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2025 DAILYLAW 56155 (AP)

Sri G. Sambasiva Rao, v. The State of Andhra Pradesh

WP/34324/2025 · 2025-12-08

Harinath N

body2025

Judgment text

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1 APHC010664692025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 34324/2025 Between: 1. SRI G. SAMBASIVA RAO,, S/O. SUBBA RAO, AGED ABOUT 77 YEARS, OCC CONTRACTOR, R/O. D.NO.11-10-13/A, CHENCHUPET, TENALI-522 202, GUNTUR DISTRICT, A.P. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT BUILDING VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. THE SPECIAL SECRETARY TO THE GOVERNMENT OF ANDHRA PRADESH, FINANCE DEPARTMENT, ROOM NO.286, 1ST FLOOR. BUILDING NO.2, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT-522 238. 4. THE ANDHRA PRADESH COMPREHENSIVE FINANCIAL MANAGEMENT SYSTEM CFMS, CEO, NIDHI BHAWAN, APIIC PARK, MANGALAGIRI, GUNTUR DISTRICT. 5. THE DISTRICT COLLECTOR, GUNTUR, GUNTUR DISTRICT, A.P., 6. TENALI MUNICIPALITY, REP. BY ITS COMMISSIONER, TENALI, GUNTUR DISTRICT, A.P., 7. THE MUNICIPAL ENGINEER, GRADE-1, TENALI MUNICIPALITY, TENALI, GUNTUR DISTRICT, A.P. ...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 tomay be pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of MANDAMUS declaring the action of 2 the respondents in not paying the admitted due amount of Rs.18,14,613/- (Eighteen lakh Fourteen thousand Six hundred Thirteen rupees) to the petitioner herein in relation to contract Work i.e.. Construction of new Kitchen and Dining shed at Community Hall near Luthern Church, Chinaravuru in 13th ward of Tenali Municipality under GGMP Grant, for the works which were completed as per agreement bearing No.318/2022-23, Dated 06-12-2022 executed by the 6th and 7th respondents, despite lapse of two years even after finalizing the bills as illegal, arbitrary, malafidy, 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 Consequentially direct the respondents herein to pay the admitted due amount of Rs. 18,14,613/- of above bill along with interest forthwith in the interest of justice 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 may be pleased to direct the respondents herein to release the admitted due amount of Rs.18,14,613/- (Eighteen lakh Fourteen thousand Six hundred Thirteen rupees) to the petitioner herein in relation to the contract Work i.e., Construction of new Kitchen and Dining shed at Community Hall near Luthern Church, Chinaravuru in 13th ward of Tenali Municipality under GGMP Grant, for the works which were completed as per agreement bearing No.318/2022- 23, Dated 06-12-2022, pending disposal of the Writ Petition and to pass such Counsel for the Petitioner: 1. D KASIM SAHEB Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV 2. Sireesha Rani Vallabhaneni,Standing Counsel For Municipalities 3. GP FOR FINANCE PLANNING 3 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 34324 of 2025 ORDER: 1. The petitioner is aggrieved by the action of the respondents in not paying the admitted due amount of Rs.18,14,613/- (Eighteen lakh Fourteen thousand Six hundred Thirteen rupees) to the petitioner herein in relation to contract Work i.e., Construction of new Kitchen and Dining shed at Community Hall near Luthern Church, Chinaravuru in 13th ward of Tenali Municipality under GGMP Grant, for the works which were completed as per agreement bearing No.318/2022-23, Dated 06-12-2022 executed by the 6th and 7th respondents, despite lapse of two years even after finalizing the bills. 2. The learned counsel further submits that the petitioner duly executed all the works and thereafter submitted final and the final bills were duly endorsed by the competent authority. A statement detailing the works executed by the petitioner was prepared, progress of the work was recorded in the M-book. However, in spite of the completion of all procedural formalities, the payment towards the completed works has not been released till date. 3. It is further submitted that the bills submitted by the petitioner have been duly uploaded in the Comprehensive Financial Management System (CFMS), as per the records. 4. Heard the submissions of the learned counsel for the petitioner, the learned Government Pleader for Municipal Administration & Urban 4 Development, the learned Standing Counsel for the Corporation and the learned Assistant Government Pleader for Finance and Planning. 5. During the course of hearing, the learned Standing Counsel appearing for the respondents 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. 6. Considering the submissions, concerned respondents are hereby directed to verify and release the payments due payable to the petitioner as expeditiously as possible preferably within a period of six weeks from the date of receipt of a copy of this order. 7. Accordingly, the writ petition is disposed of. No costs. Pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date:09.12.2025 NKA 5 247 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 34324 of 2025 Date: 09.12.2025 NKA