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2025 DAILYLAW 34513 (AP)

OWK ANKANNA v. THE STATE OF AP

WP/27756/2025 · 2025-10-09

Harinath N

body2025

Judgment text

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1 APHC010534352025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY,THE TENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 27756/2025 Between: 1. OWK ANKANNA, AGED 52 YEARS, S/O. OWK SANTENNA, H.NO. 2- 318, R/O. PONNAPURANAM, NANDYAL MANDAL, NANDYAL DISTRICT- 518501. ...PETITIONER AND 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY DEPARTMENT OF MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT SECRETARIAT VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, NANDYAL, NANDYAL DISTRICT. 4. THE NANDYAL MUNICIPALITY, REPRESENTED BY ITS COMMISSIONER, NANDYAL, NANDYAL DISTRICT. 5. MTHE MUNICIPAL ENGINEER, NANDYAL MUNICIPALITY, NANDYAL, NANDYAL DISTRICT. ...RESPONDENT(S): 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 toPleased to issue an appropriate Writ Order or direction more 2 particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the payments of pending amounts of Rs.33,92,451/-, Rs. 17,78,095/- totalling an amount of Rs.51,70,546/- (Fifty- One Lakhs Seventy Thousand Five Hundred Forty Six Rupees only) for the year 2022-2023, even after finalizing the bills, payable to the petitioner in relation to the works 1). Providing CC Drain and CC Road from D. No.9/136 to D.No.9/143, D.No.9/401 to D.No.9/409, D.No.9/365 to D.No.373 and D.No.410 to 9/418 at Ponnapuram in Ward No. 19, 2). Providing CC Drain and CC Road from D.No.2/97 to D.No.2/151 at Pormapuram in Ward No. 19. As bad, illegal arbitrary, improper, unjust and against the Article 21 of Constitution of India and consequently direct the Respondents to pay the amounts of Rs.51,70,546/- (Fifty-One Lakhs Seventy Thousand Five Hundred Forty- Six Rupees only) forthwith release the payments of above bill amount along with 12th interest without any more delay. IA NO: 1 OF 2025 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 pleased to direct the respondents to release and pay the amounts of Rs.51,70,546/- (Fifty-One Lakhs Seventy Thousand Five Hundred Forty-Six Rupees only) release the payments of the bill amount along with 12PERCENTAGE interest, pending disposal of the writ petition and pass Counsel for the Petitioner: 1. THATHIREDDY ASHOK SRIVASTAVA Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP 2. GP FOR FINANCE PLANNING 3 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 27756 of 2025 ORDER: 1. The petitioner is aggrieved by the action of the respondents in withholding the payments of pending amounts of Rs.33,92,451/-, Rs. 17,78,095/- totaling an amount of Rs.51,70,546/- (Fifty-One Lakhs Seventy Thousand Five Hundred Forty Six Rupees only) for the year 2022-2023, even after finalizing the bills, payable to the petitioner in relation to the works 1) Providing CC Drain and CC Road from D. No.9/136 to D.No.9/143, D.No.9/401 to D.No.9/409, D.No.9/365 to D.No.373 and D.No.410 to 9/418 at Ponnapuram in Ward No. 19, 2). Providing CC Drain and CC Road from D.No.2/97 to D.No.2/151 at Pormapuram in Ward No. 19. 2. The learned counsel further submits that the petitioner duly executed all the works and thereafter submitted final bills. It is submitted that the final bills were duly endorsed by the competent authority. A statement detailing the works executed by the petitioner was prepared, progress of the work was recorded in the M-book and the final quality certificates were also issued in confirmation of due completion. However, in spite of the completion of all procedural formalities, the payment towards the completed works has not been released till date. 3. Heard the submissions of the learned counsel for the petitioner, the learned Government Pleader for Municipal Administration & Urban 4 Development, the learned Standing Counsel for the Corporation and the learned Assistant Government Pleader for Finance and Planning. 4. During the course of hearing, the learned Standing Counsel appearing for the Corporation does not dispute the submissions made by the petitioner with respect to the completion of the work undertaken. 5. Considering the submissions, respondents are hereby directed to verify and release the payments due payable to the petitioner as expeditiously as possible preferably within a period of eight (08) weeks from the date of receipt of a copy of this order. 6. Accordingly, the writ petition is disposed of. No costs. Pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date:10.10.2025 NKA 5 89 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 27756 of 2025 Date: 10.10.2025 NKA