Extracted from the PDF above. The PDF is authoritative.
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APHC010012112025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] THURSDAY ,THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 694/2025 Between: T Prabhakara Reddy ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner:
1. DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S):
1. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP)
2. GP MUNCIPAL ADMN AND URBAN DEV AP
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 issue a an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the payments of pending amounts of Rs.72,44,725/- (Seventy two lakhs Forty Four Thousand Seven Hundred and Twenty Five Rupees only) even after finalizing the bills payable to the petitioner in relation to the works i..e, General Fund 2023-24- Providing CC Roads To Rathnagirinagar railway track (north and south side) and construction of CC Drains to rathnagiri nagar north side 2nd, 3rd and south side 3rd, 4th and 5th line in Peddapalakaluru in Div.no.40 under AE-12 Section, Agreement 175/2023-24, dated 07.03.2024 …...”
2. Heard learned counsel for the petitioner, learned Government Pleader for Municipal Administration and Urban Development for respondent No.1, learned Standing Counsel for respondents No.2 to 4 and learned Government Pleader for Finance and Planning for respondents No.5.
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Learned counsel for the petitioner submits that even though 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.
4. The learned Standing Counsel for respondent No.2 filed a counter stating that the respondent Corporation entered into the agreement No.175/EE/GMC/GNT/2023-24, dated 07.03.2024, and the said work was
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completed within six months, i.e., 06.09.2024. The petitioner commenced the work on 08.03.2024 and completed it on 30.04.2024 and 03.05.2024 and the check measurement was done by the Executive Engineer. Subsequently, the file was circulated for payment, and the Executive authority approved the bill on 25.08.2024. The bill has already been uploaded in CFMS portal, ID No.2024-2175525. The Finance Department is required to release the payment after the bill has been uploaded in the CFMS portal.
5. In view of the above instructions, since the bill amount claimed by the petitioner is an admitted bill, this Court feels it appropriate to dispose of the writ petition directing the respondents to release amount of Rs.72,44,725/- (Rupees seventy two lakhs forty four thousand seven hundred and twenty five only) to the petitioner within a period of three (3) months from the date of receipt of a copy of this order.
6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.
Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed.
__________________ JUSTICE V.SUJATHA Date: 06.02.2025 KGR