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APHC010038992025
IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) FRIDAY ,THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 2252/2025 Between: Nvg Constructions The State Of Ap and Others Counsel for the Petitioner:
1. SURESH KUMAR REDDY KALAVA Counsel for the Respondent(S):
1. GP MUNCIPAL ADMN AND URBAN DEV AP
2. GP FOR FINANCE PLANNING The Court made the following:
1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY ,THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 2252/2025 ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner:
SURESH KUMAR REDDY KALAVA Counsel for the Respondent(S):
GP MUNCIPAL ADMN AND URBAN DEV AP GP FOR FINANCE PLANNING made the following:
IN THE HIGH COURT OF ANDHRA PRADESH [3333] ...PETITIONER ...RESPONDENT(S)
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ORDER : This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:
“....pleased to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents herein in withholding the payment of 1) Gross amount of Rs. 5,19,423/- in Net amount of Rs. 4,20,441/- and 2) Gross amount of Rs.8,55,862/- in net amount of Rs.6,90,939/- then totally an amount of Gross Rs.13,75,285/ in Net amount of Rs.11,11,380/- even after finalizing the bills payable to the petitioner in relation to the works i e 1) GGMP-HIW Laying of BT Road at D.No.28349/2 near Om Shakthi temple to D.No.28357/1 in ward No 5 85 7 in Palamaner Municipality vide Agreement No.59/2023-24 dt.30.01.2024 and 2) Work i.e., GGMP-HIW Laying of BT Road from Govt Mahila Polytechnic college for women to VIPSWRS College for girls in ward No 19 in Palamaner Municipality vide Agreement No 60/2023-24 dt 30.01.2024 is questioned as the same is illegal arbitrary and violation of fundamental rights and consequently direct the respondents to consider for payment of balance amount of Gross amount of Rs. 5,19,423/- in Net amount of Rs. 4,20,441/- and 2) Gross amount of Rs.8,55,862/- in net amount of Rs.6,90,939/- then totally an amount of Gross Rs.13,75,285/ in Net amount of Rs.11,11,380/- with interest 24 % per annum for the delayed amount to the petitioner in respect of execution of abovementioned work forthwith and pass…...”
2. Heard learned counsel for the petitioner and learned counsel appearing for the respondents.
3.
Learned counsel for the petitioner submits that even though respondents admitted that the petitioner is entitled for payment of the
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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 Government Pleader for Municipal Administration and Urban Development submitted a copy of instructions from the Commissioner, Palamaner Municipality, wherein it is stated that as soon as the funds are released from the Government of Andhra Pradesh to Palamaner Municipality the bills will be paid.
5. In view of the above instructions, since the bill amount claimed by the petitioner is an admitted bill, this Court feels it appropriate to dispose of the writ petition directing the respondents to release amount of Rs.5,19,423/- (Rupees Five lakhs ninteen thousand and four hundred and twenty three only) and Rs.8,55,862/- (Rupees Eight lakhs fifty five thousand eight hundred and sixty two only) to the petitioner within a period of three (3) months from the date of receipt of a copy of this order.
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: 07.02.2025 KKV
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THE HONOURABLE SMT JUSTICE V.SUJATHA
WRIT PETITION NO: 2252/2025 date: 07.02.2025
KKV