Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 52563 (AP)

Cheppeli Issaku, v. The State of Andhra Pradesh,

WP/33016/2025 · 2025-12-03

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010625892025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 33016/2025 Between: 1. CHEPPELI ISSAKU, S/O.KRISHNA, AGED ABOUT 43 YEARS, OCC CIVIL CONTRACTOR, R/0.D.N0.16A-3-23, TANGELLAMUDI, NEAR CSI CHURCH, 50TH DIVISION, ELURU, ELURU DISTRICT ERSTWHILE WEST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT (MAUD) DEPARTMENT, SECRETARIAT BUILDINGS, AT VELAGAPUDI, AMARAVATI, ANDHRA PRADESH. 2. THE MANGALAGIRI TADEPALLI MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, MANGALAGIRI, GUNTUR DISTRICT, 3. THE SUPERINTENDENT ENGINEER, MANGALARIGI TADEPALLI MUNICIPAL CORPORATION MANGALAGIRI, GUNTUR DISTRICT. 4. THE DIRECTOR, WORKS AND ACCOUNTS DEPARTMENT, ANJANEYA TOWERS, IBRAHIMPATNAM, VIJAYAWADA, NTR DISTRICT ERSTWHILE KRISHNA DISTRICT. ...RESPONDENT(S): 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 a writ, order or direction more particularly one in the nature of a Writ of Mandamus or any other appropriate Writ, Direction or Order 2 questioning the action of the respondents in not paying pending admitted bills for an amount of Rs.21,71,702/- for the work Providing Single armed Electrical poles on NH 16 Service road From Midvalley city to AP Police Head Quarters in Mangalagiri Tadepalli Municipal Corporation under Municipal General Funds in favour of the petitioner even though completed in the year 2025-26 the entire work was completed within stipulated time is illegal and arbitrary and violative of articles 14, 16 and 21 of constitution of India and consequently direct the respondents to clear the pending admitted bills for an amount of Rs.21,71,702/- pertaining to the above work and pass such 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 to direct the respondents to pay the admitted bills for the tender work “Providing Single armed Electrical poles on NH 16 Service road From Midvalley city to AP Police Head Quarters in Mangalagiri Tadepalli Municipal Corporation under Municipal General Funds in favour of the petitioner even though completed in the year 2025-26” for an amount of Rs.21,71,702/- in favor of the petitioner, pending disposal of Writ Petition, and to pass such Counsel for the Petitioner: 1. M K RAJ KUMAR Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV The Court made the following: 3 Order:- The learned counsel for the petitioner submits that the petitioner was awarded the work of Providing Single armed Electrical poles on NH 16 Service road From Midvalley city to AP Police Head Quarters in Mangalagiri Tadepalli Municipal Corporation under Municipal General Funds vide agreement No.26/2025-26, dated 11.04.2025. 2. The learned counsel further submits that the petitioner duly executed all the said work and thereafter submitted the final bills for an amount of Rs.21,71,702/-. It is submitted that the final bills were duly endorsed by the competent authority. A statement detailing the work executed by the petitioner was also prepared progress of the work was recorded in the M-book. However, in spite of the completion of all procedural formalities, the payments towards the completed work have not been released till date. 3. Heard the submissions of the learned counsel for the petitioner, the learned Government Pleader for Municipal Administration and Urban Development Department, and Sri A.S.C. Bose, the learned Standing Counsel for the Corporation. 4. During the course of hearing, the Sri A.S.C. Bose, 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 and that the non-payment of bills is due to paucity of funds. 4 5. Considering the submissions, the concerned respondents are hereby directed to verify and release the payments as expeditiously as possible preferably within a period of six (06) weeks from the date of receipt of a copy of this order. 6. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs. 7. Pending miscellaneous petitions, if any, shall stand closed. ____________________ JUSTICE HARINATH.N 04.12.2025 PNS