Extracted from the PDF above. The PDF is authoritative.
APHC010597372025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
WRIT APPEAL NO: 1230 of 2025 Bench Sr.No:-27 [3552] The Commissioner, Adoni Municipality ...Appellant Vs. N. Rajendra Prasad and others ...Respondents ********** Advocate for Appellant: Mr. D. Srinivas, Ld. Advocate General Advocates for Respondents: Mr. Mahadeva Kanthrigala, Mr. Komma Vijaya Raj Kumar
CORAM : THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE CHALLA GUNARANJAN DATE : 25th November, 2025.
P C :
The present Writ Appeal has been preferred against the judgment and
order dated 09.07.2025, passed in W.P.No.18545 of 2025.
2. By virtue of the judgment and order impugned, directions have been issued to the appellant herein to release the payments for the works executed by the petitioner as was certified by the competent authority in the Measurement Book.
3. It is asserted by learned Advocate General that the statement made by the Standing Counsel appearing before the learned Single Judge was limited to expressing his willingness to pay the bills for the 8finished items of work9 and not for the unfinished items of work, whereas the learned Single Judge proceeded to record and order that payment be made for the 8works executed by the petitioner as certified by the competent authority in the Measurement Book9.
2 HCJ & CGRJ WA_1230_2025
4. Learned Advocate General has tried to emphasize the point that the terms and conditions of the Agreement are such that the payment is envisaged to be made only for the finished items of work and not for the items of work which have simply been entered into the Measurement Book. It is also stated that the petition was disposed of at the admission stage without affording any opportunity of filing a detailed counter.
5. Having heard learned counsel for the parties, we are of the opinion that, it may be necessary to go into the terms and conditions of the Agreement to resolve the issue, and for that, a detailed counter would be necessary. Accordingly, the matter is relegated to the learned Single Judge for
consideration afresh.
6. Be that as it may, this Writ Appeal is allowed, judgment and order impugned is set aside. Registry to list W.P.No.18545 of 2025, before the learned Single Judge having Roster after four weeks. The appellant is at liberty to file a detailed counter-affidavit, if so advised, within a period of four weeks from today.
No costs. Pending miscellaneous applications, if any, in this case, shall stand closed.
DHIRAJ SINGH THAKUR, CJ.
CHALLA GUNARANJAN, J. SSN