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2025 DAILYLAW 36574 (AP)

M S S SIVA KUMAR v. THE STATE OF AP

WP/156/2025 · 2025-01-09

V Sujatha

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 APHC010600362024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] THURSDAY, THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 156/2025 Between: M.S.S.Siva Kumar ...PETITIONER AND The State of A.P. and others ...RESPONDENT(S) Counsel for the Petitioner: 1. DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S): 1. M Krishna Rao SC for skl vzm kkd Municipal Corporations 2. GP MUNCIPAL ADMN AND URBAN DEV AP 3. GP FOR FINANCE PLANNING The Court made the following: 2 ORDER : This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “.... 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.3,41,742/- (Three Lakhs Forty One Thousand Seven Hundred and Forty Two Rupees only) even after finalizing the bills payable to the petitioner in relation to the works i.e. 1. Construction of CC drain from 80 wide M.P. Road east side south wing of cheedilapora in 46th Division, M.B.No.296/19-20, 589/21-22, Agreement No.219/21-22, dated 2.8.2022 for the year 2021, 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.3,41,742/- (Three Lakhs Forty One Thousand Seven Hundred and Forty Two Rupees only) with interest @ 24 percent per annum for the delayed amount till date of realization for the works executed by the petitioner …...” 2. Heard learned counsel for the petitioner and learned counsel appearing for the respondents. 3. Learned counsel for the petitioner submits that even though respondents admitted that the petitioner is entitled for payment of the aforesaid sum of money, no payment is being made and such non-payment of money is clearly arbitrary and high-handed and thereby requires interference by this Court. 4. Today, when the matter came up for hearing, learned Government Pleader for Municipal Administration and Urban Development submitted that 3 the amounts payable to the petitioner are admitted bills. However, due to lack of funds, the bill amounts have not been uploaded in the CFMS portal. 5. In view of the above instructions, since the bill amount claimed by the petitioner is an admitted bill, this Court feels it appropriate to dispose of the writ petition directing the respondents to release amount of Rs.3,41,742/- (Rupees Three lakhs forty one thousand seven hundred and forty two only) to the petitioner within a period of three (3) months from the date of receipt of a copy of this order. 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed. __________________ JUSTICE V.SUJATHA Date: 09.01.2025 KGR