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2025 DAILYLAW 40467 (AP)

V HIDAYATHULLA v. THE STATE OF ANDHRA PRADESH

WP/30328/2025 · 2025-11-03

Harinath N

body2025

Judgment text

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APHC010585802025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY, THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 30328/2025 Between: V Hidayathulla ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. Sri DASARI S V V S V PRASAD Counsel for the Respondents: 1. Ld. GP MUNCIPAL ADMN AND URBAN DEV AP 2. Ld. GP FOR FINANCE PLANNING 3. Sri Gudapati Lakshmi Narayana, Ld. Standing Counsel for R.3 The Court made the following: -2- W.P. No.30328 OF 2025 Date of order:04.11.2025 THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No.30328 OF 2025 ORDER: 1. This writ petition is filed aggrieved by the action of the respondents for non- payment of the bills for the works undertaken by the petitioner. 2. Heard the submissions of the learned counsel for the petitioner, the learned Government Pleader for Municipal Administration and Urban Development, the learned Assistant Government Pleader for Finance and Planning, and the learned Standing Counsel for the respondent-Corporation. 3. The learned counsel for the petitioner submits that the 3rd respondent entrusted the work to the petitioner under agreement No.446/2023-24, dt.21.08.2023 and Supplemental agreement No.699/2023-24, dt.12.02.2024. The details of the work is, laying of CC road from D.No.11-554 to 11-562, from D.No.11-553 to 11.541 and from E.P. No.G1/7 to D.No.11-606 at Mesepeta in 15th Election Ward in Dharmavaram Municipality. 4. The learned counsel further submits that the petitioner duly executed the work to the satisfaction of the 3rd respondent. It is further submitted that after execution of the works, the progress of the work was recorded in the M book and the quality of the work done by the petitioner was also assessed by the agency employed by the 3rd respondent. Later, the petitioner submitted a final bill. The authorities of the 3rd respondent, after deducting necessary charges -3- W.P. No.30328 OF 2025 Date of order:04.11.2025 and other expenses, approved the final bill for a sum of Rs.9,01,911/-, but so far no payment has been made to the petitioner. 5. The learned standing counsel for the 3rd respondent, on oral instructions, submits that the work undertaken by the petitioner was completed to the satisfaction of the authorities of the 3rd respondent. However, on account of lack of funds, the payment could not be made to the petitioner and that payment would be made in due course. 6. Considering the submissions that the work completed by the petitioner is not in dispute and on account of the lack of funds, the payment for the work undertaken by the petitioner could not be released, there shall be a direction to respondents 2 and 3 to verify and release the payments due payable to the petitioner within a period of four weeks. 7. With the above direction, the writ petition is disposed of. No costs. 8. Pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N BV