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2025 DAILYLAW 49327 (AP)

TANGELLA TRIMURTHULU v. THE STATE OF ANDHRA PRADESH

WP/24948/2025 · 2025-09-21

Harinath N

body2025

Judgment text

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1 APHC010487052025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 24948/2025 Between: 1. TANGELLA TRIMURTHULU, S/O. SATYANARAYANA, AGED ABOUT 36 YEARS, D.NO. 1-45, BSNL STREET, CHINA SANKARLAPUDI, KAKINADA, KAKINADA DISTRICT- 533 432. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, MUNICIPAL ADMINISTRATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, THULLUR MANDAL, GUNTUR DISTRICT. 2. STATE OF ANDHRA PRADESH, REP, BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, THULLUR MANDAL, GUNTUR DISTRICT. 3. THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, SRI KRISHNA ENCLAVE, GORANTIA, GUNTUR, GUNTUR DISTRICT. RAJAMAHENDRAVARAM MUNICIPAL CORPORATION REP ITS COMMISSIONER, EAST GODVARI DISTRICT 4. THE DIRECTOR OF WORKS AND ACCOUNT OFFICER, ANIANEYA TOWERS, IBRAHIMPATNAM, KRISHNA DISTRICT. 5. THE SUPERINTENDING ENGINEER, MUNICIPAL CORPORATION, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT. 6. THE EXECUTIVE ENGINEER, MUNICIPAL CORPORATION, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT. 7. THE PAY AND ACCOUNT OFFICER, DOWLIESWARAM, EAST GODAVARI DISTRICT. ...RESPONDENT(S): 2 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 a Writ, Order, or Direction more particularly one in the nature of WRIT OF MANDAMUS or any other appropriate writ or direction declaring the action of the respondents not releasing the total due of Rs. 1,85,24,015/- even after finalizing the bills, payable to the petitioner in relation to the works i.e., 1) Rs.92,59,532/-, vide in ROC.NO.4617740/RADP/2022/Q2, Dated 28/07/2023, and its Agreement No. 47/2023-24, vide its M.Book Nos. 327/V2022-23 (Rs. 44,19,449/- for Part-A), Vide CFMS No. 781834/2024, and 131B/2023-24 (Rs. 48,40,083/- for Part-B), vide CFMS No. 1058596/2024 for the work of Providing galvalume roof shed for establishment of plastic waste management unit such as segregation chambers, pyrolysis / depolymer 2) Rs.92,64,483/-, vide Roc.No.4617740/RADP/2022/Q2, Dated 28/07/2023, and its Agreement No 46/2023-24, vide its M.Book Nos. 324A/2022-23 (Rs. 63,55,913/- for Part-A), Vide CFMS No. 782276/2024, and 137B/2023-24 (Rs. 29,08,570/- for Part-B), vide CFMS No. 1060817/2024 for the work of Providing Platforms for Windrow Composting BSF Composting (15th FC tied grant for the year 2020- 2021), for the various works in Rajamahendravaram Municipal Corporation through the Agreements as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondent authorities to release the pending bills of Rs. 1,85,24,015/- with interest for the pending bills forthwith for the above said works executed by the petitioner and pass IA NO: 1 OF 2025 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 respondents to consider for pending bills of Rs. 1,85,24,015/- for the works executed by the petitioner in Rajamahendravaram Municipal Corporation through the .Agreements forthwith, pending disposal of the main Writ Petition end pass Counsel for the Petitioner: 1. ANNAMNEEDI BALAKRISHNA Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP 2. GP FOR FINANCE PLANNING 3 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 24948 of 2025 ORDER: 1. The petitioner is aggrieved by the action of the respondents in not releasing the total due of Rs.1,85,24,015/- even after finalizing the bills payable to the petitioner in relation to the works i.e., 1) Rs.92,59,532/- vide in ROC NO.4617740/RADP/2022/Q2, Dated 28/07/2023 and its Agreement No.47/2023-24 vide its M Book Nos.327A/2022-23 Rs.44,19,449/- for Part-A Vide CFMS No.l781834/2024 and 131B/202324 Rs.48,40,083/- for Part-B vide CFMS No.1058596/2024 for the work of “Providing galvalume roof shed for establishment of plastic waste management unit such as segregation chambers pyrolysis / depolymer 2) Rs.92,64,483/- vide Roc No.4617740/RADP/2022/Q2 Dated 28/07/2023 and its Agreement No.46/2023-24 vide its M Book Nos.324A/2022-23 Rs.63,55,913/- for Part-A Vide CFMS No.782276/2024 and 137B/2023-24 Rs.29,08,570/- for Part-B vide CFMS No.1060817/2024 for the work of Providing Platforms for Windrow Composting BSF Composting (15th FC tied grant for the year 2020- 2021) for the various works in Rajamahendravaram Municipal Corporation through the Agreements. 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 4 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. 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 ten (10) 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:22.09.2025 NKA 5 60 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 24948 of 2025 Date: 22.09.2025 NKA