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2025 DAILYLAW 46682 (AP)

CHUKKALURU RAMESH BABU v. THE STATE OF ANDHRA PRADESH

WP/15758/2025 · 2025-09-11

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010273632025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY,THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 15758/2025 Between: 1. CHUKKALURU RAMESH BABU, S/O C.ANJANEYULU AGED 48 YEARS, OCC CONTRACTOR, DR.NO.18/354-2, MARKET STREET, DHARMAVARAM, SRI SATYA SAI DISTRICT (FORMERLY ANANTHAPURAM DISTRICT) ANDHRA PRADESH-515671 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS VELAGAPUDI, AMARAVATHI. 3. THE COMMISSIONER AND DIRECTOR, MUNICIPAL AND URBAN DEVELOPMENT DEPARTMENT GOVERNMENT OF ANDHRA PRADESH, 3,4,5 FLOORS, PRIME HILL CREST, VADDESWARAM, GUNTUR DISTRICT. 4. THE DISTRICT COLLECTOR, SRI SATYA SAI DISTRICT, (FORMERLY ANANTHAPURAM DISTRICT.) 5. THE DHARMAVARAM MUNICIPALITY, REP BY ITS COMMISSIONER, DHARMAVARAM, SRI SATYA SAI DISTRICT (FORMERLY ANANTHAPURAM DISTRICT) 2 6. THE EXECUTIVE ENGINEER, DHARMAVARAM MUNICIPALITY, SRI SATYA SAI DISTRICT. (FORMERLY ANANTHAPURAM DISTRICT) 7. THE DY EXECUTIVE ENGINEER, DHARMAVARAM MUNICIPALITY, SRI SATYA SAI DISTRICT, (FORMERLY ANANTHAPURAM DISTRICT) 8. THE ASSISTANT ENGINEER, DHARMAVARAM MUNICIPALICY, SRI SATYA SAI DISTRICT, (FORMERLY ANANTHAPURAM 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 to pleased to issue a writ order or direction, more particularly one in the nature of writ of Mandamus, declaring the action of the respondent authorities in withholding the admitted amounts even after finalizing the bills, payable to the petitioner in relation to the two works of laying of CC Roads and drainage works for a total amount of Rs.21,91,536/- (Rupees Twenty One Lakhs Ninety one thousand five hundred and thirty six only) under Gadapa Gadapaki Mana Prabhutwam funds for the FY 2023-2024, as the same is illegal, arbitrary and violation of principles of natural justice and violation of Article 14, 19 and 21 of the Constitution of India consequently direct the respondents to release of admitted amount Rs.21,91,536/- (Rupees Twenty One Lakhs Ninety one thousand five hundred and thirty six only) with interests to the petitioner firm 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 pleased to direct the respondents to consider for payment of Final Bill Rs.21,91,536/- (Rupees Twenty One Lakhs Ninety one thousand five hundred and thirty six only) forthwith, pending disposal of the main writ petition pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. DASARI S V V S V PRASAD Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV 2. GP FOR FINANCE PLANNING The Court made the following: 3 ORDER: The learned counsel for the petitioner submits that the petitioner was awarded two works, vide Agreement Nos.618/2023-24, dated 28.12.2023 and 525 of 2023-24, dated 14.11.2023. 2. The learned counsel further submits that the petitioner duly executed the works and thereafter submitted final bills for an amount of Rs.21,91,536/-. It is submitted that the said final bills were duly endorsed by the competent authority. A statement detailing the works executed by the petitioner was prepared, and the progress of the works was recorded in the M-book. It is submitted that the bills were also uploaded in the CFMS Portal. 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 & Urban Development, the learned Standing Counsel for the Municipality and the learned Assistant Government Pleader for Finance and Planning. 4. During the course of hearing, the learned Standing Counsel appearing for the Municipality does not dispute the submissions made by the petitioner with respect to the completion of works undertaken. 4 5. Considering the submissions, the concerned 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 off. No order as to costs. Pending interlocutory applications, if any, shall stand closed. ______________________ JUSTICE HARINATH.N Date : 12.09.2025 SR