Extracted from the PDF above. The PDF is authoritative.
\ IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE . PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA , WRIT PETITION NO: 3901 OF 2025 Between: N Rajendra Prasad, S/o N. Balamukunda Prasad, aged 63 years R/o H.No.21-2-15/41,7th Road, SKD Colony, Adoni, Kurnool District. ...Petitioner AND The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Municipal Administration Department, Secretariat, Velagapudi, Amaravathi, Thullur Mandal, Guntur District.. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Finance Department, Secretariat, Velagapudi, Amaravathi, Thullur Mandal, Guntur District. The Commissioner, Adoni Municipality, Adoni, Kurnool District. The Municipal Engineer, Adoni Municipality, Kurnool District. 1. 2. 3. 4. ...Respondents 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 a Writ, Order, or Direction more particularly one in the nature of WRIT OF MANDAMUS or any other appropriate writ or direction declaring the action of the respondents in not releasing the pending due payments of amount Rs. 5,40,108/- even after finalizing the bills, payable to the petitioner in relation to the work i.e., to Laying of CC Road and CC Drain from D.no.16/687/A to D.no.16/688 and at D.no 16/667 Devamma temple at Parvathapuram in E.W. No.37 in Adoni Municipality of Agreement. No.259/2023-24, dated 13.02.2024 vide M.Book No. 283/2023- 24 for Adoni Municipality Under GGMP Funds 2023-24, as illegal, arbitrary near
and violative of Art 14 and 21 direct the respondent authorities 5,40,108/- with interest for the work executed by the petitioner IA_NOMOF 2025 Constitution of India and consequently - to release the pending amounts of Rs. pending bills forthwith for the above said Petition under Section 15i stated in the affidavit filed i pleased to direct respondents CPC praying that in the circumstances •n support of the petition, the High Court may be to consider for Pending Amount Bills of Rs. 5,40,108/- with interest for the various work in Adoni work executed by the petitioner for the Municipality through the Agreements forthwith.
pending disposal of the main Writ Petition.^ Counsel for the Petitioner: SRI KOMMA Counsel for the Respondent No.
VIJAYA RAJ KUMAR 1: GP FOR MUNICIPAL ADMN & URBAN DEVELOPMENT GP FOR FINANCE & PLANNING SMT SIREESHA RANI, SC for MUNICIPALITIES Counsel for the Respondent No.2: Counsel for the Respondents 3 & 4: The Court made the following order:
APHC010069942025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE present THE HONOURABLE SMT. JUSTICE V. SUJATHA WRIT PETITION No.3901 of 2025 Between: N. Rajendra Prasad ...PETITIONER AND The State of Andhra Pradesh and others ...RESPONDENT(S) Counsel for the Petitioner:
1. KOMMA VIJAYA RAJ KUMAR 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:
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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 or any other appropriate writ or direction declaring the action of the respondents in not releasing the pending due payments of amount Rs. 5,40,108/- even after finalizing the bills payable to the petitioner in relation to the work i.e., to “Laying of CC Road and CC Drain from D.no.16/687/A to D.no.16/688 and at D.no.16/667 near Devamma temple at Parvathapuram in E.W.No.37 in Adoni Municipality” of Agreement No.259/2023-24, dated 13.02.2024 vide M.Book No. 283/2023-24 for Adoni Municipality Under GGMP Funds 2023-24, as illegal, arbitrary and violative of Art. 14 and 21 of Constitution of India and consequently direct the respondent authorities to release the pending amounts of Rs. 5,40,108/- with interest for the pending bills forthwith for the above said work executed by the petitioner. ” Heard learned counsel for the petitioner, learned Government Pleader for Municipal Administration & Urban Development, learned Government Pleader for Finance & Planning and learned Standing Counsel for Kurnool Municipal Corporation.
Learned counsel for the petitioner submits that even though the respondents admitted that the petitioner is entitled for payment of the aforesaid sum for the works executed by him, no payment is being made and such non-payment of money is clearly arbitrary and unjustified and, therefore, requires interference by this Court. At the time of hearing, learned Standing Counsel representing respondent Nos.3 and 4 has furnished a copy of written instructions received from the Commissioner, Adoni Municipality, wherein it is stated that the amount payable to the petitioner is an admitted bill, but however, as no funds are available in the Head of Account meant for the works under Gadapa Gadapaku Mana Prabhutvam (GGMP), the amount payable to the petitioner could not be paid. It is further stated
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w 3 VS,J W.P.No.3901 of 2025 that the Government of Andhra Pradesh has issued instructions vide Memo No.2573873/GGMP/Plg-VII-4 dated 09.01.2025 to furnish the details of work sanctioned prior to 01.04.2024 under GGMP programme, for processing the payments and, hence, it is assured that the bill amount payable to the petitioner will be paid, as and when the funds are available, which are expected in a couple of months, in view of the above instructions, since the amount claimed by the petitioner is an admitted bill, this Court feels it appropriate to dispose of the writ petition by directing the respondents to release the admitted bill amount of Rs.5,40,108/- (Rupees Five Lakhs Forty Thousand One Flundred and Eight only) to the petitioner, within a period of three (3) months from the date of receipt of a copy of this
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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.
Sd/- V SAVITHRj GOWRI ASSISTANT REGISTRAR SECTION OFFICER //TRUE COPY// To, The Principal Secretary to Government, Municipal Administration Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Thullur Mandal, Guntur District. The Principal Secretary to Government, Finance Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Thullur Mandal, Guntur District. The Commissioner, Adoni Municipality, Adoni, Kurnool District. The Municipal Engineer, Adoni Municipality, Kurnool District. One CC to Sri Komma Vijaya Raj Kumar, Advocate [OPUC] One CC to Smt Sireesha Rani, SC for Municipalities [OPUC] Two CCs to GP for Municipal Administration & Urban Development, Fligh Court of Andhra Pradesh. [OUT] Two CD Copies
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8. RAM
HIGH COURT DATED:24/02/2025
ORDER & 0 1 APR m I ^ Current Section WP.No.3901 of 2025 DISPOSING OF THE WP WITHOUT COSTS