Extracted from the PDF above. The PDF is authoritative.
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APHC010469892024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 24230/2024 Between:
1. A.M.K. PRASAD,, S/O.VENKATESWARA RAO, AGED ABOUT 41 YEARS, R/O. 15/253, MACHAVARAM, MACHILIPATNAM, KRISHNA DISTRICT, ANDHRA PRADESH - 521 001. ...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY,
MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT
DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY,
FINANCE AND PLANNING DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI AMARAVATHI,GUNTUR DISTRICT. 3. THE DIRECTOR OF MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, GOVERNMENT OF ANDHRA PRADESH, MANGALAGIRI, GUNTUR DISTRICT. 4. THE DISTRICT COLLECTOR, KRISHNA DISTRICT, MACHILIPATNAM. 5. MACHILIPATNAM MUNICIPAL CORPORATION, REP., BY ITS COMMISSIONER, MACHILIPATNAM, KRISHNA DISTRICT. 6. THE EXECUTIVE ENGINEER, MUNICIPAL CORPORATION,
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MACHILIPATNAM. KRISHNA DISTRICT. 7. THE DY EXECUTIVE ENGINEER, MUNICIPAL CORPORATION, MACHILIPATNAM. KRISHNA DISTRICT. 8. THE MUNICIPAL ASSISTANT ENGINEER, MUNICIPAL CORPORATION, MACHILIPATNAM. KRISHNA DISTRICT. ...RESPONDENT(S): 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 tot may be pleased to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus, declare the action of the respondents in withholding amounts for work done even after completion of work and finalization of Bills payable to the petitioner in relation to the works executed by the petitioner under GadapaGadapaku Mana Prabhutvam for (i) Providing C.C. Road and Drain from Arja Kiran House Road from E.P.No.2/160 to Dasari Rambabugari House in Division-ll of Machilipatnam Municipal Corporation, for an amount of Rs.6,38,964/- vide Work ID MAUD- 1070-20424, (ii) Providing C.C. Road and Drain in Thota Seetaravammagari House Road from E.P.No.2/191 to E.P.No.2/189 in Division-ll in Machilipatnam Municipal Corporation, for an amount of Rs.6,54,921/- vide Work ID MAUD-1070-20426, (iii) Providing CC road and drain to Naga Nancharamma Temple Street from EP No 2/187 to E P No2/184 in Division No 2 of Machilipatnam Municipal Corporation, for an amount of Rs.2,79,406/- vide Work ID MAUD- 1070-20431, (iv) Providing CC Road to Ratnam School Road, beside V News in Division No 2 in Machilipatnam Municipal Corporation for an amount of Rs.
1,87,551/j- vide Work ID MAUD- 1070- 20433, totaling to an amount of Rsi 17,46,842/-, as illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India and consequently direct the respondent authorities to release the amounts with interest @ 24percent p.a. for the pending bills, forthwith for the above said works executed by the petitioner 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 may be pleasedto direct the respondents to release the pending amount with interest @ 24% p.a. in relation to the works executed by the petitioner under
“GadapaGadapaku Mana Prabhutvam” for (i) Providing C.C. Road and Drain from Arja Kiran House Road from E.P.No.2/160 to Dasari Rambabugari
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House in Division-ll of Machilipatnam Municipal Corporation, for an amount of Rs.6,38,964/- vide Work ID: MAUD-1070-20424, (ii) Providing C.C. Road and Drain in Thota Seetaravammagari House Road from E.P.No.2/191 to E.P.No.2/189 in Division-ll in Machilipatnam Municipal Corporation, for an amount of Rs.6,54,921/- vide Work ID: MAUD-1070-20426, (iii) Providing CC road and drain to Naga Nancharamma Temple Street from EP No 2/187 to E P No2/184 in Division No 2 of Machilipatnam Municipal Corporation, for an amount of Rs.2,79,406/- vide Work ID: MAUD-1070-20431, (iv) Providing CC Road to Ratnam School Road, beside V News in Division No 2 in Machilipatnam Municipal Corporation for an amount of Rs.1,87,551/- vide Work ID: MAUD-1070-20433, totaling to an amount of Rs.17,46,842/-, pending disposal of writ petition and pass Counsel for the Petitioner:
1. AKULA VAMSI KRISHNA Counsel for the Respondent(S):
1. GP FOR MUNCIPAL ADMN URBAN DEV
2. GP FOR FINANCE PLANNING
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THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 24230 of 2024 ORDER:
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The petitioner is aggrieved by the action of the respondents in withholding amounts for work done even after completion of work and finalization of Bills payable to the petitioner in relation to the works executed by the petitioner under GadapaGadapaku Mana Prabhutvam for i) Providing C C Road and Drain from Arja Kiran House Road from E P No.2/160 to Dasari Rambabugari House in Divisionll of Machilipatnam Municipal Corporation for an amount of Rs.6,38,964/- vide Work ID MAUD-1070-20424 ii) Providing C C Road and Drain in Thota Seetaravammagari House Road from E P.No 2/191 to E P No.2/189 in Division-II in Machilipatnam Municipal Corporation, for an amount of Rs.6,54,921/- vide Work ID:MAUD-1070-20426 iii) Providing CC road and drain to Naga Nancharamma Temple Street from EP No.2/187 to EP No.2/184 in Division No.2 of Machilipatnam Municipal Corporation for an amount of Rs.2,79,406/- vide Work ID:MAUD-1070-20431 iv) Providing CC Road to Ratnam School Road beside V News in Division No.2 in Machilipatnam Municipal Corporation for an amount of Rs.1,87,551/- vide Work ID:MAUD-1070-20433 totaling to an amount of Rs.17,46,842/-. 2. The learned counsel further submits that the petitioner duly executed all the works and thereafter submitted final bills. It is submitted that the final bills were duly endorsed by the competent authority. A statement detailing the works executed by the petitioner was prepared, progress of
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the work was recorded in the M-book and the final quality certificates were also issued in confirmation of due completion. 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 the work undertaken. 5.
Considering the submissions, respondents are hereby directed to verify and release the payments due payable to the petitioner as expeditiously as possible preferably within a period of six (06) weeks from the date of receipt of a copy of this order. 6. Accordingly, the writ petition is disposed of. No costs. Pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date:25.09.2025 NKA
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286 THE HONOURABLE SRI JUSTICE HARINATH.N
WRIT PETITION NO: 24230 of 2024 Date: 25.09.2025
NKA