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2025 DAILYLAW 4306 (AP)

P.Y.Naidu v. The State of Andhra Pradesh,

WP/1726/2025 · 2025-02-03

V Sujatha

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

i - IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA^^ WRIT PETITION NO: 1726 OF 2025 o o '.i o Between: P.Y.Naidu, S/o Simhachalam, Age. 56 years, Occ: Business, R/o D.No.3-41, Chintala Gorlivani Palem, Desapathruni Palem, Parawada, Visakhapatnam. ...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, Muncipal Administration Department, Secretariat, maravathi, Guntur District. The District Collector, Visakhapatnam District at Visakhapatnam. The Greater Visakhapatnam Muncipal Corporation, Visakhapatnam, Rep. by its Commissioner The Engineer-in-Chief, Municipal Administration 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 action of the respondents in not releasing the admitted bills to a tune of an amount of Rs.8,50,703/- towards final settlement of the bill to the petitioner for the completed work of Laying of CC Road and Drain in Desapatrunipalem-01(sai Nagar Colony) in Ward No.79 of Gajuwaka Zone of GVMC, (GGMP), as illegal, |r|)itrary violative of principles of natural justice and also voilative of ^ftt^^s, 14, 19, 21 and 300-A of Constitution of India and consequently to diredfihe respondents to pay the same along with ISpercent interest per annum* and also costs and compensation lA 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 to direct the respondents to pay the admitted bills to a tune of an amount of Rs.8,50,703/- towards final settlement of the bill to the petitioner for the completed work of laying of CC roads and Drain at Desapatrunipalem -01 ( sai nagar colony ) in Ward No.79 of Gajuwaka Zone of GVMC, (GGMP) work pending disposal of the writ petition Counsel for the Petitioner: SRI P.V.V.SATYANARAYANA Counsel for the Respondent No.1: GP FOR FINANCE & PLANNING Counsel for the Respondent Nos.2 & 5: GP FOR MUNICIPAL ADMINISTRATION & URBAN DEV Counsel for the Respondent No.3: GP FOR REVENUE Counsel for the Respondent Nos. 4, 6 & 7: SRI A.S.C.BOSE, SC FOR MUNC & MUNC CORPORATION The Court made the following: ORDER \ V-JfiL. 1 APHC010030722025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY, THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 1726/2025 Between: ...PETITIONER P.Y.Naidu AND ...RESPONDENT{S) The State of Andhra Pradesh and others Counsel for the Petitioner: 1. P VV SATYANARAYANA Counsel for the Respondent(S): 1.GP FOR FINANCE PLANNING 2.GP MUNCIPAL ADMN AND URBAN DEV AP 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 a Writ, order or direction more particuiariy 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.8,50,703/- towards final settlement of the bill to the petitioner for the completed work laying of CC roads and Drain at Desapatrunipalem-01 (sai nagar colony) in Ward No.79 of Gajuwaka Zone of GVMC, (GGMP) work as illegal, arbitrary violative of principles of natural justice and also voilative of articles 14, 19, 21 and 300A 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 ’’ Heard learned counsel for the petitioner, learned Government Pleader for Finance and Planning for respondent No.1, learned Government Pleader for Municipal Administration and Urban Development for respondents No.2 and 5 and Mr.A.S.C.Bose, learned Standing Counsel for Municipal 2. Corporation. 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. 3. At the time of hearing, the learned Standing Counsel for the Municipal Corporation submitted a copy of instructions of the Executive Engineer, Zone VI, Greater Visakhapatnam Municipal Corporation, dated 30.01.2025, wherein 4. 3 it is stated that the amounts payable to the petitioner are admitted bills, and that the bill is to be submitted by the Examiner of Accounts, GVMC, to the Pay and Accounts Officer, Visakhapatnam. However, as part of the billing process, there is an error in the CFMS login and a workflow issue for administrative sanction in the CFMS Portal. Due to this reason, the Greater Visakhapatnam Municipal Corporation is unable to process the payment of the bills. It is further submitted that the bill will be submitted in the CFMS portal after the error is resolved. 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.8,50,703/- (Rupees eight lakhs fifty thousand seven hundred and three only) to the petitioner within a period of three (3) months from the date of receipt of a copy of this order. 5. 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. 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. 2. I'' 3. 4. 5. 6. 7. 8. 9. [OUT] 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. 10. 11. [OUT] One CC to Sri A.S.C.Bose, SC for MUNC & MUNC Corporation. 12. [OPUC] 13. Three CD Copies. gi \ HIGH COURT NPC DATED:03/02/2025 ORDER M 0 5 MAR 2025 Curront Section * ^ WP.No.1726of2025 DISPOSING THE WP WITHOUT COSTS