N VENKATA KRISHNA VARMA v. .The State of Andhra Pradesh,
WP/4502/2025 · 2025-02-28
V Sujatha
body2025
DailyLaw.ai
[ 2025 DAILYLAW 7959 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7959 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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APHC010082832025
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: 4502/2025 Between: N Venkata Krishna Varma ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
1. VENKAT CHALLA Counsel for the Respondent(S):
1. GP FOR MUNCIPAL ADMN URBAN DEV
2. GP FOR FINANCE PLANNING The Court made the following:
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ORDER : This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:
“....to issue an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the payments of pending amounts of Rs.16,66,491/- (Sixteen Lakhs, Sixty Six Thousand, Four Hundred and Ninety One Rupees only) even after finalizing the bills payable to the petitioner in relation to the Three works i.e,. “I. providing A) C.C.Road from D.No.59-11-100 to 59-11-100/9 at Rellipeta B) C.C.Drains from D.No.59-20-16/2/15 to 29-20-16/2/26 at dhobhikhana from D.No.59-11-100, D.No.59-11-18, D.No.59-5-20 at Nethaji Road in 23rd Division…,Agreement No.332/e.E.-2/2022- 2023, Dated:29.03.2023,” For the year 2023 as bad, illegal, arbitrary, improper, unjust and against the Article 21 of Constitution of India and consequently direct the respondents to pay the amounts of Rs.16,66,491/- (Sixteen Lakhs Sixty Six Thousand Four Hundred and Ninety One only) with interest @ 24% per annum for the delayed amount till date of realization for the works executed by the petitioner and pass any other order or orders…”
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.
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4. Learned Standing Counsel for Municipal Corporation-respondent No.2 has furnished a copy of written instructions dated 27.02.2025, by the Commissioner, Municipal Corporation, Kakinada, wherein it is stated that the pending bill amount of Rs.16,66,491/- will be paid to the petitioner after release of the budget from the Government under Gadapa Gadapaku Mana Prabhutvam Scheme only.
5. As the amount of Rs.16,66,491/- payable to the petitioner has been admitted by respondent No.2 in his instructions dated 27.02.2025, this Court feels it appropriate to dispose of the writ petition directing the respondents to release amount of Rs.16,66,491/- (Sixteen Lakhs Sixty Six Thousand Four Hundred and Ninety One 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