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2025 DAILYLAW 53951 (AP)

N RAJENDRA PRASAD v. THE STATE OF ANDHRA PRADESH

WP/33015/2025 · 2025-12-03

Harinath N

body2025

Judgment text

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APHC010633622025 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: 33015/2025 Between: 1. N RAJENDRA PRASAD, S/O N. BALAMUKUNDA PRASAD, AGED 63 YEARS R/OH.NO.21-2-15/41,7THROAD, SKD COLONY, ADONI, KURNOOL DISTRICT. ...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. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, THULLUR MANDAL, GUNTUR DISTRICT. 3. ADONI MUNICIPALITY, REP ITS COMMISSIONER, ADONI MUNICIPALITY,ADONI, KURNOOL DISTRICT. 4. THE MUNICIPAL ENGINEER, ADONI MUNICIPALITY, KURNOOL DISTRICT. 5. THE DISTRICT COLLECTOR MUNICIPALITY, KURNOOL, KURNOOL 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 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 in not releasing the pending due payments of amount Rs. 11,00,358/- even after finalizing the bills, payable to the petitioner in relation to the work i.e., to Laying of CC Road from D.No.MIG-03 to MIG-12 in APHB Colony near Royal Enfield Show room in E.W.No.06 in Adoni Municipality under GGMP funds of Agreement.No.219/2023-24, dated- 20.01.2024 vide M.Book No. 125/2023-24 for Adoni MunicipalityUnder GGMP Funds (2nd call) 2023-24, as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondent authorities to release the pending amountsof Rs. 11,00,358/- with interest for the pending bills forthwith for the above said work 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 to direct respondents to consider for Pending Amount Bills of Rs. 11,00,358/- with interest for the work executed by the petitioner for the various work in Adoni Municipality through the Agreements forthwith, pending disposal of the main Writ Petition and pass Counsel for the Petitioner: 1. KOMMA VIJAYA RAJ KUMAR Counsel for the Respondent(S): 1. GP FOR REVENUE 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 was awarded the work of Laying of CC Road from D.No.MIG-03 to MIG-12 in APHB Colony near Royal Enfield Show room in E.W.No.06 in Adoni Municipality under GGMP funds vide Agreement.No.219/2023-24, dated 20.01.2024. 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.11,00,358/-. 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 Department, the learned Standing Counsel for the Municipality and the learned Assistant Government Pleader for Finance and Planning. 4. During the course of hearing, the learned Standing Counsel appearing for the Municipality 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 eight (08) 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