Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 43305 (AP)

MAHADASU RAMBABU v. THE STATE OF ANDHRA PRADESH

WP/28741/2025 · 2025-10-16

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010552772025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY,THE SEVENTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 28741/2025 Between: 1. MAHADASU RAMBABU, S/O- VEERRAJU, AGED-60, R/O- D.NO.2-2- 16, RTC BUS COMPLEX BACK SIDE, AGRAHARAM, PITHAPURAM, KAKINADA DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPT, OF MUNICIPAL ADMINISTRATION ANDURBAN DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT 3. THE COMMISSIONER AND DIRECTOR, DEPT, OF MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT VADDESWARAM, GUNTUR DISTRICT. 4. THE DISTRICT COLLECTOR, KAKINADA, KAKINADA DISTRICT. 5. THE PITHAPURAM MUNICIPALITY, REP. BY ITS COMMISSIONER, PITHAPURAM, KAKINADA DISTRICT. ...RESPONDENT(S): 2 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 pleased to issue a writ, order or direction more particularly one in the nature of Mandamus declaring the action of the Respondents in withholding the payment of amount of Rs. 53,50,089/- (Rupees Fifty Three Lakh Fifty Thousand Eighty Nine only) in relation to 12 works performed by petitioner under Gadapa Gadapadaku Mana Prabhutvam Program, Pithapuram Municipality as illegal, arbitrary and violative of Article 14 and 21 of the Constitution of India apart from Principles of Natural Justice and consequently direct the respondents to forthwith disburse the amount of Rs. 53,50,089/- (Rupees Fifty Three Lakh Fifty Thousand Eighty Nine only) with interest @24percentage per annum to the petitioner in respect of above- mentioned work 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 please to direct the respondents to forthwith release the payment of Rs. 53,50,089/- (Rupees Fifty Three Lakh Fifty Thousand Eighty Nine only) in respect of execution of 12 works under Gadapa Gadapadaku Mana Prabhutvam Program, Pithapuram Municipality pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. P VIVEK Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP 2. GP FOR FINANCE PLANNING The Court made the following: 3 ORDER:- The learned counsel for the petitioner submits that the petitioner has awarded the 12 works under Gadapa Gadapaku Mana Prabhutvam Program, Pithapuram Municipality under Agreement Nos.160/2023-24, 158/2023-24, 159/2023-24, 161/2023-24, 19/2023-24, 18/2023-24, 21/2023-24, 17/2023-24, 20/2023-24, 26/2023-24 and 139/2023-24. 2. The learned counsel further submits that the petitioner duly executed the work and thereafter submitted final bills for an amount of Rs.53,50,089/-. It is submitted that the said final bills were duly endorsed by the competent authority. A statement detailing the works executed by the petitioner was prepared and the progress of the works was recorded in the M-book. However, in spite of the completion of all procedural formalities, the payment towards the completed works 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. 4 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 eight (08) 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: 17.10.2025 SR