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2025 DAILYLAW 57874 (AP)

SRINIVASA RAO RAMISETTY v. THE STATE OF ANDHRA PRADESH

WP/28706/2025 · 2025-10-26

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010549232025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE TWENTY SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 28706/2025 Between: 1. SRINIVASA RAO RAMISETTY, S/O VENKATESWARA RAO, AGED ABOUT 55 YEARS, OCCU-CONTRACTOR, R/O D.NO.3-16, MAIN ROAD, INAVOLU, THULLURU MANDAL, GUNTUR DISTRICT, ANDHRA PRADES ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, A.P SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, A.P SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE TENALI MUNICIPALITY, REPT. BY ITS COMMISSIONER TENALI, GUNTUR DISTRICT. 4. THE MUNICIPAL ENGINEER, GRADE-1, TENALI MUNICIPALITY, TENALI, GUNTUR DISTRICT. 5. THE PAY AND ACCOUNTS OFFICER, WORKS AND ACCOUNTS DEPARTMENT GUNTUR, GUNTUR 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 Writ, Order or direction more particularly one in the Nature of Writ of Mandamus declaring the action of the respondents in withholding the 1st and final admitted bills for a net amount of Rs. 11,94,731/- and Rs.78,928/- respectively for a total sum of Rs.12,73,659/-, even after finalizing the bills payable to the petitioner in relation to the two works i.e 1) Providing CC Road from Mannam Adham (H) D.No.8-22-10 to D.No.8-28- 25/A at cross road 33rd Tenali Municipality, vide agreement No.196/2022-23, dt.20.07.2022, 2) Maintenance and improvements of balance bit CC road at Redia Bazar in Tenali Municipality, vide agreement No.88/2024-25, dt.16.08.2024, respectively are questioned, as the same is Illegal and arbitrary and consequently direct the respondents to consider payments of the Final admitted Bills for a net total an amount of Rs.12,73,659/- with interest @ 12percentage per annum for the delayed amount to the petitioner in respect of the execution of above mentioned work forthwith, 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 pleased to direct the respondent authorities to release the 1st and final admitted bills amount of Rs.12,73,659/- lakhs with interest at 12percentage for the works executed by the petitioner forthwith, pending disposal of the Writ petition and pass Counsel for the Petitioner: 1. GNANESWARA RAO MITTIREDDI Counsel for the Respondent(S): 1. Sireesha Rani Vallabhaneni,Standing Counsel For Municipalities 2. GP MUNCIPAL ADMN AND URBAN DEV AP 3. GP FOR FINANCE PLANNING The Court made the following: 3 Order: Learned counsel for the petitioner submits that the petitioner was awarded 2 works i.e., (i) Providing CC Road from Mannam Adham (H) D.No.8-22-10 to D.No.8-28-25/A at cross road 33rd ward of Tenali Municipality, vide Agreement No.196/2022-23, dated 20.07.2022, and (ii) Maintenance and improvements of balance bit CC road at Redla Bazar in Tenali Municipality, vide Agreement No.88/2024-25, dated 16.08.2024, and submitted final bills. A Statement detailing the works executed by the petitioner was prepared, and the progress of the works was recorded in the M-Book. It is submitted that, in all, an amount of Rs.12,73,659/- (CFMS Token Nos.1179621/2025 & 1180176/2025) respectively is due and payable by the respondents to the petitioner. It is submitted that the bills were also uploaded in the CFMS Portal. However, in spite of the completion of all procedural formalities, the payment towards the completed works has not been released till date. 2. Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Municipal Administration and Urban Development; the learned Assistant Government Pleader for Finance and Planning, and the learned Standing Counsel for the Municipality. 3. 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 works undertaken. 4 4. Considering the submissions, the 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 (06) weeks from the date of receipt of a copy of this order. 5. Accordingly, the Writ Petition is disposed off. No costs. 6. Pending miscellaneous petitions, if any, shall stand closed. _______________________ JUSTICE HARINATH.N Date : 27.10.2025 PNS