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2025 DAILYLAW 4337 (AP)

P Y NAIDU v. THE STATE OF ANDHRA PRADESH

WP/1855/2025 · 2025-02-03

V Sujatha

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATL- (Special Original Jurisdiction) MONDAY, THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA^ WRIT PETITION NO: 1855 OF 2025 ^ 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 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 22^oi 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.8,79,276/- towards final settlement of the bill to the petitioner for the completed work of Laying of CC road and Drain at Desapatrunipalem-02 in Ward No.79 of Gajuwaka Zone of GVMC, (GGMP), 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. 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.8,79,276/- towards final settlement of the bill to the petitioner for the completed work of Laying of CC road and Drain at Desapatrunipalem-02 in Ward No.79 of ajuwaka Zone of GVMC, (GGMP), 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 to 7: GP FOR MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT Counsel for the Respondent No.4: SRI A.S.C.BOSE, SC FOR MUNC & MUNC CORPORATION The Court made the following: ORDER 1 APHC010030662025 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: 1855/2025 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: f 2 m 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 particulariy 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.8,79,276/- towards final settlement of the bill to the petitioner for the completed work of laying of CC road and Drain at Desapatrunipalem-02 in Ward No. 79 of Gajuwaka Zone of GVMC, (GGMP), 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 along with 18% Interest per annum and also costs and compensation.... ” same 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 and learned Standing Counsel for Municipal Corporation. 2. 3. 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 interference by this Court. requires 4. At the time of hearing, the learned Standing Counsel for Municipal Corporation submitted a copy of instructions of the Executive Engineer, Zone VI, Greater Visakhapatnam Municipal Corporation, dated 30.01.2025, wherein ▼ 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 OEMS login and a workflow issue for administrative sanction in the OEMS 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 CEMS portal after the error is resolved. In view of the above instructions, since the bill amount claimed by the 5. petitioner is an admitted bill, this Court feels it appropriate to dispose of the writ petition directing the respondents to release amount of Rs.8,79,276/- (Rupees eight lakhs seventy nine thousand two hundred and seventy six only) to the petitioner within a period of three (3) months from the date of receipt of a copy of this order. Accordingly, the Writ Petition is disposed of. There shall be no order as 6. to costs. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed. Sd/- M.RAMESH BABU DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Finance Department, State of Andhra Prades Secretariat, Amaravathi, Guntur District. 2. The Principal Secretary, Municipal Administration Department, State of Andhra Pradesh Secretariat, Amaravathi, Guntur District. 3. The District Collector, Visakhapatnam District at Visakhapatnam. 4. The Commissioner, Greater Visakhapatnam Municipal Corporation, Visakhapatnam. 5. The Engineer-in-Chief, Municipal Adiministration Vijayawada, N.T.R. District. 6. The Executive Engineer, Grater Visakhapatnam Municipal Corporatioru. Visakhapatnam. 7. The Superintending Engineer, Grater Visakhapatnam Municipal(^ Corporation, Visakhapatnam. 8. One CC to Sri P.V.V.Satyanarayana, Advocate [OPUC] 9. Two CCs to GP for Finance & Planning, High Court of Andhra P^desh. [OUT] 10. Two CCs to GP for Municipal Administration & Urban Development, High Court of Andhra Pradesh. [OUT] One CC to Sri A.S.C.Bose, SC for MUNC & MUNC CorporatiorfT^ 11. [OPUC] 12. Three CD Copies. gi HIGH COURT DATED:03/02/2025 ORDER WP.No.1855 of 2025 X 0 ^ MAR 2025 | ^ . Current Section DISPOSING OF THE WRIT PETITION WITHOUT COSTS