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2025 DAILYLAW 4303 (AP)

Gurrala Appa Rao v. The State of Andhra Pradesh,

WP/1667/2025 · 2025-02-10

V Sujatha

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE T PRESENT •u o / THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 1667 OF 2025 Between: Gurrala Appa Rao, S/o G.Appanna, Age: 69 years, Occ: Business, R/o D.No. 27-8-236, Sri Rama Nagar, Near Durga Devi Temple, Gajuwaka, Visakhaptnam-530026. ...PETITIONER AND The State of Andhra Pradesh, rep by its Principal Secretary, Finance Department, Secretariat, Amaravathi, Guntur District. The State of Andhra Pradesh, rep by its Principal Secretary, Municipal Administration Department, Secretariat, Amaravathi, Guntur District. The District Collector, Visakhapatnam District at Visakhapatnam. The Greater Visakhapatnam Municipal Corporation, Visakhapatnam, Rep. by its Commissioner. The Engineer-in-Chief, Municipal Adiministration Vijayawada, N.T.R. District. The Executive Engineer, Grater Visakhapatnam Municipal Corporation Visakhapatnam. The Superintending Engineer, Grater Visakhapatnam Municipal Corporation, Visakhapatnam. 1. 2. 3. 4. 5. 6. 7. ...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, order or direction more particularly one in the \, nature of WRIT OF MANDAMUS, declaring the not releasing the admitted bills to towards final settlement of the bill to laying of CC Road and CC Drain action of the respondents in a tune of an amount of Rs. 17,17 701/- the petitioner for the completed work at Lankelapalem, BC Colony, Karrivani Veedhi, Karanamveedhi in Ward No.79 in Zone-VI violative of Principles of natural justice and 21 and 300-A of Constitution as illegal, arbitrary also voilative of Articles 14 19. of India and consequently to direct the respondents to pay the same along with 18% interest per annum and also costs and compensation. jA NO: 1 OF Petition under Section 151 CPC stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to praying that in the circumstances pay the admitted bills to a tune of an amount of Rs.17,17,701/- towards final settlement of the for the completed work of laying of CC Road BC Colony, Karrivani Veedhi. Karanamveedhi bill to the petitioner & CC Drain at Lankelapalem in Ward No.79 in Zone-VI pending disposal of the Writ Petition. Counsel for the Petitioner: SRI P.V.V.SATYANARAYANA Counsel for the Respondent No.1: Counsel for the Respondent Nos.2 & 5: GP FOR FINANCE & PLANNING GP FOR MUNICIPAL ADMINISTRATION & URBAN DEV Counsel for the Respondent No.3: Counsel for the Respondent Nos. 4, 6 & GP FOR REVENUE 7: SRI A.S.C.BOSE, SC FOR MUNC & MUNC CORPORATION The Court made the following; ORDER ’ % APHC010030512025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] r MONDAY, THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION No.1667 of 2025 Between: Gurrala Appa Rao ...PETITIONER AND The State of Andhra Pradesh and others ...RESPONDENT(S) Counsel for the Petitioner: 1.P.V.V. SATYANARAYANA Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR MUNCIPAL ADMN & URBAN DEV 3. GP FOR FINANCE & PLANNING 4. A.S.C. BOSE, STANDING COUNSEL The Court made the following: 2 VS,J W.P.No.1667of 2025 ORDER: This writ petition, under Article 226 of the Constitution of India is filed seeking the following relief: ‘‘..to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in not releasing the admitted bills to a tune of an amount of Rs. 17,17,701/- towards final settlement of the bill to the petitioner for the completed work laying of CC Road & CC Drain at Lankelapalem, BC Colony, Karrivani Veedhi, Karanamveedhi in Ward No.79 in Zone-VI as illegal, arbitrary, violative of principles of natural justice and also violative of articles 14, 19, 21 and 300-A of Constitution of India and consequently to direct the respondents to pay the same along with 18% interest per annum and also costs and compensation and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case. ” Heard learned counsel for the petitioner, learned Government 2. Pleader for Finance & Planning representing respondent No.1 learned Government Pleader for Municipal Administration & Urban Development representing respondent Nos.2 & 5, learned Government Pleader for Revenue representing respondent No.3, and learned Standing Counsel representing respondent Nos.4, 6 & 7. Learned counsel for the petitioner submits that even though the respondents admitted that the petitioner is entitled for payment of the aforesaid sum of Rs.17,17,701/- for the works executed by him, no payment is being made and such non-payment of money is clearly arbitrary and unjustified and, therefore, requires interference by this 3. Court. 3 vs,j W.P.No.1667of 2025 4. At the time of hearing, learned Standing Counsel for the respondent-corporation furnished a copy of written instructions received from the Executive Engineer, Zone-VI of the Corporation, wherein it is stated that the amount payable to the petitioner is an admitted bill and after completion of the work by the petitioner, the bill was recommended and sent to the Examiner of Accounts, GVMC, to be further submitted to the Pay & Accounts Officers, Visakhapatnam, and as part of process, the bill was uploaded in CFMS portal. 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 the admitted bill amount of Rs. Rs.17,17,701/- (Rupees Seventeen Lakhs Seventeen Thousand Seven Hundred and One only) to the petitioner, within a period of three (3) months from the date of receipt of a copy of this order. 5. With the above direction, the Writ Petition is disposed of. No order as to costs. 6. Interlocutory applications, if any, pending in this writ petition shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// % SECTION OFFICER To, 1. The Principal Secretary, Finance Department, State of Andhra Pradesh Secretariat, Velagapudi, Amaravathi, Guntur District. % The Principal Secretary, Municipal Administration Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District. The District Collector, Visakhapatnam District at Visakhapatnam. The Commissioner, Greater Visakhapatnam Municipal Corporation, Visakhapatnam. The Engineer-in-Chief, Municipal Adiministration Vijayawada, N.T.R. District. The Executive Engineer, Grater Visakhapatnam Municipal Corporation, Visakhapatnam. The Superintending Engineer, Grater Visakhapatnam Municipal Corporation, Visakhapatnam. One CC to Sri P.V.V.Satyanarayana, Advocate [OPUC] Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh. [OUT] 2. 3. 4. 5. 6. 7. 8. 9. 10. Two CCs to GP for Municipal Administration & Urban Development, High Court of Andhra Pradesh. [OUT] Two CCs to GP for Revenue, High Court of Andhra Pradesh. 11. [OUT] 12. One CC to Sri A.S.C.Bose, SC for MUNC & MUNC Corporation. [OPUC] 13. Three CD Copies. gi HIGH COURT DATED: 10/02/2025 ORDER WP.No.1667 of 2025 o\ X 0 5 MAR 20?5 mi Co ^ Curreni secupn DISPOSING OF THE WRIT PETITION WITHOUT COSTS