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2025 DAILYLAW 6303 (AP)

POTHULA CHANDRA SEKHAR NAIDU v. The State of Andhra Pradesh,

WP/3268/2025 · 2025-02-18

V Sujatha

body2025

Judgment text

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1 APHC010058342025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY ,THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 3268/2025 Between: Pothula Chandra Sekhar Naidu ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. T VENU GOPAL Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP 2. GP FOR FINANCE PLANNING The Court made the following: 2 ORDER : This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “....to issue an order, writ or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in not releasing the bill amounts admittedly due to the petitioner despite successful completion of works in terms of the Agreement No.90/2023-2024, dated 06.11.2023, with the Measurement Book (M-Bopk) No.61, for the work executed by the petitioner namely Pulivendula Municipality - PADA Grants 2022-2023 - Laying of BT Layer in YSR Vegetable Market, Opp. Sri Ranganatha Swamy Templp in Pulivendula Municipality, under the Pulivendula Area Development Agency (PADA) grant works, approved for payment and entered in the CFMS (Comprehensive Financial Management System), even after completion of defect liability period and in spite of repeated requests, as illegal, arbitrary, discriminatory, unjust enrichment, violative of Articles 14, 19 and 21 of the Constitution of India, apart from being contrary to the orders of this Hon'ble Court issued from time to time and consequently direct the Respondents to forthwith pay the approved amounts payable to the petitioner in respect of the works executed by the petitioner under the aforesaid agreement, along with interest accrued on the said amounts from the due date till the date of payment and pass…...” 2. Heard learned counsel for the petitioner and learned counsel appearing for the respondents. 3. Learned counsel for the petitioner submits that even though respondents admitted that the petitioner is entitled for payment of the aforesaid sum of money, no payment is being made and such non-payment 3 of money is clearly arbitrary and high-handed and thereby requires interference by this Court. 4. Today, when the matter came up for hearing, learned Standing Counsel for Municipal Administration and Urban Development submitted written instructions wherein it is stated that the amounts payable to the petitioner are admitted bills and that bills were prepared for net amount of Rs.12,84,710/- payable to the petitioner and that the same were uploaded in CFMS portal with token number 2024-282118. He further submitted that the amount will be paid to the petitioner as soon as the funds are released by the Government. 5. In view of the above instructions, since the bill amount claimed by the petitioner is an admitted bill, this Court feels it appropriate to dispose of the writ petition directing the respondents to release the amount of Rs.12,84,710/- to the petitioner within a period of three (3) months from the date of receipt of a copy of this order. 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed. __________________ JUSTICE V.SUJATHA Date: 18.02.2025 Gss