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2025 DAILYLAW 56012 (AP)

Soke Radha, v. The State of Andhra Pradesh,

WP/33907/2025 · 2025-12-04

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010654172025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY,THE FIFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 33907/2025 Between: 1. SOKE RADHA,, W/O. SOKE VENKATA RAMANA, AGED ABOUT 46 YEARS, OCC- CONTRACTOR, R/O. D.NO.4-7-215-2, SBI COLONY, PULIVENDULA, CUDDAPAH(KADAPA), AP-516390 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION DEPARTMENT, A.P. SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. THE COMMISSIONER AND DIRECTOR MUNICIPAL ADMINISTRATION, A.P., TADEPALLI, GUNTUR DISTRICT. 4. THE PULIVENDULA MUNICIPALITY, PULIVENDULA, YSR KADAPA DISTRICT. REP. BY ITS COMMISSIONER 5. THE MUNICIPAL ENGINEER, PULIVENDULA MUNICIPALITY PULIVENDULA, YSR KADAPA DISTRICT 6. PAY AND ACCOUNTS OFFICER, WORKS ACCOUNTS, PULIVENDULA, YSR KADAPA DISTRICT 7. THE PULIVENDULA AREA DEVELOPMENT AUTHORITY, 2 PULIVENDULA MUNICIPALITY PULIVENDULA, YSR KADAPA 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 in the nature of WRIT OF MANDAMUS declaring the action of the respondents in not releasing payment of the bills to the petitioner for the work executed, namely Laying of CC Road beside Anjaneya Swamy Temple and Back side of New Municipal Shopping Complex of Pulivendula Municipality under PADA Grants 2023-24, for an amount of Rs. 17,89,003/- as illegal, arbitrary, malafide, high- handed, and contrary to the procedure established by law, apart from being violative of Articles 14 and 19(1)(g) of the Constitution of India and Consequently direct the Respondents to pay an amount of Rs. 17,89,003/- along with interest from the date of execution of work to the petitioner for the 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 the respondents to pay the amount of Rs. 17,89,003/- for the work executed by the petitioner pursuant to the agreement vide Agreement No. 137/2023-24, dated 02.12.2023, for Laying of CC Road beside Anjaneya Swamy Temple and Back side of New Municipal Shopping Complex of Pulivendula Municipality under PADA Grants 2023-24, pending disposal of the main writ petition and pass Counsel for the Petitioner: 1. GAJJALA MALLIKARJUNA REDDY Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP 2. 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 beside Anjaneya Swamy Temple and Back side of New Municipal Shopping Complex of Pulivendula Municipality under PADA Grants 2023-24 vide agreement No.137/2023-24, dated 02.12.2023. 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.17,89,003/-. 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. The Quality Control Report was also filed by the petitioner. 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 Department, Sri. G. Lakshmi Narayana, 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 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 05.12.2025 PNS