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2025 DAILYLAW 34551 (AP)

OWK ANKANNA v. THE STATE OF AP

WP/27661/2025 · 2025-10-08

Harinath N

body2025

Judgment text

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APHC010534282025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE NINTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 27661/2025 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. ...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 particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the payments of pending amounts of Rs.33,00,595/- and Rs.l 1,71,388/- totalling an amount of Rs.44,71,983 2 (Forty-Four Lakhs Seventy-One Thousand Nine Hundred and Eighty-Three Rupees only)for the year 2022-2023, even after finalizing the bills, payable to the petitioner in relation to the works1).Providing CC Drain and CC Road from D. No.2/59 to D.No.2/110, D.no.9/412-A to D.No.9/321 at Ponnapuram in Ward No. 19, 2). Dismantling Dilapidated School Building and Construction of Compound Wall in Ponnapuram 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.44,71,983 (Forty-Four Lakhs Seventy-One Thousand Nine Hundred and Eighty-Three Rupees only) forthwith release the payments of above bill amount along with 12 percentage 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 Rs.44,71,983 (Forty-Four Lakhs Seventy-One Thousand Nine Hundred and Eighty-Three Rupees only) release the payments of the bill amount along with 12 percentage 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 The Court made the following: 3 ORDER:- The learned counsel for the petitioner submits that the petitioner has awarded the works of Providing CC Drain & CC Road from D.No.2/59 to D.No.2/110, D.No.9/412-A to D.No.9/321 at Ponnapuram in Ward No.19 and Dismantling Dilapidated School Building and Construction of Compound Wall in Ponnapuram in Ward No.19. 2. The learned counsel further submits that the petitioner duly executed the works and thereafter submitted final bills for an amount of Rs.44,71,983/-. It is submitted that the said final bills were duly endorsed by the competent authority. A statement detailing the works executed by the petitioner was prepared, and the progress of the works was recorded in the M-book. The Quality Control Report was also filed by the petitioner. 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 Development, the learned Standing Counsel for the Municipality and the learned Assistant Government Pleader for Finance and Planning. 4. During the course of hearing, the learned Standing Counsel appearing for the Municipality does not dispute the submissions made by the petitioner with respect to the completion of works undertaken. 5. Considering the submissions, the concerned respondents are hereby directed to verify and release the payments due payable to the petitioner as 4 expeditiously as possible preferably within a period of six (06) weeks from the date of receipt of a copy of this order. 6. Accordingly, this writ petition is disposed off. There shall be no order as to costs. 7. Pending miscellaneous petitions, if any, shall stand closed. ____________________ JUSTICE HARINATH.N 09.10.2025 PNS