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2025 DAILYLAW 32148 (AP)

A.M.K. Prasad, v. The State of Andhra Pradesh,

WP/24448/2024 · 2025-02-13

V Sujatha

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 APHC010472872024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] THURSDAY ,THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 24448/2024 Between: A.m.k. Prasad, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. AKULA VAMSI KRISHNA Counsel for the Respondent(S): 1. GP FOR REVENUE 2. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) 3. GP MUNCIPAL ADMN AND URBAN DEV AP 4. GP FOR FINANCE PLANNING The Court made the following: 2 ORDER : This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “....to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in withholding amounts for work done even after completion of work and finalization of Bills payable to the petitioner in relation to the works under “Gadapa Gadapaku Mana Prabhutvam” for (i) Providing CC Drain to Mukku Naga Mani House Road and from EP No.2/143 to Sajithunisa House and Beeram Prasanth gari House Road in Division No.2 in Machilipatnam Municipal Corporation, for an amount of Rs.1,43,692/- vide Work ID: MAUD-1070-20435, (ii) Providing CC Culvert, Approaches and Patch Work at Kanaka Durgamma Temple Street in Division No 24 in Machilipatnam Municipal Corporation, for an amount of Rs.3,62,393/- vide Work ID: MAUD- 1070-28064, (iii) Construction of CC Drain From (E.P.No.33/43 to EP No.33/37) at Borra vari Street in Division No 33 of Machilipatnam Municipal Corporation for an amount of Rs.3,06,079/- vide Work ID: MAUD-1070-27330, (iv) Providing CC drain from EP No.11/88 to EP No.11/95 beside Ashirvadapuram Park in 11th Division for an amount of Rs.4,39,997/- vide Work ID: MAUD-1070-2914, totaling to Rs.12,52,161/- as iliegal, arbitrary and vioiative of Articles 14 and 21 of the Constitution of India and consequently direct the respondent authorities to release the amounts with interest 24% p.a. for the pending bills forthwith for the above said works executed by the petitioner…” 2. Heard learned counsel for the petitioner and learned counsel appearing for the respondents. 3. Learned counsel for the petitioner submits that even though respondents admitted that the petitioner is entitled for payment of the 3 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 respondent Nos.5 to 8 has filed a counter affidavit admitting the works done by the petitioner as well as the amounts payable to the petitioner and further stated that the work bills of the petitioner will be paid through Pay and Accounts Officer, Vijayawada as per the availability of the Gadapa Gadapaku Mana Prabhutvam Scheme Funds. 5. In view of the same, since the bills claimed by the petitioner is an admitted amount, this Court feels it appropriate to dispose of the writ petition directing the respondents to release amount of Rs.12,52,161/- (Rupees Twelve Lakhs Fifty Two Thousand One Hundred and Sixty One 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: 13.02.2025 JLV