Extracted from the PDF above. The PDF is authoritative.
APHC010453522024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 23942/2024 Between:
1. M R D PRASADA RAO, M.R.D PRASADA RAO S/O VENKATA CHALAPATHI RAO, AGED ABOUT 70 YEARS, OCC CONTRACTOR, R/O FLAT NO. 503, VASISTA ENCLAVE, KANURU, KRISHNA DISTRICT -520007
...PETITIONER AND
1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPT. SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, , VADDESWARAM, MANGALAGIRI BYPASS, GUNTUR DISTRICT
3. THE MACHILIPATNAM MUNICIPAL CORPORATION, REPRESENTED BY ITS COMMISSIONER, MACHILIPATNAM, KRISHNA DISTRICT
4. THE MUNICIPAL ENGINEER, MACHILIPATNAM MUNICIPAL CORPORATION, MACHILIPATNAM, KRISHNA DISTRICT
5. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. ...RESPONDENT(S):
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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 topleased to issue a WRIT OF MANDAMUS declaring the action of the Respondents herein, in withholding the payment of lst and final bills of Rs. 8,79,311/- and Rs. 4,50,163/- even after finalizing the bills payable to the petitioner in relation to the works i.e., l)Construction of Pumpsets Shed and Supply and Fixing of Panal Board to 3 X 75 HP Pumpsets at Head Water Works in Machilipatnam Municipal Corporation and 2) Replacement of UP 150/38 pump set and motor with SEP 125-440 HA pump sets in 3.50 MGD Clear Water pump house at Head Water Works in Machilipatnam Municipal Corporation vide Agreement No.297/MGF/2020- 21, dt. 23.09.2020 respectively, is questioned, as the same is illegal and arbitrary and consequently direct the respondents to consider for payment of lst and final bills of Rs. 8,79,311/- and Rs.
4,50,163/- with an interest @24 percen per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work., forthwith and pass IA NO: 1 OF 2024 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 consider for payment of l^t 85 final bills of Rs.8,79,311/- and Rs.4,50,163/- with regard to the completion of works i.e., l)“Construction of Pumpsets Shed and Supply and Fixing of Panal Board to 7 3 X 75 HP Pumpsets at Head Water Works in Machilipatnam Municipal Corporation and 2) Replacement of UP 150/38 pump set and motor with SEP 125-440 HA pump sets in 3.50 MGD Clear Water pump house at Head Water Works in Machilipatnam Municipal Corporation vide Agreement NO.297/MGF/2020-21, dt. 23.09.2020” with an interest@24% per annum for the delayed amount to the petitioner, pending disposal of the Writ Petition and pass Counsel for the Petitioner:
1. SURESH KUMAR REDDY KALAVA Counsel for the Respondent(S):
1. J DILEEP KUMAR
2. GP MUNCIPAL ADMN AND URBAN DEV AP
3. GP FOR FINANCE PLANNING The Court made the following:
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THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 23942/2024
ORDER :
Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Finance and the learned Standing Counsel for the respondent-corporation.
2.
Learned counsel for the petitioner submits that the petitioner has completed the works under Agreement No.297/MGF/2020-21, dt.23.09.2020 entrusted by the respondent-Corporation, and has submitted the final bills.
3. It is submitted that the amount which is due and payable by the respondent-Corporation to the petitioner on account of the completion of the aforesaid works. However, the said amount has not been paid.
4. Considering the submissions, there shall be a direction to the respondents to verify and release the payments as expeditiously as possible preferably within a period of six weeks from the date of receipt of a copy of this
order.
5. Accordingly, this Writ Petition is disposed off. There shall be no order as to costs.
As a sequel, miscellaneous petitions pending, if any, shall stand closed.
____________________ JUSTICE HARINATH.N Dt.28.07.2025 KGM
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THE HONOURABLE SRI JUSTICE HARINATH.N
WRIT PETITION NO: 23942/2024 Dated 28.07.2025
KGM