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2025 DAILYLAW 31360 (AP)

Vattem Srinivasa Rao, v. The State of Andhra Pradesh,

WP/23607/2024 · 2025-04-03

Nyapathy Vijay

body2025

Judgment text

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APHC010458142024 IN THE HIGH COURT OF ANDHRA (Special Original Jurisdiction) THURSDAY ,THE THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 23607/2024 Between: Vattem Srinivasa Rao, The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1. SASANKA BHUVANAGIRI Counsel for the Respondent(S): 1. Sireesha Rani Vallabhaneni,Standing Counsel For Municipalities 2. GP MUNCIPAL ADMN AND URBAN DEV AP 3. GP FOR FINANCE PLANNING 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY ,THE THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 23607/2024 Vattem Srinivasa Rao, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: SASANKA BHUVANAGIRI Counsel for the Respondent(S): Sireesha Rani Vallabhaneni,Standing Counsel For GP MUNCIPAL ADMN AND URBAN DEV AP GP FOR FINANCE PLANNING [3460] THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY ...PETITIONER ...RESPONDENT(S) 2 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 23607/2024 The Court made the following Order: The present Writ Petition is filed questioning the non- payment of amounts of Rs.6,11,776/-, Rs.17,58,959, Rs.7,46,844/-, Rs.11,13,983/- and Rs.1,46,832/- respectively totaling in a sum of Rs.43,78,394/- due to the Petitioner for the works i.e.,i) Construction of CC drain from Shaik Moulali House to Swarna Kumari house (back side of Moshe house) at vaddera Colony in 17th ward in Chilakaluria Municipality ii) Raising of CC Road and construction of CC drain from Luthern Church to Gummadi Emmanuel house D.No.33-73 in Sanjeeva Nagar 33rd ward in Chilaluri Municipality under GGMP iii) Providing CC drain from Ragnanna Palem From D.No.32-31 to D.No.32-51 at 28th ward in chilakaluripet Municipality under GGMP iv) Construction of CC drain at V.Shankar house to Byra Krishna Land at Byra Sivaramayya veedhi in PUrushottamapatnam near substation in 31st ward Chilakaluripet Municipality under GGMP and V) Construction of CC Drain and RCC culvert at D.No.2-459 in Sambasiva Nagar 34th ward in Chilakaluripet Municipality under GGMP executed for the 8th respondent under agreements 3 bearing Nos.66/2023-24 dated 03.07.2023, 217/2023-24 dated 30.11.2023, 221/2023-24, dated 30.11.2023, 282/2023-24 dated 06.01.2024 and 295/2023-24, dated 17.02.2024 respectively done by him despite finalizing the bills and generating CFMS numbers, as illegal and arbitrary. 02. Heard Sri Sasanka Bhuvanagiri, learned counsel for the Petitioner and Smt. Vallabhaneni Sireesha Rani, learned Standing Counsel appearing for the Respondent No.8- Municipality. 03. The Petitioner submits that the works mentioned above were completed which was completed within the stipulated time and the amounts due to the Petitioner were uploaded in the CFMS Portal for clearance of the bills by the Finance Department in the year 2023 vide 2023-2551635, 2023-2208582, 2023- 2614892, 2023-2544986 respectively. As the amounts were not being paid and were migrated to the year 2024 by assigning new bill numbers vide 2024-281963, 2024-281513, 2024-282432, 2024-281972 and 2024-1251133, as such the present Writ Petition is filed. 4 4. The learned Standing Counsel for the Respondent No.8- Municipality passed on the signed instructions of the Commissioner, Chilakaluripeta Municipality to the Court, wherein the execution of works and the amounts claimed by the Petitioner was not disputed. Further submitted that after completion of works the Municipal Authorities have prepared bill for the payment and submitted in the CFMS portal, but due to technical reasons the bills i.e., 2023-2551635 and 2023-2544986 were cancelled in CFMS portal. It was further mentioned that steps are being taken to process the bills of the Petitioner and that there is no deliberate act on the part of the Respondent authorities in delaying the payment. 5. As there is no dispute to the execution of works and amount due to the Petitioner, the Writ Petition is disposed of, at the stage of admission, with the consent of both sides counsel and placing the written instructions on record, with the following direction: (i) The Respondent authorities are directed to pay the amounts due to the Petitioner within a period of four (4) months from today. 5 There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 03.04.2025 KKV 6 141 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 23607/2024 Date: 03.04.2025 7 KKV