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2025 DAILYLAW 51284 (AP)

MAMIDALA BHASKAR v. THE STATE OF ANDHRA PRADESH

WP/27237/2025 · 2025-10-06

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010505042025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 27237/2025 Between: 1. MAMIDALA BHASKAR, S/O VENKAIAH, AGED 56 R/O D.NO.5/100, S.C NO.890, PATHAKUCHIPUDIPALLI, MAIN ROAD, KANIGIRI, PRAKASAM DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION URBAN DEVELOPMENT SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. 3. THE KANIGIRI NAGAR PANCHAYAT, REP. BY ITS COMMISSIONER, PRAKASAM DISTRICT. 4. 4. THE SPECIAL OFFICER, KANIGIRI NAGAR PANCHAYAT, PRAKASAM DISTRICT. 5. 5. THE EXECUTIVE ENGINEER, PUBLIC HEALTH DIVISION, PUBLIC HEALTH AND MUNICIPAL ENGINEERING DEPT., ONGOLE, PRAKASAM 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 toleased to issue a writ, order or direction more particularly one in the nature of Mandamus declaring the action of the Respondents in withholding the payment of final bill amount of Rs. 27,74,293/- (Rupees Twenty Seven Lakh Seventy Four Thousand Two Hundred and Ninety Three only) even after finalizing and issuance of completion certificate in relation to the work namely Providing Transportation of Drinking water through tankers in various wards of Kanigiri Nagar Panchayat (Spell-5) vide Agreement No.69/2020-21 as illegal, arbitrary and violative of Article 14 and 21 of the Constitution of India apart from Principles of Natural Justice and consequently direct the respondents to forthwith disburse the payment of bill amount Rs. 27,74,293/- (Rupees Twenty Seven Lakh Seventy Four Thousand Two Hundred and Ninety Three only) with interest @24percent per annum to the petitioner in respect of execution of above-mentioned work 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 please to direct the respondents to forthwith release the payment of Rs. 27,74,293/- (Rupees Twenty Seven Lakh Seventy Four Thousand Two Hundred and Ninety Three only) in respect of execution of the work namely Providing Transportation of Drinking water through tankers in various wards of Kanigiri Nagar Panchayat (Spell-5) vide Agreement No.69/2020-21, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. P VIVEK Counsel for the Respondent(S): 1. GP FOR MED HEALTH AND FAMILY WELFARE 2. GP MUNCIPAL ADMN AND URBAN DEV AP 3. GP FOR FINANCE PLANNING The Court made the following: 3 Order:- The learned counsel for the petitioner submits that the petitioner is aggrieved by non-payment of the bills relating to the work done by the petitioner. The petitioner was entrusted with the work of providing transportation of drinking water through tankers in various wards of Kanigiri Nagar Panchayat (Spell-5). The petitioner executed the work, which is evident from the entries recorded in the M-Book. It is submitted that in spite of completion of all formalities for payment of bills, the respondents have not released the final payment. 2. 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 Kanigiri Nagar Panchyat and the learned Assistant Government Pleader for Finance and Planning. 3. The learned Standing Counsel appearing for the 3rd respondent submits that the work was completed and that the respondent authorities have already paid part of the bill amount, and they would verify and release the balance amount. 4. Considering the submissions, the respondent Nos.2 and 3 are 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. 5. Accordingly, this Writ Petition is disposed off. There shall be no order as to costs. 4 6. Pending miscellaneous petitions, if any, shall stand closed. ____________________ JUSTICE HARINATH.N 07.10.2025 PNS