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2025 DAILYLAW 47472 (AP)

SOKE RADHA v. THE STATE OF AP

WP/20943/2024 · 2025-09-23

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 APHC010406942024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 20943/2024 Between: 1. SOKE RADHA, DNO. 4-7-215-2, 3RD LANE, SBI COLONY, PULIVENDULA, YSR KADAPA DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REPRESENTED BY ITS. PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, SECRETARIAT,VELAGAPUDI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI GUNTUR DISTRICT. 3. THE MUNICIPALCOMMISSIONER, PULIVENDULA, YSR KADAPA DISTRICT. 4. THE EXECUTIVE ENGINEER, PUBLIC HEALTH, YSR KADAPADISTRICT. 5. THEMUNICIPAL ENGINEER, PULIVENDULA, YSR KADAPA DISTRICT. 6. THE DEPUTY EXECUTIVE ENGINEER, PULIVENDULA MUNICIPALITY, PULIVENDULA, YSR KADAPA DISTRICT. 7. THE ENGINEER IN CHIEF, PUBLIC HEALTH, AND MUNICIPALENGINEERING DEPARTMENT, TADEPALLI, GUNTUR. 2 8. THE PAY AND ACCOUNTS OFFICER, WORKS AND ACCOUNTS, D.NO.29-2-52, MANASA COMPLEX,RAMAMANDIRAM STREET, GOVEMORPET, VIJAYAWADA, ...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 topleased to issue order, writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not releasing the bill amount of Rs 1,27,58,492/- to the petitioner including interest for the work 1) Construction of Muncipal Shopping Complex in Pulivendula Muncipality (Package -2). in pursuance of Agreement with the 3rd respondent Vide Agreement No. 74/2023-24, dated 26-09-2023, as being illegal, arbitrary, violation of principles of natural justice and Unconstitutional and consequently direct the respondents to pay undisputed bill amount of Rs 1,27,58,492/- to the petitioner including interest for the work in pursuance of Agreement with the 3rd respondent Vide Agreement No. 74/2023-24, dated 26-09-2023, and to 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 pleased to direct the respondents to release undisputed final bill amount of Rs 1,27,58,492/- to the petitioner rd including interest for the works in pursuance of Agreement with the 3 rd respondent Vide Agreement Nos. 74/2023-24, dated 26-09-2023, pending disposal of the writ petition and pass Counsel for the Petitioner: 1. GANIPAY SUNEEL KUMAR Counsel for the Respondent(S): 1. N RANGA REDDY (SC MC RSEEMA SPSR NLR) 2. GP MUNCIPAL ADMN AND URBAN DEV AP 3. GP FOR FINANCE PLANNING 3 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 20943 of 2024 ORDER: 1. The petitioner is aggrieved by the action of the respondents in not releasing the bill amount of Rs.1,27,58,492/- to the petitioner including interest for the work 1) Construction of Municipal Shopping Complex in Pulivendula Municipality (Package-2) in pursuance of Agreement with the 3rd respondent Vide Agreement No 74/2023-24 dated 26.09.2023. 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 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. 4 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 eight (08) 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:24.09.2025 NKA 5 379 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 20943 of 2024 Date: 24.09.2025 NKA