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2025 DAILYLAW 36118 (AP)

G SRINIVASA PRASAD v. The State of Andhra Pradesh,

WP/30333/2023 · 2025-08-18

Harinath N

body2025

Judgment text

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APHC010587842023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 30333/2023 Between: 1. G SRINIVASA PRASAD, S/O G.PRABHAKARA RAO, AGED 43, D.NO 04-01-LL, CONTRACTOR, R/O. MANIKYAMMA NAGAR(V), BAPATIA (M) GUNTUR DISTRICT., ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY, MUNICIPAL ADMINISTRATION DEPARTMENT AND PUBLIC HEALTH, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DIST., 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DIST., 3. THE COLLECTOR, BAPATIA DISTRICT BAPATIA, BAPATIA DISTRICT.. 4. THE COMMISSIONER, BAPATIA MUNICIPALITY, BAPATIA, BAPATIA DISTRICT. 5. THE EXECUTIVE ENGINEER, PUBLIC HEALTH, KANNAVANITHUDU, COURT COMPOUND,GUNTUR, GUNTUR DISTRICT. 6. THE DY EXECUTIVE ENGINEER, BAPATIA MUNICIPALITY, 2 HN, J W.P.No.30333_2023 BAPATIA, BAPATIA 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 order or orders, direction or directions. Writ or Writs particularly one in the nature Writ of Mandamous or any appropriate writ and to declare the action of the respondents in not paying the bills for execution of work vide 1) Agreement No.126 of 2022-23, Dt 01-10-2022, 2) Agreement No.128 of 2022-23, Dt 01-10-2022, 3) Agreement No.l29 of 2022- 23, Dt 01-10-2022, 4) Agreement No. 130 of 2022-23, Dt 01-10-2022, Total 4 Works amount of Rs.76,70,137/- to the petitioner with 24percent interest till to day from the date of completion of respective works as illegal, arbitrary, violation of principles of natural justice and violative of Article 14, 19 (i)(g), 21 of the Constitution of India, consequently direct the respondents to release the bills for the above completed works immediately with 24percent interest and to pass IA NO: 1 OF 2023 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 the amount of Rs.76,70,137/- towards payment of above final bills for the contract works under taken by the petitioner long back, pending disposal of main writ petition pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. K L N SWAMY Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING 2. GP FOR MUNCIPAL ADMN URBAN DEV 3 HN, J W.P.No.30333_2023 The Court made the following Order: Learned counsel for the petitioner submits that the petitioner has executed works as entrusted by the respondent- Corporation vide Agreement Nos.123/2022-23, dated 01.10.2022, 128/2022-23, dated 01.10.2022, 129/2022-23, dated 01.10.2022 and 130/2022-23, dated 01.10.2022 and submitted final bills. It is submitted that the competent authority has also recorded the progress of work and certified the work in the M-Book. It is submitted that, in all, an amount of Rs.76,70,137/- is due and payable by the respondents to the petitioner. Though the work progress was recorded in the M-Book, no amounts have been forth coming. 2. Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Municipal Administration and Urban Development and the learned Assistant Government Pleader for Finance and Planning as well as the learned Standing Counsel for the Municipality. 3. Considering the submissions, the 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. 4. Accordingly, the Writ Petition is disposed of. No costs. 5. Pending miscellaneous petitions, if any, shall stand closed. ______________________ JUSTICE HARINATH.N Date : 19.08.2025 NKA 4 HN, J W.P.No.30333_2023 94 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 30333 of 2023 Date: 19.08.2025 NKA