ALLAM MUSILI APPA RAO v. THE STATE OF ANDHRA PRADESH
WP/1692/2025 · 2025-02-10
V Sujatha
body2025
DailyLaw.ai
[ 2025 DAILYLAW 4341 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 4341 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI (Special Original Jurisdiction) MONDAY, THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 1692 OF 2025 Between: Allam Musili Appa Rao, S/o Allam Lakshman, Age 49 years, Occ Business R/o D.No. 27/276, Sri Rama Nagar, Near Durga Devi Temple, 71 Ward Gajuwaka, Visakhapatnam, PIN 530026 ...Petitioner AND
1. The State of Andhra Pradesh, rep by its Principal Secretary, Finance Department, Secretariat, Amaravathi, Guntur District. 2. The State of Andhra Pradesh, rep by its Principal Secretary, Municipal Administration Department, Secretariat, Amaravathi, Guntur District. 3. The District Collector, Visakhapatnam District at Visakhapatnam. 4. The Greater Visakhapatnam-Municipal Corporation, Visakhapatnam, Rep. by its Commissioner
5. The Engineer-in-Chief, Municipal Administration, Vijayawada, N.T.R. District. 6. The Executive Engineer, Grater Visakhapatnam Municipal Corporation Visakhapatnam. 7. The Superintending Engineer, Corporation, Visakhapatnam. Grater Visakhapatnam Municipal
...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 b§. pleased to issue a Writ, order or direction more particularly one in the nafifure of Writ of Mandamus, declaring the action of the respondents in not feteasing the admitted bills to a tune of an amount of Rs. 13,99,940/- lowards final settlement of the bill to the petitioner for the completed work laying CC Drain wall raising and widening of existing road from old ayyannapalem road to M.R.O Office Road (Nadupuru High Scholl Road) in W.No. 75 old ayyanna palem Sachivalayam (1086367) of Gajuwaka Zone - 6 of Grater Visakhapatnam Municipal Corporation, 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 ISpercent 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.
13,99,940/- towards final settlement of the bill to the petitioner for the completed work of laying CC Drain wall raising and widening of existing road from old ayyannapalem road to M.R.O Office Road (Nadupuru High Scholl Road) in W.No. 75 old ayyanna palem Sachivalayam (1086367) of Gajuwaka Zone -6 of Grater Visakhapatnma Municipal Corporation, pending disposal of the writ petition Counsel for the Petitioner: SRI P V V SATYANARAYANA Counsel for the Respondent No.1: GP FOR FINANCE AND PLANNING Counsel for the Respondents No.2, 5 to 7: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT
Counsel for the Respondent No.3: GP FOR REVENUE Counsel for the Respondent No.4: SRI A S C BOSE, STANDING COUNSEL FOR MUNICIPALITY The Court made the following: Order \
% APHC010030712025 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.1692 of 2025 Between; ...PETITIONER Allam Musili Appa Rao AND ...RESPONDENT(S) The State of Andhra Pradesh and others Counsel for the Petitioner:
1. P VV SATYANARAYAN A Counsel for the Respondent(S):
1.GP FOR REVENUE 2.GP FOR FINANCE PLANNING 3.GP MUNCIPAL ADMN AND URBAN DEV AP
4. ASC BOSE, STANDING COUNSEL The Court made the following:
2 vs,J W.P.No.l692of2025
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 particuiariy one in the nature of Writ of Mandamus, deciaring the action of the respondents in not reieasing the admitted biiis to a tune of an amount of Rs. 13,99,940/- towards finai settiement of the biii to the petitioner for the compieted work laying CC Drain wall raising and widening of existing road from old ayyannapalem road to M.R.O. Office Road (Nadupuru High School Road) in W.No.75 old ayyanna palem Sachivalayam (1086367) of Gajuwaka Zone-6 of Grater Visakhapatnam Municipal Corporation, 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% 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 Pleader for Finance & Planning representing respondent No.1, learned Government Pleader for Municipal Administration & Urban Development representing respondent Nos.2 & 5 Government Pleader for Revenue representing respondent No.3, and learned Standing Counsel representing respondent Nos.4, 6 & 7.
2. learned
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.13,99,940/- for the works executed by him, no payment is being made and such non-payment of money is clearly
3.
3 VS,J W.P.No.l692of 2025 arbitrary and unjustified and, therefore, requires interference by this Court. At the time of hearing, learned Standing Counsel for the 4th
4. respondent-corporation furnished a copy of written instructions received from the Deputy 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. However, due to error shown in CFMS login and work flow problem for administration sanction in CFMS portal, the Corporation is unable to make payment of the bill. It is further submitted that the bill is to be submitted in CFMS portal after the error is resolved. In view of the above instructions, since the bill amount claimed
5. 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.13,99,940/- (Rupees Thirteen Lakhs Ninety Nine Thousand Nine Hundred and Forty only) to the petitioner, within a period of three (3) months from the date of receipt of a copy of this
order.
I 4 VS,J W.P.No.1692 of 2025
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 shall stand closed.
Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The Principal Secretary, State of Andhra Pradesh, Finance Department, Secretariat, Amaravathi, Guntur District.
2. The Principal Secretary, State of Andhra Pradesh, Municipal Administration Department, Secretariat, Amaravathi, Guntur District.
3. The District Collector, Visakhapatnam District at Visakhapatnam.
4. The Greater Visakhapatnam Municipal Corporation, Visakhapatnam, Rep. by its Commissioner
5. The Engineer-in-Chief, Municipal Administration, Vijayawada, N.T.R. District.
6. The Executive Engineer, Grater Visakhapatnam Municipal Corporation, Visakhapatnam.
7. The Superintending Engineer, Grater Visakhapatnam Municipal Corporation, Visakhapatnam..
8. One CC to SRI P V V SATYANARAYANA Advocate [OPUC]
9. One CC to SRI A S C BOSE, Standing Counsel for Municipality, Advocate [OPUC] Two CCS to GP FOR FINANCE PLANNING, High Court of Andhra Pradesh [OUT] Two CCs to GP FOR REVENUE, High Court of Andhra Pradesh
10.
11. [OUT] Two CCs to GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, High Court of Andhra Pradesh [OUT] Three CD Copies
12.
13. gsg
HIGH COURT DATED: 10/02/2025
ORDER WP.No.1692 of 2025 V ^ A 5 0 5 MAR 2025 ^ Curront Section ^ DISPOSING THE WP WITHOUT COSTS