Extracted from the PDF above. The PDF is authoritative.
APHC010519602022
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY ,THE TWENTY SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 32888/2022 Between: Sd Amanulla ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
1. V R MACHAVARAM Counsel for the Respondent(S):
1. GP FOR FINANCE PLANNING
2. The Court made the following:
THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No. 32888 of 2022
ORDER:
1. The Writ Petition is filed seeking the following relief:
“to declare the action of the respondents in not releasing the bill amounts of Rs.86,57,045/- due to the petitioner despite successful completion of works in terms of the Agreement in respect of the work namely, (i) Providing CC Road in RTC Colony of Bujabuja Nellore in Division No 26 and (2) Kallurpalli Housing Board to Indiramma Colony (Bit-2) in Division No 25 in Nellore Municipal Corporation as illegal arbitrary unreasonable and consequently direct the respondents herein to forthwith to release the said amounts to the petitioner for the aforesaid works executed by the petitioner”.
2. The Petitioner submits that the work as per the agreement was completed and the entries were recorded in M-Book after verification by the Respondent Authorities. However, as the amounts were not being paid to the Petitioner, the present Writ Petition is filed.
3.
Learned Counsel for the Respondent No.7 filed Counter Affidavit stating that the Special Officer, Nellore Municipal Corporation and District Collector, SPSR Nellore District, appointed the Public Health Department, Nellore, as implementing agency vide Cr.No.446, dated 15.10.2020. It is further stated that Respondent No.3 has submitted parawise remarks vide Letter dated 30.11.2022, wherein it was stated that upon completion of the work, the Respondent No.3 had submitted first and part bill of Rs.72,60,422 (Gross) to APAO on 30.03.2021
vide CFMS No.2020-2806891 (Old), 2021-253383 (New) and the bill was paid to the Petitioner on 16.04.2021. It is further mentioned in the Counter Affidavit that second and final bill was submitted to APAO on 27.04.2021 vide CFMS ID: 2021- 426674 (Old), 2022-243464 ( New) for release of an amount of Rs.96,09,755/- (Gross) and Rs.86,57,045/- ( Net) to the Petitioner, but the bill was not paid to the Petitioner due to financial priorities.
4. Since the execution of work and the approval of the bill is not in dispute as per the Counter Affidavit filed by the Respondent No.7, this Court deems it appropriate to dispose of the Writ Petition with the following direction:
i) The respondents are directed to make the payment of the amount due to the Petitioner, after taking into consideration the amounts paid to the Petitioner, within a period of Four months from today as the work pertains to the year 2021.
ii) There shall be no order as to costs. As a sequel, miscellaneous petitions, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 27.03.2025 eha
THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY
WRIT PETITION No. 32888 of 2022 Date: 27.03.2025
eha
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