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2025 DAILYLAW 46341 (AP)

Sri M.bhaskar, v. The State of Andhra Pradesh,

WP/16487/2025 · 2025-09-09

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010322202025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 16487/2025 Between: 1. SRI M.BHASKAR,, S/O.VENKAIAH, AGED ABOUT YEARS R/O. D.NO.5/100, SC NO.890, PATHA KUCHIPUDIPALLI MAIN ROAD, KANIGIRI, PRAKASAM DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 3. THE STATE OF ANDHRA PRADESH, REP BY ITS SPECIAL CHIEF SECRETARY TO THE GOVERNMENT HOUSING DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 4. THE ANDHRA PRADESH STATE HOUSING CORPORATION LIMITED, REP. BY ITS MANAGING DIRECTOR, PLOT NO.11 AND 12, BEHIND BSNL TELEPHONE EXCHANGE, AUTO NAGAR, VIJAYAWADA. 5. THE DISTRICT COLLECTOR, PRAKASAM DISTRICT, ONGOLE. 6. THE PROJECT DIRECTOR HOUSING, ONGOLE, PRAKASAM DISTRICT. 2 7. THE SUPERINTENDING ENGINEER, PUBLIC HEALTH CIRCLE, NELLORE. 8. THE EXECUTIVE ENGINEER, PUBLIC HEALTH DIVISION, ONGOLE, PRAKASAM 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 tomay be pleased to issue an appropriate writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the respondent authorities in not releasing an amount of Rs. 5,00,000/- to the petitioner for the execution of works, Vide Agreement No. 62/2020- 21 dated 10-02-2021, respectively as arbitrary, illegal, contrary to Law and against the Principles of Natural Justice and against the Norms of the Public Policy and to issue consequential direction directing the respondent authorities to release the amounts payable to the petitioner with an interest at 18percent per annum and to 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 may be pleased 9 to direct the respondent authorities to release an amount of Rs. 5,00,000/- to the petitioner for the execution of work. Vide Agreement No.62/2020-21 dated 10-02-2021, respectively, pending disposal of the above writ petition and to pass IA NO: 2 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 may be pleased to amend the prayer in the W. P. No. 16487 of 2025, in I.A. No. 1 of 2025 and in the para no. 3 and 8 of the above-mentioned W. P. No. 16487 of 2025 as “Rs. 15,84,848” instead of “Rs. 5,00,000” and to pass Counsel for the Petitioner: 1. VENKAT SAILENDRA G Counsel for the Respondent(S): 1. KALYAN CHAKRAVARTHY R 3 2. GP FOR REVENUE 3. GP MUNCIPAL ADMN AND URBAN DEV AP 4. GP FOR FINANCE PLANNING 5. GP FOR HOUSING The Court made the following: 4 ORDER:- Learned counsel for the petitioner submits that the petitioner has executed works entrusted by the respondents, vide Agreement 62/2020-21, dated 10.02.2021 and submitted the final bills. It is submitted that the competent authority has recorded the progress of the works and certified the same in the M-Book. It is further submitted that an amount of Rs.5,00,000/- is due and payable by the respondents to the petitioner. Though the progress of the works was recorded in the M-Book, no amount has been forthcoming. 2. Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Municipal Administration and Urban Development; the learned Assistant Government Pleader for Finance & Planning, and the learned Standing Counsel for the respondent Municipality. 3. The learned Assistant Government Pleader appearing for respondent No.8 has filed a counter affidavit and submits that the bills are due and payable to the petitioner and admitted the liability. 4. Considering the submissions, the respondents are hereby directed to verify and release the payments due payable to the petitioner as expeditiously as possible preferably within a period of four (04) weeks from the date of receipt of a copy of this order. 5 5. Accordingly, the Writ Petition is disposed off. No costs. Pending miscellaneous petitions, if any, shall stand closed. ____________________ JUSTICE HARINATH.N Dt: 10.09.2025 SR