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2025 DAILYLAW 58812 (AP)

PALLA MANOHAR v. THE STATE OF AP

WP/33249/2025 · 2025-11-27

Harinath N

body2025

Judgment text

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APHC010643062025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY,THE TWENTY EIGHTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 33249/2025 Between: 1. PALLA MANOHAR, S/O. PALLA VENKATA RAMANA. AGED ABOUT 41 YEARS, OCC. CONTRACTOR, RESIDENT OF D.NO.54/24-4-1-25, CHEMMUMIAH PETA, KADAPA, Y.S.R DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 3. THE KADAPA MUNICIPAL CORPORATION, REP BY ITS.. COMMISSIONER, KADAPA, Y.S.R DISTRICT. 4. THE EXECUTIVE ENGINEER, KADAPA MUNICIPAL CORPORATION, KADAPA, Y.S.R 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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents in releasing the net amounts of Rs.8,12,318/- (Rupees Eight Lakhs Twelve 2 Thousand Three M Hundred and Eighteen only), towards the Two works duly executed by me as arbitrary, illegal and well established legal principles apart from being violative of the fundamental and Constitutional rights guaranteed to me under Articles 14, 19, 21 and 300-A of the Constitution of India and consequently direct the respondents pay the amount of Rs.8,12,318/- (Rupees Eight Lakhs Twelve Thousand Three Hundred and Eighteen only) forthwith for all the four works 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 take necessary action for payment of an amount of Rs.8,12,318/- (Rupees Eight Lakhs Twelve Thousand Three Hundred and Eighteen only, towards the work duly executed by me whieh are admitted by the Respondents, pending disposal of the above Writ Petition and pass Counsel for the Petitioner: 1. PAPUDIPPU SASHIDAR REDDY Counsel for the Respondent(S): 1. POTHAM VENGALA REDDY SC For M.Corporation in Rayalaseema region In 2. GP FOR MUNCIPAL ADMN URBAN DEV 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 2 works ie., 1) Construction of CC Road from D.No.9/73 to Mathamma Temple at A1 Nagar in 37th Division in Kadapa Municipal Corporation, and 2) Construction of CC Road from D.No.8/726-23 to 8/839 in 37th Division in Kadapa Municipal Corporation. 2. The learned counsel further submits that the petitioner duly executed all the said works and thereafter submitted the final bills for an amount of Rs.8,12,318/-. It is submitted that the final bills were duly endorsed by the competent authority. A statement detailing the works 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 works 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 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 works 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 four (04) 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 28.11.2025 PNS