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2025 DAILYLAW 56492 (AP)

SURYAKARI RAJA MAHESH RAO v. THE STATE OF AP

WP/31002/2024 · 2025-09-10

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010591512024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 31002/2024 Between: 1. SURYAKARI RAJA MAHESH RAO, S/O. SURYAKARI GODDOJI RAO, AGED 60 YEARS, R/O. 1-97-4, GOOTY ROAD, DHONE MANDAL, KURNOOL DISTRICT, ANDHRA PRADESH - 518 222. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. THE COMMISSIONER AND DIRECTOR, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, VADDESWARAM VILLAGE, TADEPALLI MANDAL, GUNTUR DISTRICT. 4. THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, AND CHAIRMAN, DISTRICT MINERAL FUND TRUST, KURNOOL, KURNOOL DISTRICT, ANDHRA PRADESH. 5. THE DISTRICT COLLECTOR AND CHAIRMAN, DISTRICT MINERAL FUND TRUST, NANDYAL, NANDYAL DISTRICT. 6. THE MUNICIPAL COMMISSIONER, DHONE MUNICIPALITY, DHONE-518 222. 7. THE MUNICIPAL ENGINEER, DHONE MUNICIPALITY, DHONE-518 222. 8. THE EXECUTIVE ENGINEER, PUBLIC HEALTH, KURNOOL, ANDHRA PRADESH. 9. THE DIRECTOR OF MINES AND GEOLOGY, IBRAHIMPATNAM, VIJAYAWADA. 10. THE DEPUTY DIRECTOR OF MINES AND GEOLOGY, NANDYAL, NANDYAL DISTRICT. 11. THE DISTRICT MINES AND GEOLOGY OFFICER, DISTRICT MINERAL FUND, NANDYALA, NANDYALA DISTRICT, ANDHRA PRADESH. 12. THE PAY AND ACCOUNTS OFFICER, WORKS AND ACCOUNTS, D.NO. 29-2-52, MANASA COMPLEX, RAMA MANDIRAM STREET, GOVERNORPET, VIJAYAWADA, 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 tomay be pleased to issue a direction or order more particularly one in the nature of WRIT OF MANDAMUS declaring the arbitrary action of the Respondent Authorities in not releasing the pending bill amount of Rs. 15,69,921/- as recorded in the Measurement Book vide M-Book No.119/2023- 24/AE in relation to the work executed i.e., Construction of Yoga Center at KVS Park in Dhone Municipality under DMF Funds 2021-22 pertaining to Agreement No.37/2021-2022/DMF/E1 dated 05.03.2022 is questioned as the same is illegal, arbitrary, violative of principles of natural justice, violative of provisions of Clause 68 of the Andhra Pradesh Detailed Preliminary Standard Specification and violative of Articles 14, 21 and 300-A of Constitution of India and consequently direct the Respondent Authorities to pay the said pending bill amount of Rs. 15,69,921/- along with interest at the rate of 24 percent per annum for the delayed amount to the petitioner in respect of execution of above- mentioned work forthwith and to pass IA NO: 1 OF 2024 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 Respondent Authorities to pay the pending bill amount of Rs. 15,69,921/- as recorded in the Measurement Book vide M-Book No.119/2023-24/AE in relation to the work executed i.e., Construction of Yoga Center at KVS Park in Dhone Municipality under DMF Funds 2021-22 pertaining to Agreement No.37/2021-2022/DMF/E1 dated 05.03.2022 pending disposal of this writ petition and to pass Counsel for the Petitioner: 1. RAMESH BABU TATAPUDI Counsel for the Respondent(S): 1. Gudapati Lakshminarayana SC For Municipalities in Rayalaseema Region 2. Sireesha Rani Vallabhaneni,Standing Counsel For Municipalities 3. GP FOR REVENUE 4. GP FOR MINES AND GEOLOGY 5. GP MUNCIPAL ADMN AND URBAN DEV AP 6. GP FOR FINANCE PLANNING The Court made the following: THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 31002 OF 2024 ORDER : 1. The learned counsel for the petitioner submits that the petitioner has awarded the work i.e., Construction of Yoga Center at KVS Park in Dhone Municipality under DMF Funds 2021-22 to the petitioner vide Agreement No.37/2021-22/DMF/E1, dated 05.03.2022. 2. The learned counsel further submits that the petitioner duly executed the work and thereafter submitted final bill for an amount of Rs.15,69,921/-. It is submitted that the final bill was 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. 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 Corporation and the learned Assistant Government Pleader for Finance and Planning. 4. During the course of hearing, 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. 5. Considering the submissions, the 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. 6. Accordingly, the writ petition is disposed of. No costs. 7. Pending miscellaneous petitions, if any, shall stand closed. ____________________ JUSTICE HARINATH.N Dated 11.09.2025 KGM 252 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.31002 OF 2024 Dated 11.09.2025 KGM