Vattem Srinivasa Rao, v. The State of Andhra Pradesh,
WP/23588/2024 · 2025-01-02
V Sujatha
body2025
DailyLaw.ai
[ 2025 DAILYLAW 31278 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 31278 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
(< IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 23588 OF 2024 Between: Vattem Srinivasa Rao, S/o Krishna Rao, Aged about 49 years, Occupation Civil Contractor, R/o 36-85, PurushotmaPatnam, Chilakaluripet, Palnadu District. ...PETITIONER AND
1. The State of Andhra Pradesh, Represented by its Principal Secretary, Municipal Administration Department, A.P Secretariat buildings, Velagapudi, Guntur District. 2. The State of Andhra Pradesh, Represented by its Principal Secretary, Department of Finance and Planning A.P Secretariat buildings, Velagapudi, Guntur District. 3. The Andhra Pradesh Comprehensive Financial Management System (CFMS), 6th floor, C block, Anjaneya Towers, Ibrahimpatnam, Krishna District, Rep. By its Chairman. 4. The Commissioner and Director of Municipal Administration, Andhra Pradesh at Tadepalli, Guntur District. 5. The Directorate of Treasuries and Accounts, 3rd floor, C block, Anjaneya Towers, Ibrahimpatnam, Krishna District. Rep. by its Director
6. Pay and Accounts Officer, Treasuries and Accounts, Narasaraopet, Palnadu District. 7. The District Treasury Officer, Palnadu District. 8. The Chilakaluripet Municipality, Rep. By its Commissioner, Chilakaluripet, Palnadu district. ...RESPONDENTS , Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not paying the admitted due amounts of Rs. 4,38,025/- Rs 89,068/-, Rs 4,51,045/- Rs 88,247/- Rs 84,912/- Rs 88,911/-respectively totaling Rs. 12,40,208/- (Twelve lakh forty thousand two hundred eight) payable to petitioner for 06 works executed for 8**^ respondent by the petitioner, under agreement Bearing No's 115/2023-24 (dated 20-07-2023), 133/2023-24 (dated 17-08- 2023), 257/2023-24 (dated 02-12-2023), 22/2024-25(dated 18-04-2024), 25/2024-25 (dated 26-04-2024), and 26/2024-25 (dated 26-04 2024)despite finalizing the bills, not generating CFMS ID so far, as illegal, arbitrary, unconstitutional and consequently direct the respondents herein to immediately pay the total due amount of Rs. 12,40,208/- (Twelve lakh forty thousand two hundred eight) payable to petitioner in relation to the above 06 works executed for 8*^ respondent with an interest @ 12% per annum.
* • \A NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents herein to release the due amounts of Rs 4,38,025/-, Rs 89,068/-, Rs 4,51,045/- Rs 88,247/- Rs 84,912/- Rs 88,911/- respectively totaling Rs. 12,40,208/- (Twelve lakh forty thousand two hundred eight) payable to petitioner for 06 works executed for 8th respondent by the petitioner, under agreements Bearing No’s 115/2023-24 (dated 20-07-2023), 133/2023-24 (dated 17-08-2023), 257/2023-24 (dated 02-12-2023), 22/2024-25(dated 18-04-2024), 25/2024-25 (dated 26-04- 2024), and 26/2024-25 (dated 26-04-2024) in relation to the above 6 works executed for 8‘^ respondent, respectively within a stipulated time frame. Counsel for the Petitioner: SRI SASANKA BHUVANAGIRI Counsel for the Respondent Nos.1 & 4: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent Nos.2,3,5,6&7: GP FOR FINANCE AND PLANNING Counsel for the Respondent No.8: M/s. SIREESHA RANI VALLABHANENI, SC FOR MUNICIPALITIES The Court made the following: ORDER
1 APHC010458182024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] THURSDAY, THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 23588/2024 Between: Vattem Srinivasa Rao, ...PETITIONER AND ...RESPONDENT(S) The State of Andhra Pradesh and others Counsel for the Petitioner:
1.SASANKA BHUVANAGIRl Counsel for the Respondent(S):
1.GP FOR MUNCIPAL ADMN URBAN DEV 2.Sireesha Rani Vallabhaneni,Standing Counsel For Municipalities 3.GP FOR FINANCE PLANNING The Court made the following:
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ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:-
“....to issues writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not paying the admitted due amounts of Rs.4,38,025/-, Rs.89,068/-, Rs.4,51,045/-, Rs.88,247/-, Rs.84,912/-, Rs.88,911/- respectively totaling Rs.12,40,208/- (Twelve lakh forty thousand two hundred eight) payable to petitioner for 06 works executed for 8'^ respondent by the petitioner, under agreement Bearing Nos.115/2023-24 (dated 20.07.2023), 133/2023- 24 (dated 17.08.2023), 257/2023-24 (dated 02.12.2023), 22/2024-25 (dated 18.04.2024), 25/2024-25 (dated 26.04.2024) and 26/2024-25 (dated 26.04. 2024) despite finalizing the bills, not generating CFMS ID so far, as illegal, arbitrary, unconstitutional and consequently direct the respondents herein to immediately pay the total due amount of Rs. 12,40,208/- (Twelve lakhs forty thousand two hundred eight) payable to petitioner in relation to the above 06 works executed for 8"’ respondent with an interest @12% per annum ” Heard learned counsel for the petitioner, learned Government Pleader
2. for Municipal Administration and Urban Development for respondent Nos.1 and 4, learned Government Pleader for Finance and Planning for respondent Nos.2, 3, 5, 6 and 7 and Ms.V.Sireesha Rani, learned Standing Counsel for respondent No.8.
Learned counsel for the petitioner submits that even though
3. respondents admitted that the petitioner is entitled for payment of the aforesaid sum of money, no payment is being made and such non-payment of money is clearly arbitrary and high-handed and thereby requires interference by this Court.
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4. Today, when the matter came up for hearing, learned Standing Counsel for respondent No.8 furnished a copy of the instructions dated 17.12.2024, wherein it is stated the amounts payable to the petitioner are admitted bills. However, due to lack of funds, the bill amounts have not been uploaded in the CFMS portal.
5. In view of the above, since the bill amount claimed by the petitioner i; an admitted amount, instead of keeping the writ petition pending, this Court feels it appropriate to dispose of the writ petition by directing the respondents to clear the bills to a tune of Rs.12,40,208/- (Rupees twelve lakhs forty thousand two hundred and eight only) payable to the petitioner, within a period of three (3) months from the date of receipt of a copy of this order. There shall be no order as to costs. IS As a sequel. Interlocutory Applications pending, if any, in this Writ Petition, shall stand closed.
Sd/- V. SAVITHRI GOWRI ASSISTANT tREGISTRAR //TRUE COPY// SECTTON OFFICER To,
1. The Principal Secretary, Municipal Administration Department, State of Andhra Pradesh, A.P Secretariat buildings, Velagapudi, Guntur District. The Principal Secretary, Department of Finance and Planning, State of Andhra Pradesh, A.P Secretariat buildings, Velagapudi, Guntur District. The Chairman, Andhra Pradesh Comprehensive Financial Management System (CFMS), 6th floor, C block, Anjaneya Towers, Ibrahimpatnam, Krishna District. The Commissioner and Director of Municipal Administration, Andhra Pradesh at Tadepalli, Guntur District. The Director, Directorate of Treasuries and Accounts, 3'"^ floor, C block, Anjaneya Towers, Ibrahimpatnam, Krishna District.
2.
3.
4.
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6. The Pay and Accounts Officer, Treasuries and Accounts, Narasaraopet, Palnadu District.
7. The District Treasury Officer, Palnadu District.
8. The Commissioner, Chilakaluripet Municipality, Chilakaluripet , Palnadu District.
9. One CC to Sri Sasanka Bhuvanagiri, Advocate [OPUC]
10. One CC to M/s. Sireesha Rani Vallabhaneni, SC for Municipalities[OPUC]
11. Two CCs to GP for Municipal Administration and Urban Development, High Court of Andhra Pradesh. [OUT]
12. Two CC’s to GP for Finance and Planning, High Court of A.P. at Amaravati[OUT]
13. Three CD Copies. ssb
HIGH COURT DATED:02/01/2025
ORDER ^ I 2 FEB 2C25 | ^ . Current Section WP.No.23588 of 2024 DISPOSING OF THE W.P. WITHOUT COSTS