Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITIONNO: 1210 OF 2025 Between: K Navaneeth, S/o. K. Rangaiah, aged about 29 years, R/o. H.No. 40- 802/2a2, Nerhu Nagar, Kurnool, Kurnool District, A.P ...Petitioner AND
1. The State of Andhra Pradesh, Rep by its Secretary, Municipal Administration and Urban Development Department, Secretariat ^ Buildings, 2nd block, Velagapudi, Vijayawada.
2. The Kurnool Municipal Corporation., Rep.by the commissioner, Kurnool.
3. The State of Andhra Pradesh, Rep by its Secretary to Government, Finance Department, Secretariat, Velagapudi, Amaravati, Thullur ^ Mandal, Guntur District. (R3 is impleaded as per the court order dt. 12.02.2025 in lA No. 2/2025 in the writ petition and affidavit.) ...Respondents 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 to issue an appropriate Writ, direction, or
Order, particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in not releasing the bill an amount of Rs. Rs.19,73,588/- for the works executed by the petitioner namely Restoration of and repairs of froni D.No.36/30 to Community Toilet Near Nagamaiah kata, Kumari ^Street in ward No.5 and Restoration of and repairs of CC from D.No.36/40- ,^144 to 36/46-142 to 36/46-47-1 and 36/40-E-24 to 36/340-E-17 13th in Sachivalayam in ward no.5 under GGMP for the 2nd respondent Corporation as illegal, arbitrary and unjust, irresponsible and consequential direction to the respondents to release the bill amount of Rs. Rs. 19,73,588/- for the works executed by the petitioner namely Restoration of and repairs of CC from D.No.36/30 to Community Toilet Near Nagamaiah kata, Kumari Street in ward No.5 and Restoration of and repairs of CC from D.No.36/40-144 to 36/46-142 to 36/46-47-1 and 36/40-E-24 to 36/340-E-17 13th in Sachivalayam in ward no.5 under GGMP for the 2nd respondent Corporation with interest forthwith. more lA 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 to direct the respondents to release the bill Rs.19,73,588/-for the works executed by the petitioner namely Restoration of and repairs of CC from D.No.36/30 to Community Nagamaiah kata, Kumari Street in ward No.5 and Restoration of and repairs of CC from D.No.36/40-144 to 36/46-142 to 36/46-47-1 and 36/40- E-24 to 36/340-E-17 13th in Sachivalayam in ward no.5 under GGMP for the 2nd respondent Corporation with interest forthwith pending disposal the above writ petition. amount of Rs. Toilet Near of
Counsel for the Petitioner: SRI.
K SRINIVASA PRASAD Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMIN URBAN DEV Counsel for the Respondent No.2: SRI A S C BOSE SC FOR MUNICIPAL CORPORATION Counsel for the Respondent No.3: GP FOR FINANCE PLANNING^ The Court made the following order:
1 APHC010017772025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY ,THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT the honourable smt justice V.SUJATHA WRIT PETITION NO: 1210/2025 Between: ...PETITIONER K Navaneeth AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner:
1 .K SRINIVASA PRASAD Counsel for the Respondent{S):
1 GP FOR MUNCIPAL ADMN URBAN DEV 2.A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) 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, direction, or
Order, more particulariy one in the nature of Writ of Mandamus declaring the action of the Respondents in not releasing the bill an amount of Rs.19,73,588/- for the works executed by the petitioner namely Restoration of and repairs of CC from D. No. 36/30 to Community Toilet Near Nagamaiah kata, Kumari Street in ward No. 5 and Restoration of and repairs of CC from D. No.36/40-144 to 36/46- 142 to 36/46-47-1 and 36/40-E-24 to 36/340-E-17 13 Sachivalayam in ward no. 5 under GGMP for the 2""' respondent Corporation as illegal, arbitrary and unjust, irresponsible and consequential direction to the respondents to release the bill amount of Rs. 19,73,588/- for the works executed by the petitioner namely Restoration of and repairs of CC from D. No.36/30 to Community Toilet Near Nagamaiah kata, Kumari Street in ward No.5 and Restoration of and repairs of CC from D.No.36/40-144 to 36/46-142 to 36/46-47-1 and 36/40-E-24 to 36/340-E-17 13*^ in Sachivalayam in ward no.5 under GGMP for the 2"^' respondent Corporation with interest forthwith...” th in Heard learned counsel for the petitioner and learned Standing Counsel
2. for Municipal Corporation.
Learned counsel for the petitioner submits that even though
3. 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. The 2^^ respondent filed counter affidavit, wherein it is stated that after execution of work order and agreements, writ petitioner has commenced the works and completed the same within the prescribed period i.e., 26.02.2024. After completion of the said works, the detailed Measurements of the said work were recorded in M.Book vide 701/23-24 for Work No.1 and M.Book No.702/23/24 for Work No.2 and passed the bill for value of work done amounting to Rs. 10,73,588/- for the said works and after scrutiny of the bill duly making statutory deductions, the net amount worked Rs.18,24,192/- payable to the petitioner by the respondent -Corporation. 4. out to
5. It is further stated that, the Government of A.P. Planning (Vi) Department issued a Memo No.PLG01-PLGOFUND(CMDF)/11/2024-PLG-VI dated 07.03.2024 permitting for uploading the bills (for making payment to the completed works) in the Head of Account 5475-00-796, 789 & 800-11-08-530- 531 pertaining to the schemes of SDF/CMDF & GGMP. It is submitted that, with a view to make payment to the petitioner for the 2 works executed by him, it is found that, all the amounts sanctioned under “Gadapa Gadapaku Mana Prabhuthwam” account, were completely exhausted and no funds available for payment of the same to the petitioner. As such, on informing the same by this respondent-corporation, the District Collector addressed a letter to the Director, GVWV & VSWD Department, Vijayawada to release the necessary further funds shown therein to this 2'"'^ respondent-Municipal Corporation and Adoni and Yemmiganur Municipalities and Gudur Nagara Panchayat for the progress and completed works. are
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6. In view of the same, since the amount claimed by the petitioner i admitted bills, this Court feels it appropriate to dispose of the writ petition directing the respondents to release net IS an amount to the petitioner within a period of three (3) months from the date of receipt of a copy of this order. 7. 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. Sd/- J SAROJA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,
1.
The Secretary, Municipal Administration Department, State of Andhra Pradesh, Velagapudi, Vijayawada. 2. The Commissioner, Kurnool Municipal
3. The Secretary to Government, Finance Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Thullur Mandal Guntu^ District. and Urban Development Secretariat Buildings, 2nd block. corporation., Kurnool. 4. One CC to Sri. K Srinivasa
5. One CC to Sri. A S C Bose SC for
6. Two CCs to GP For Municipal Admin Pradesh. [OUT]
7. Tworcs to GP For Finance Planning, High Court Of Andhra Pradesh. 8. Three CD Copies Prasad Advocate [OPUC] Municipal Corporation [OPUC] Urban Dev, High Court Of Andhra GSC
% HIGH COURT DATED: 12/02/2025
ORDER WP.No.1210 of 2025 DISPOSING OF THE WP WITHOUT COSTS