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High Court of Andhra Pradesh · body

2025 DAILYLAW 7119 (AP)

N. Rajendra Prasad, v. State of Andhra Pradesh,

WP/3800/2025 · 2025-02-28

V Sujatha

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY EIGHTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 3800 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 1. State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Municipal Administration Department Velagapudi, Amaravathi, Thullur Mandal, Guntur District. Secretariat, . State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Finance Department, Secretariat, Amaravathi, Thullur Mandal, Guntur District. Velagapudi, 3. The Commissioner, Adoni Municipality, Adoni, Kurnool District. 4. The Municipal Engineer, Adoni Municipality, Kurnool District. ...Respondents Petition under Article 226 of the Constitution of India is filed 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. 6,21,206/- even after finalizing the 9 bills, payable to the petitioner in relation to the work i.e., to Laying of CC Roads from D2/145/32 to D2/145/35, D2/145/38 to D2/145/37 in Paikottala (Rayanagar) in E.w.no.38 in Adoni Municipality Under GGMP Funds of Agreement. No.79/2023-24 dated- 07.09.2023 and Supply.Agt.No. 165/2023-24, Dated-23.11.2023 vide M.Book No. 92/2023-24 for Adoni Municipality Under GGMP Funds, 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. 6,21,206/- with interest for the pending bills forthwith for the above said work executed by the petitioner. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct respondents to consider for Pending Amount Bills of Rs. 6,21,206/- with interest for the work executed by the Adoni Municipality through the Agreements forthwith, pending disposal of the main Writ Petition. petitioner for the various work in Counsel for the Petitioner: SRI. KOMMA VIJAYA RAJ KUMAR Counsel for the Respondent No.1; GP MUNCIPAL ADMN AND URBAN DEV AP Counsel for the Respondent No.2: GP FOR FINANCE PLANNING Counsel for the Respondent Nos. 3&4: M/S V SIREESHA RANI SC FOR MUNICIPAL CORPORATION The Court made the following order: 1 APHC010069972025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] FRIDAY ,THE TWENTY EIGHTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 3800/2025 Between: N. Rajendra Prasad, ...PETITIONER AND State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. KOMMA VIJAYA RAJ KUMAR Counsel for the Respondent{S): 1.GP MUNCIPAL ADMN AND URBAN DEVAP 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 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. 6,21,206/- even after finalizing the bills, payable to the petitioner in relation to the work i.e., to Laying of CC Roads from D2/145/32 to D2/145/35, D2/145/38 to D2/145/37 in Paikottala (Rayanagar) in Municipality Under GGMP Funds of Agreement. No.79/2023-24 dated- 07.09.2023 and Supply.Agt. No. 165/2023-24, Dated- 23.11.2023 vide M.Book No. 92/2023-24 for Adoni Municipality Under GGMP Funds, 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. 6,21,206/- with interest for the pending bills forthwith for the above said work executed by the petitioner and pass ” E.w.no.38 in Adoni 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 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 that the 3 amounts payable to the petitioner are admitted bills and that the gross amount payable to the petitioner is Rs.6,21,206/- and after deducting the recoveries, the net amount of Rs.5,70,038/- will be paid to the petitioner as soon as the funds are released by the Government. In view of the above instructions, since the bill amount claimed by the 5. 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.5,70,038/- 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. Sd/- B CHITTI JOSEPH ASSISTANT REGISTRAR ^ S^TiON OFFICER //TRUE COPY// To, 1. The Principal Secretary to Government, Municipal Administration Department, State of Andhra Pradesh, Secretariat Amaravathi, Thullur Mandal, Guntur District. 2. The Principal Secretary to Government, Finance Department Andhra Pradesh, Secretariat, Velagapudi Amaravathi Guntur District. 3. The Commissioner, Adoni Municipality, Adoni, Kurnool District. 4. The Municipal Engineer, Adoni Municipality, Kurnool District. 5. One CC to Sri. Komma Vijaya Raj Kumar Advocate [OPUC] Velagapudi, State of Thullur Mandal, 4& 6. One CC to M/s V Sireesha Rani SC for Municipal Corporation [OPUC] 7. Two CCs to GP for Municipal Admin and Urban Dev, High Court Of Andhra Pradesh. [OUT] 8. Two CCs to GP for Finance Planning, High Court Of Andhra Pradesh. [OUT] 9. Three CD Copies GSC HIGH COURT DATED:28/02/2025 ORDER WP.No.3800 of 2025 X 01 APR 2025 a^ Currant suction ^ Vi^ESPATCt^^ DISPOSING OF THE WP WITHOUT COSTS