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2025 DAILYLAW 7406 (AP)

A M K PRASAD v. THE STATE OF AP

WP/3878/2025 · 2025-02-28

V Sujatha

body2025

Judgment text

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1 APHC010074642025 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: 3878/2025 Between: A M K Prasad ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. AKULA VAMSI KRISHNA 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 direct the respondents to release the pending amount with interest @24% p.a. in relation to the work executed by the petitioner under “Gadapa Gadapaku Mana Prabhutvam” for Raising of Existing of CC Road from Ramalayam at Navatha Transport to Minarva Talkies in Division No.26 in Machilipatnam Municipal Corporation, for an amount of Rs.17,30,369/- vide Work ID: MAUD-1070-13774, as illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India and consequently direct the respondent authorities to release the amounts with interest @24% p.a. for the pending bills, forthwith for the above said works executed by the petitioner pending disposal of writ petition…” 2. Heard learned counsel for the petitioner, learned Government Pleader for Finance and Planning and learned Standing Counsel for Municipal Corporation. 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. Learned Standing Counsel for Municipal Corporation-respondent No.5 has furnished a copy of written instructions dated 27.02.2025, wherein it is stated that during the course of submission of work bill through CFMS online to the Pay & Accounts Officer (PAO), Vijayawada, the error in CFMS online is 3 being shown as “Regulation of Expenditure” and the said bill is not forwarding to the Pay & Accounts Officer (PAO), Vijayawada. The technical error in CFMS online portal has to be rectified by the Pay & Accounts Officer (PAO), Vijayawada. Soon after rectification of the error by the Pay & Accounts Officer (PAO), Vijayawada the work bill will be submitted to the Pay & Accounts Officer (PAO), Vijayawada. It is further stated that in that regard Pay & Accounts Officer (PAO), Vijayawada was addressed by the 5th respondent requesting to release necessary funds to clear off the work bill of the petitioner vide office Roc.No.418/2024/E1, Dt.20.02.2025. 5. In view of the above instructions, since the bills claimed by the petitioner is an admitted amount, this Court feels it appropriate to dispose of the writ petition directing the respondents to release amount of Rs.17,30,369/- (Rupees Seventeen Laksh Thirty Thousand Three Hundred and Sixty Nine only) 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: 28.02.2025 JLV