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2025 DAILYLAW 36050 (AP)

R SASIDHAR v. THE STATE OF ANDHRA PRADESH

WP/30527/2024 · 2025-07-22

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010584722024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 30527 OF 2024 Between: R Sasidhar, S/o.. R.M. Naidu, Aged about 59 years, R/o. D.No.51-8- 43/18, Flat No. 1, Vijaya Residency Sithammadhara, Visakhapatnam. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and Secretariat, Amaravathi, Guntur District. 2. The Director of Municipal Administration, Guntur, Guntur District. 3. The District Collector, Visakhapatnam. 4. The Grater Visakhapatnam Municipal Corporation, Rep. by its Commissioner, Visakhapatnam. 5. The Chief Engineer, Grater Visakhapatnam Municipal Corporation, Visakhapatnam 6. The Executive Engineer III, Grater Visakhapatnam Municipal Corporation Visakhapatnam. 7. The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance and Planning Department, Secretariat, Amaravathi, Guntur District Urban Development Department, ...Respondents % 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 to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents in withholding the undisputed bill aniounts payable to the petitioner in respect of work i.e Construction of SW Drain and 450 mm type design drain at Peda Jalaripeta in Ward No. 19 of Zone-Ill vide Agreement No. 183/2023-24/EE- lll/DB, dt.05.10.2023, even after finalizing the bills as illegal arbitrary and contrary to the Principles of natural justice and consequently direct the respondents to pay undisputed bill amount of Rs.18,40,537/-, payable to the petitioner in respect of execution of afore mentioned work vide Agreement No.183/2023-24/EE-lll/DB, dt.05.10.2023 along with interest @ 18 percent p.a. from the date of recordingof bills. lA NO: 1 OF 2024 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 to direct the respondents to pay undisputed bill amount of Rs. 18,40,537/-, payable to the petitioner in respect of work done i.e.. Construction of SW Drain and 450 mm type design drain at Peda Jalaripeta in Ward No. 19 of Zone-lll, vide Agreement No.183/2023-24/EE-lll/DB disposal of the Writ Petition. Counsel for the Petitioner: SRI C SUBODH Counsel for the Respondent Nos. 1 to 3: GP MUNCIPAL ADMN AND URBAN DEV Counsel for the Respondent Nos 4 to 6: SRI A S C BOSE SC FOR MUNlOtPALITIES Counsel for the Respondent no. 7: GP FOR FINANCE PLANNING The Court made the following order: APHC010584722024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 30527/2024 Between: 1.R SASIDHAR, S/O. R.M.NAIDU, AGED ABOUT 59 YEARS, R/0. D.NO.51-8-43/18, FLAT N0.1, VIJAYA RESIDENCY SITHAMMADHARA, VISAKHAPATNAM. ...PETITIONER ANU 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL MUNICIPAL ADMINISTRATION AND SECRETARIAT, AMARAVATHI SECRETARY, DEVELOPMENT DEPARTMENT, GUNTUR DISTRICT. URBAN 2.THE DIRECTOR OF MUNICIPAL ADMINISTRATION, GUNTUR GUNTUR DISTRICT. 3.THE DISTRICT COLLECTOR, VISAKHAPATNAM. 4.THE GRATER VISAKHAPATNAM MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, VISAKHAPATNAM. 5.THE CHIEF ENGINEER, GRATER VISAKHAPATNAM MUNICIPAL 'CORPORATION, VISAKHAPATNAM 6.THE EXECUTIVE ENGINEER MUNICIPAL CORPORATION VISAKHAPATNAM. Ill, GRATER VISAKHAPATNAM 7.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL FINANCE AND PLANNING DEPARTMENT, SECRETARY, SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT 2 ...RESPONDENT(S): Petition under Article 226 of the Constitution ^ circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents in withholding the undisputed bill amounts payable to the petitioner in respect of work i e onstruction of SW Dram and 450 mm type design drain at Peda Jalaripeta Zone-Ill vide Agreement No.183/2023-24/EE- lll/DB dt.05.10.2023, even after finalizing the bills as illegal arbitrary and contrary to the Principles of natural justice and consequently direct the respondents to pay undisputed bill amount of Rs. 18,40,537/-, payable to the petition^ m wo'-k Vide Agreement No.183/2023- EE-III/DB, dt.05.10.2023 along with interest @ 18 percent p.a. from the date of recording of bills forthwith and of India praying that in the in pass lA NO: 1 OF 9n9A in the “^cumstances stated m the affidavk filed in support of the petition, the High Court mav be oleased . s.18,40 537/-, payable to the petitioner in respect of work done Wa?fr rr ° design drain at Peda Jalaripeta i Of the Writ PeWiorand No.183/2023-24/EE-lll/DB disposal Counsel for the Petitioner: 1.C SUBODH Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP 2.GP FOR FINANCE PLANNING i.e.. in pass ■ * 3 The Court made the following Order: Learned counsel for the petitioner submits that the petitioner has completed the works entrusted by the respondent as per Agreement NO.183/2023-2024/EE-III/DB, dated 05.10.2023 and submitted final bills. It submitted that, in all, an amount of Rs. 18,40,537/- is due payable to the petitioner. However, amounts have not been paid. Aggrieved by the same, the present Writ Petition is filed. Heard the learned counsel for the petitioner; the learned Assistant Government Pleader for Municipal Administration and Urban Development, for the respondents 1 to 3; the learned Assistant Government Pleader for Finance and Planning, for the 7‘^ respondent and the learned Standing Counsel for respondents 4 to 6. 3. Considering the submissions, the respondents 4 to 7 are hereby directed to verify and release the payments due payable to the petitioner expeditiously as possible preferably within a period of eight (8) weeks from the date of receipt of a copy of this order. Accordingly, the Writ Petition is disposed of. No costs. IS 2. as 4. 5. Pending miscellaneous petitions, if any, shall stand closed. ' Sd/- U. SRIDEVI assistant registrar //TRUE COPY// // — SECTION OFFICER To, Urban 1. The Principal Secretary, Municipal Administration and Development Department, State of Andhra Pradesh, Secretariat Amaravathi, Guntur District. 2. The Director of Municipal Administration, Guntur, Guntur District. 3. The District Collector, Visakhapatnam. 4. The Commissioner, Grater Visakhapatnam Municipal Corporation, Visakhapatnam. 5. The Chief Engineer, Grater Visakhapatnam Municipal Corporation, Visakhapatnam 6. The Executive Engineer III, Grater Visakhapatnam Municipal Corporation Visakhapatnam. 7. The Principal Secretary, State of Andhra Pradesh, Finance and Planning Department, Secretariat, Amaravathi, Guntur District 8. One CC to Sri. C Subodh Advocate [OPUC] 9. Two CCs to GP for Finance Planning Fligh Court of Andhra Pradesh [OUT] 10. Two CCs to GP for Municipal Admin and Urban Development Fligh Court of Andhra Pradesh [OUT] Two CD Copies 11. gsc t HIGH COURT DATED:23/07/2025 ORDER WP NO. 30527 OF 2024 ANDW^ 17 SEP 2025 ^ . Current Section . mv o DISPOSING THE WP WITHOUT COSTS