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2025 DAILYLAW 40221 (AP)

PERUGU VASU v. THE STATE OF ANDHRA PRADESH

WP/29814/2025 · 2025-11-02

Harinath N

body2025

Judgment text

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APHC010569972025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE THIRD DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 29814/2025 Between: 1. PERUGU VASU, S/O VENKATESWARLU, AGED ABOUT 37 YEARS, OCC CONTRACTOR, H.NO. 8-98, NEAR WATER TANK, SANTHANUTHALAPADU, PRAKASAM DISTRICT, A.P.- 523225. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE MUNICIPAL CORPORATION, REP BY ITS MUNICIPAL COMMISSIONER ONGOLE, PRAKASAM DISTRICT. 4. THE MUNICIPAL EXECUTIVE ENGINEER, ONGOLE, PRAKASAM DISTRICT. 5. THE MUNICIPAL DEPUTY EXECUTIVE ENGINEER, ONGOLE, PRAKASAM DISTRICT. 6. THE MUNICIPAL ASSISTANT EXECUTIVE ENGINEER, ONGOLE, PRAKASAM DISTRICT. 2 7. THE PAY AND ACCOUNTS OFFICER, WORKS AND ACCOUNTS, PRAKASAM 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 admitted bill amounts for the work executed by the petitioner viz., for Construction of Providing C.C Road from Surabhi Milk Dairy to PLR House north side in Division No.37 Agreement No. 929/2023-2024, dated 05.03.2024 for an amount of Rs.7,29,042 /- (Seven lakh twenty nine thousand Forty-two Rupees Only) - as illegal,arbitrary and violative of Article 14 and 21 of the Constitution of India and consequently direct the respondents to forthwith consider the case of the petitioner for making payment of the amount of Rs.7,29,042 /- (Seven lakh twenty nine thousand Forty-two Rupees Only) with interest 12 percentage per for the delayed payment to the petitioner in respect of execution of the above- mentioned work forthwith in terms of Agreement for Construction of Providing C.C Road from Surabhi Milk Dairy to PLR House north side in Division No.37,and pass 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 forthwith consider for payment of Rs.7,29,042 /- (Seven lakh twenty nine thousand Forty-two Rupees Only) with interest 12 percentage per annum for the delayed amount to the petitioner in respect of execution of above- mentioned works forthwith in terms of Agreement for Construction of Providing C.C Road from Surabhi Milk Dairy to PLR House north side in Division No.37 Agreement No. 929/2023-2024, dated 05.03.2024 for an amount of Rs.7,29,042/- (Seven lakh twenty nine thousand Forty-two Rupees Only) and pass. 3 Counsel for the Petitioner: 1. G.SAI LOCHAN Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP 2. GP FOR FINANCE PLANNING The Court made the following: 4 ORDER:- The learned counsel for the petitioner submits that the petitioner has awarded the work for “construction of providing C.C road from Surabhi Milk Dairy to PLR House north side in Division No.37, vide Agreement No.929/2023-2024, dated 05.03.2024. 2. The learned counsel further submits that the petitioner duly executed the work and thereafter submitted final bills for an amount of Rs.7,29,042/-. It is submitted that the said final bills were duly endorsed by the competent authority. A statement detailing the work executed by the petitioner was prepared and the progress of the work was recorded in the M-book. However, in spite of the completion of all procedural formalities, the payment towards the completed work 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 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 work undertaken. 5 5. Considering the submissions, the concerned respondents are hereby directed to verify and release the payments due payable to the petitioner as 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. Pending miscellaneous petitions, if any, shall stand closed. ____________________ JUSTICE HARINATH.N Dt: 03.11.2025 SR