Extracted from the PDF above. The PDF is authoritative.
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APHC010037132025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 2086/2025 Between: Katragadda Rama Krishna ...PETITIONER AND The State of A.P. and others ...RESPONDENT(S) Counsel for the Petitioner:
1. V SAI KUMAR Counsel for the Respondent(S):
1. GP MUNCIPAL ADMN AND URBAN DEV AP
2. GP FOR FINANCE PLANNING The Court made the following:
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ORDER : This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:
“.... to issue an appropriate writ or order or a direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents, in non-payment of amount due to the petitioner even after finalizing the bills, payable to the petitioner in relation to the works executed by him under Construction of compound wall to Ambedkar Nagar Community Hall and providing balance CC Road to Nalluri Satyanarayana Nagar, 2nd Cross in 14th Division (MAUD-10733-29599) vide Agreement No.EE3/HIW/GGMP/No.27/2023-24 dated 14.08.2023 (Agreement Value of Rs.16,29,058/- and Supplemental Agreement No.EE/GGMP/81/2023-24dated 29.01.2024 (Value of Rs.4,35,190/-) as illegal, arbitrary, unjust, unreasonable and unconstitutional and consequently direct the respondents to consider the payment of amount due to the petitioner in respect of execution of works forthwith …...”
2. Heard learned counsel for the petitioner, learned Government Pleader for Municipal Administration and Urban Development for respondent No.1, learned Government Pleader for Finance and Planning for respondent No.2 and Mr.A.S.C.Bose, learned Standing Counsel for respondents No.3 and 4.
3.
Learned counsel for the petitioner submits that even though respondents admitted that the petitioner is entitled for payment of the aforesaid sum of money, no payment is being made and such non-payment of money is clearly arbitrary and high-handed and thereby requires interference by this Court.
4. At the time of hearing, the learned Standing Counsel for respondents No.3 and 4 produced a copy of instructions of the Commissioner, Municipal
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Corporation, Vijayawada, dated 02.02.2025, wherein it is stated that upon completion of the subject work, the bill was prepared for gross amount of Rs.17,01,267.17/-, with statutory deductions of Rs.1,65,841/- and net payment of Rs.15,35,426.28/-. The bill was uploaded in the CFMS portal vide bill ID No.2024-281951.
5. In view of the above instructions, this Court feels it appropriate to dispose of the writ petition directing the respondents to release the admitted bill amount of Rs.15,35,426/- (Rupees Fifteen lakhs thirty five thousand four hundred and twenty six only) to the petitioner within a period of three (3) months from the date of receipt of a copy of this order. However, giving liberty to the petitioner to challenge the remaining payable amount to him.
6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.
Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed.
__________________ JUSTICE V.SUJATHA Date: 05.02.2025 KGR