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2025 DAILYLAW 6533 (AP)

ROOF AND BRIDGE CONSTRUCTION v. THE STATE OF ANDHRA PRADESH

WP/3343/2025 · 2025-02-19

V Sujatha

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010062172025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION No.3343 of 2025 Between: M/s. Roof & Bridge Construction ...PETITIONER AND The State of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. KAMBHAMPATI RAMESH BABU Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN. & URBAN DEV, 2. GP FOR FINANCE PLANNING 3. V. SIREESHA RANI, STANDING COUNSEL The Court made the following: 2 VS,J W.P.No.3343 of 2025 ORDER : This writ petition, under Article 226 of the Constitution of India, is filed seeking the following relief: “..to issue a Writ, Order or Direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in not releasing payment for the bills to the petitioner for the works executed by him namely i.e. i) GGMP 2022-23-ID No.MAUD-1151-12261-Providing pipe Culvert at Perareddy Palli Nayabrahmana Colony in Ward No.22 in Atmakur Municipality under agreement No. 39/2023-23 Dated 05.04.2023 for an amount of Rs. 3,16,041/- ii) GGMP-2022- 23-ID No.MAUD-1151-12256-Providing Box Culvert at Perareddy PaIli BC Colony in Ward No.22 under agreement No 39/2022-23 Dated 05.04.2023 for an amount of Rs.6,83,728/-, iii) GGMP-2022-23-ID No. MAUD-1151-23678- Upgradtion of CC Road from Kirumani Salim house to Big Mosque at West Street in 61th Ward In Atmakur Municipality under agreement No. 92/2023-24 Dated 23.12.2023 for an amount of Rs. 2,44,942/-, iv) GGMP-2022-23-MAUD No 1151- 23680-Providing CC Road from Syed Rafi house to Narasimahareddy vacant plot at west street in 16th ward in Atmakur Municipality under agreement No. 94/2023-24 Dated 23.12.2023 for an amount of Rs. 1,78,818/-, v) GGMP-2022- 23-ID No. MAUD- 1151-8386-Providing CC Drain from Gurunadham Bakkaiah house to current pole No.SS33A12 at Erukulasani Nagar in Ward No.20 in Atmakur Municipality under agreement No.69/2023-24, Dated 01.09.2023 for an amount of Rs. 4,62,387/-, vi) GGMP-2022-23-ID No. MAUD- 1151-8382-Providing CC Drain at Centinari telugu Baptist Church to Hill road main street in Christain peta in Ward No.20 in Atmakur Municipality under agreement No.68/2022-23 Dated 01.09.2023 for an amount of Rs.1,71,205/- as illegal, arbitrary, malafide, 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 to release the payment of above bill along with interest forthwith in the interest of justice.” 2. Heard learned counsel for the petitioner, learned Government Pleader for Municipal Administration & Urban Development representing respondent Nos.1, 3 & 5, learned Government Pleader 3 VS,J W.P.No.3343 of 2025 for Finance & Planning representing respondent No.2, and learned Standing Counsel representing respondent No.4. 3. Learned counsel for the petitioner submits that even though the respondents admitted that the petitioner is entitled for payment of the aforesaid sums for the works executed by it, no payment is being made and such non-payment of money is clearly arbitrary and unjustified and, therefore, requires interference by this Court. 4. At the time of hearing, learned Standing Counsel for the 4th respondent-Municipality furnished a copy of written instructions received from the Commissioner, Atmakur Municipality, wherein it is stated that the amounts payable to the petitioner are for admitted bills and after completion of the work by the petitioner, measurements were recorded and bills were raised for a gross amount of Rs.20,57,122.70 ps. and net amount of Rs.18,60,035/-. However, due to lack of budget/funds in the GGMP (Gadapa Gadapaku Mana Prabhutvam) head of account, they are unable to process the bills in CFMS portal. It is further assured that as soon as adjustment of funds to GGMP head of account takes place, the bills will be processed in CFMS portal, so as to make payments to the contractor. 5. In view of the above instructions, since the bill amounts claimed by the petitioner pertain to admitted bills, this Court feels it appropriate to dispose of the writ petition by directing the respondents to release 4 VS,J W.P.No.3343 of 2025 the subject admitted bill amounts to the petitioner within a period of three (3) months from the date of receipt of a copy of this order. 6. With the above direction, the Writ Petition is disposed of. No order as to costs. Interlocutory applications, if any, pending in this writ petition shall stand closed. ___________________ JUSTICE V. SUJATHA Date: 19.02.2025 IBL 5 VS,J W.P.No.3343 of 2025 THE HONOURABLE SMT. JUSTICE V. SUJATHA WRIT PETITION No. 3343 of 2025 Dt: 19.02.2025 IBL