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High Court of Andhra Pradesh · body
2025 DAILYLAW 4312 (AP)
Gurrala Appa Rao v. The State of Andhra Pradesh,
WP/1688/2025 · 2025-02-10
V Sujatha
body2025
[ 2025 DAILYLAW 4312 (AP) · dailylaw.ai ]
[ 2025 DAILYLAW 4312 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
I 4 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE * PRESENT Q THE HONOURABLE SMT JUSTiCE V.SUJATHA WRIT PETITION NO: 1688 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, Muncipal 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 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.8,73,508/- towards final settlement of the bill to the petitioner for the completed work laying o^ CC Flooring at Danappathalli Temple in Duggapuvanipale m Ward- S7, ©VMC, Gajuwaka, Zone-VI as illegal, arbitrary violative of principles of natural justice and also voilative 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 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.8,73,508/- towards final settlement of the bill to the petitioner for the completed work of laying of CC Flooring at Danappathalli Temple in Duggapuvani palem Ward-87, GVMC, Gajuwaka, Zone-VI 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 ■h The Court made the following:
ORDER
APHC010030582025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY, THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION No.1688 of 2025 Between: Gurrala Appa Rao ...PETITIONER AND The State of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
1. P VV SATYANARAYANA Counsel for the Respondent{S):
1.GP FOR REVENUE 2.GP FOR FINANCE PLANNING
3. GP MUNCIPAL ADMN. AND URBAN DEV.
4. ASC BOSE, STANDING COUNSEL The Court made the following:
2 VS,J W.P.No.1688 of 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. 8,73,508/- towards final settlement of the bill to the petitioner for the completed work laying of CC Flooring at Danappathalli Temple in Duggapuvanipalem Ward-87, GVMC, Gajuwaka, 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
3. respondents admitted that the petitioner is entitled for payment of the aforesaid sum of Rs.8,73,508/- 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 Court.
3 VS,J P V W.P.No.1688 of 2025 At the time of hearing, learned Standing Counsel for the 4 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 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.
4. was In view of the above instructions, since the bill amount claimed by the petitioner is an admitted bill, this Court feels it appropriate to of the writ petition, directing the respondents to release the
5. dispose admitted bill amount of Rs.8,73,508/- (Rupees Eight Lakhs Seventy Three Thousand Five Hundred and Eight only) to the petitioner, within a period of three (3) months from the date of receipt of a copy of this
order.
6. With the above direction, the Writ Petition is disposed of. No
order as to costs. Interlocutory applications, if any, pending in this writ petition Sd/- K. TATA RAO deputy registrar shall stand closed. f ^ SECTION OFFICER //TRUE COPY// To, Principal Secretary, Finance Department, State of Andhra Pradesh,
1. The Secretariat, Velagapudi, Amaravathi, Guntur District.
V L 1^- ✓ 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]
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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.
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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 andh^:!^^ X 0 5 MAR ?(W WP.No.1688 of 2025 mi COf O^ Curreni oecuon ^7 V^Oe8PATC»^^ DISPOSING OF THE WRIT PETITION WITHOUT COSTS