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2025 DAILYLAW 48203 (AP)

M SUDHAKAR v. THE STATE OF ANDHRA PRADESH

WP/25013/2025 · 2025-09-15

Harinath N

body2025

Judgment text

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APHC010485452025 IN THE HIGH COURT OF ANDHRA PRADESH ^ AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 25013 OF 2025 & lO \ >r JIP. H Between: M. Sudhakar, S/o. Subba Rayudu R/o Nandyal town. Nandyal District Aged about 50, years. Occ; Contractor ...PETITIONER AND 1. The State of Andhra Pradesh, Municipal Administration Represented by its Principal Secretary, and Urban Development Department. Secretariat Buildings, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh. 2. The State of Andhra Pradesh, Rep, by its Principal Secretary, Finance Department, Secretariat buildings, Velagapudi, Amaravathi, Guntur District. Andhra Pradesh. 3. The District Collector, Nandyal, Nandyal District, 4. The Nandyal Municipality, Rep. by its Commissioner, Nandyal, Nandyal District, Andhra Pradesh. 5. The Executive Engineer. District. Andhra Pradesh. 6. The Deputy Executive Nandyal District, Andhra Pradesh Nandyal Municipality, Nandyal, Nandyal Engineer, Nandyal Municipality, Nandyal, ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the in the affidavit filed therewith, the High Court an appropriate writ, order or Direction circumstances stated i pleased to issue may be more particularly one in the nature of Writ of Mandamus, releasing the 1 and Final declaring the action of respondents in not (Nine lakhs six bill amount of Rs.9,06,132/- .. only ) which is admittedly due to the peMioner despite the successful completion of work in terms of the ~t NO. 416/2023-2024 dated 05.02.2024 for the work of Providing CC Road from D.No.28/1052-122.D1 to D.No.28/1052-116-A2 AND Digital D.No. 0 . O.28/1052-103-B-1 at Deva Nagar in Ward No.27 i Municipality Under GGMP thousand and in Nandyal even after entered with the Respondent No.4, successful completion of work and i . . spite of repeated requests, as arbitrary, gal, discnminatory, unjust enrichment, violative of the Fundamental Rights 19 and 21 Of the Constitution of guaranteed under Articles 14, India, apart orders of this Honble Court issued from time to consequently direct the respondents to release amount of Rs. 9,06,132/- (Nine lakhs si from being contrary to the time and the 1ST and final bill six thousand and one hundred thirty-two petitioner for the work rupees only) payable to the under the aforesaid executed by petitioner accrued on the said agreement, along with 18% interest of payment. amount from the due date till the date jA NO: 1 OF Petition under Section 151 CPC in the affidavit filed i praying that in the circumstances stated direct the a Court may be pleased to he respondents to release the withheld 1 and final bill amount of Rs. 9,06,132/- (Nine lakhs six thousand and which is admittedly due to the one hundred thirty two rupees only) petitioner despite the Successful completion agreement No. 416/2023-2024 dated 05 02 2024 work of “Providing CC Road from of work in terms of the for the D.No.28/1052-122-D1 to D.No.28/1052-116- 154 to D.NO.28/1052-103-B-1 A2 & Digital D.No. at Deva Nagar in Ward No.27 in Nandyal Municipality Under GGMP” forthwith, pending disposal of the above Writ Petition. entered with the 4*^^ respondent, Counsel for the Petitioner: M/s. AYESHA AZMA S Counsel for the Respondent Nos.1 & 3- GP FOR MUNICIPAL administration and urban development Counsel for the Respondent No.2:GP FOR FINANCE Counsel for the Respondent Nos.4 to 6: & PLANNING SRI g.lakshminarayana, sc for municipal corporations The Court made the following order; / APHC010485452025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY.THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 25013/2025 Between: M Sudhakar ...PETITIONER AND The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.AYESHA AZMAS Counsel for the Respondent{S): 1.GP FOR MUNCIPAL ADMN URBAN DEV 2.GP FOR FINANCE PLANNING The Court made the following: ...RESPONDENT(S) -2- W.P. No.25013 OF 2025 Date of order: 16.09.2025 THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No.25013 OF 2n?.^ ORDER 1. This writ petition is filed aggrieved by the action of the non-payment of the contingent bills for the works undertaken petitioner. 2. Heard the submissions of the learned respondents for by the counsel for the petitioner, the learned Government Pleader for Municipal Administration and Urban Development, the learned Assistant Government and Planning, and the learned Standing Counsel Corporation. Pleader for Finance for the respondent- 3. The learned counsel for the petitioner submits that the petitioner has executed the work, viz., providing CC road from D.No.28/1052-122 -D1 to D.No.28/1052-116-A2 & Digital D.No.154 to D.no.28/1052-103-B- 1 at Deva Nagar in Ward No.27 i vide agreement No.416/2023-2024 in Nandyal Municipality under GGMP, dt.05.02.2024 as entrusted by the 4'^ respondent-corporation. 4. The learned counsel further submits that the petitioner duly executed all the works to the satisfaction of the 4'^ respondent-corporat ion and thereafter submitted a final bill for a sum of Rs.9,06,132/-. It is submitted that the progress of the work was recorded in the M book and the bills were approved. However no payment has been forthcoming. -3- W.P. No.25013 OF 2025 Date of order; 16.09.2025 course of the hearing, the learned Standing Counsel appearing for the Corporation does not dispute the submissions 5. During the made by the petitioner with respect to the completion of the work undertaken. 6. Considering the submissions, respondents 2 and 4are 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. 7. Accordingly, the writ petition is disposed of. No costs. 8. Pending miscellaneous petitions, if any, shall stand closed. Sd/- M SRINIVAS assistant registrar / / //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Municipal Administration and Urban Development Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh. 2. The Principal Secretary, Finance Department, State of Andhra Pradesh, Secretariat buildings, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh. 3. The District Collector, Nandyal, Nandyal District, 4. The Commissioner, Nandyal Municipality, Nandyal, Nandyal District, Andhra Pradesh. 5. The Executive Engineer, Nandyal Municipality, Nandyal, Nandyal District Andhra Pradesh. 6. The Deputy Executive Engineer, Nandyal Municipality, Nandyal, Nandyal District, Andhra Pradesh 7. One CC to M/s. Ayesha Azma S, Advocate [OPUC] 8. One CC to Sri G. Lakshminarayana, SC for Municipal Corporations[OPUC] 9. Two CCs to GP for Municipal Administration and Urban Development, High Court of Andhra Pradesh. [OUT] 10.Two CCs to GP for Finance and Planning High Court of Andhra Pradesh [OUT] 11 .Two CD Copies. ssh \ \ \ HIGH COURT r DATED:16/09/2025 \ ORDER WP No. 25013 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS