Extracted from the PDF above. The PDF is authoritative.
APHC010069872025
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.3897 of 2025 Between: Rampogu Chandra Sekhar ...PETITIONER AND State of Andhra Pradesh and others ...RESPONDENT(S) Counsel for the Petitioner:
1. ANNAMNEEDI BALAKRISHNA Counsel for the Respondent(S):
1. GP FOR MUNCIPAL ADMN. & URBAN DEV
2. GP FOR FINANCE PLANNING
3. P. VENGAL REDDY, 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 total due payments of Rs.26,36,096/- even after finalizing the bills, payable to the petitioner in relation to the work i.e., i) Agreement No.209/23-24, Dt: 25.01.2024 Vide M. Book No.485/23-24 for amount of Rs.4,57,797/- ii) Agreement No.211/23-24 Dt: 25.01.2024 Vide M. Book No.625/22-23 for amount of Rs. 4,36,095/- iii) Agreement No.100/23-24 Dt: 11.12.2023 Vide M.Book No. 538/23-24 for amount of Rs. 4,22,286/- iv) Agreement No. 102/23-24 Dt: 11.12.2024 Vide M. Book No.351/23-24 for amount of Rs. 4,25,408/- v) Agreement No.210/23-24, Dt: 25.01.2024 Vide M. Book No. 651/23-24 for amount of Rs.4,51,296/- vi) Agreement No.203/23-24 Dt: 23.01.2024 Vide M. Book No.344/23-24 for amount of Rs. 4,43,214/-, total pending bills amount of Rs.26,36,096/- due for above (06) works sanctioned under Gadapa Gadapaku Mana Prabhutvam (GGMP) Grant in Kurnool Municipal Corporation through the Agreements, as illegal, arbitrary and violative of Art. 14 and 21 of Constitution of India and consequently direct the respondent authorities to release the final bills total amount of Rs. 26,36,096/- with interest at 06% for the pending bills forthwith for the above said works executed by the petitioner.”
2. 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.
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3.
Learned counsel for the petitioner submits that even though the respondents admitted that the petitioner is entitled for a total payment of Rs.26,36,096/- 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.
4. At the time of hearing, learned Standing Counsel for the 5th respondent-Corporation furnished a copy of written instructions received from the Superintending Engineer, Kurnool Municipal Corporation, wherein it is stated that the amounts payable to the petitioner are admitted bills and after scrutiny of the bills raised by the petitioner, the net amount payable to the petitioner is worked out to Rs.26,36,096/-. However, as no funds are available for payment of the amounts pertaining to the scheme of Gadapa Gadapaku Mana Prabhutvam, the bills of the petitioner are kept pending for payment. It is further stated that a letter vide Lr.Roc.No.675093/2024/E4 dated 10.02.2025 was addressed to the Principal Secretary to Government of Andhra Pradesh, Municipal Administration & Urban Development Department, for release of necessary funds for payment of amounts to the contractors whose bills are pending, and it is assured that as soon as funds are released, the bill amounts of the petitioner would be cleared.
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5. In view of the above instructions, since the 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 the admitted bills amount of Rs.26,36,096/-. (Rupees Twenty Six Lakhs Thirty Six Thousand and Ninety Six only) 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: 24.02.2025 IBL
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THE HONOURABLE SMT. JUSTICE V. SUJATHA
WRIT PETITION No. 3897 of 2025
Dt: 24.02.2025
IBL