Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 4951 OF 2025 Between: Khatal Shafiulla, S/o. Murthuja Saheb, aged 49 years, R/o. H.No.21/2-4-2, SKD Colony, 6*" road. Near CSI Church, Adoni, Kurnool District-518301. ...PETITIONER AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Municipal Administration Department Secretariat, Velagapudi, Amaravathi, Thullur Mandal, Guntur District. 2. State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Finance Department, Secretariat, Velagapudi, Amaravathi, Thullur Mandal, Guntur District. 3. Adoni Municipality, Rep By It's Commissioner, Adoni, Kurnool District. 4. The district collector, Kurnool, Kurnool District. 5. The Municipal Engineer, Adoni Municipality, Kurnool District. ...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. 12,77,761/- after finalizing the bills, payable to the petitioner in relation to the Laying of CC Road from -D.no.5/1314/143/A to D.no.5/333/A and from D.No.5/164 to D,no.5/2495 in E.w.no.42 in Adoni of Agreement.No. 185/2023-24, even work i.e., to Municipality Under GGMP Funds dated18.12.2023 and Supply.Agt.No.273/2023-24 Dated
23.02.2024 vide M.Book No. 121/2023-24 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. 12,77,761/- with interest for the pendihg bills forthwith for the above said work executed by the petitioner. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct respondents to consider for Pending Amount Bills of Rs, 12,77,761/- with interest for the work executed by the petitioner for the various work in Adoni Municipality through the Agreements forthwith, pending disposal of the main Writ Petition.
Counsel for the Petitioner : SRI KOMMA VIJAYA RAJ KUMAR Counsel for the Respondent Nos.1 & 4 : GP FOR MUNICIPAL ADMN & URBAN DEVELOPMENT Counsel for the Respondent No.2 : GP FOR FINANCE AND PLANNING Counsel for the Respondent Nos.3 & 5 : Mrs. V. SIREESHA RANI, SC FOR MUNICIPALITY The Court made the following: ORDER
1 APHC010085822025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY, THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 4951/2025 Between; ...PETITIONER Khatal Shafiulla AND ...RESPONDENT{S) The State Of Andhra Pradesh and Others 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 The Court made the following;
■ 2 f THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 4951/2025 The Court made the following Order: The Writ Petition is filed questioning the inaction of the respondents in not releasing the pending due payments of amount to the Petitioner in relation to the work i.e.,laying of CC Road from D.No.5/1314/143/A to D.No.5/333/A and from D.No.5/164 to D.No.5/2495 in E.W.No.42 in Adoni Municipality under GGMP Funds vide Agreement No. 185/2023-24 dated 18.12.2023 and Supply Agreement No.273/2023-24, dated 23.02.2024 vide M.Book No.121/2023-24 for Adoni Municipality as illegal and arbitrary. Heard Sri Komma Vijaya Raj Kumar, learned counsel for
2. the Petitioner and Sri V.Sireesha Rani Vallabhaneni, learned Standing Counsel for the Respondent No.4-Municipality. At the time of hearing, the learned Standing Counsel for the
3. Respondent No.4-Municipality passed on written instructions. signed by the Commissioner, Adoni Municipality, wherein at Paragraph No.4 it was mentioned that the Writ Petitioner had executed the work as stipulated under agreement referred above and the bill amount was entered in CFMS portal, in the Head of
3 Account NO.8443001061129268001VN which is exclusively meant to GGMP Works and that the amounts will be paid. 4.
Further it was stated that the execution of work was recorded by Municipal Assistant Engineer and Check th Measurement by the Deputy Executive Engineer and the 5 respondent was verified and satisfied with the quality of the work executed by the Contractor, It was stated that the Municipality will be paying the amounts as and when the amounts are released under GGMP Programme, without any delay. In view of the aforesaid submissions and also considering
5. the fact that there is no dispute with regard to the execution of work and the amounts due to the Petitioner, this Court is inclined to dispose of the Writ Petition, with the consent of both sides and by placing the written instructions on record, with the following direction: (i) The Respondent authorities are
directed to pay the amounts due to the Writ Petitioner within a period of four (04) months from the date of receipt of the copy of this
order.
p f 4 ( to costs. Consequently There shall be no
order as miscellaneous applications, if any, pending shall stand closed.
Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The Principal Secretary to Government, Municipal Administration Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Thullur Mandal, Guntur District.
2. The Principal Secretary to Government, Finance Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Thullur Mandal, Guntur District.
3. The Commissioner, Adoni Municipality, Adoni, Kurnool District.
4. The District collector, Kurnool, Kurnool District.
5. The Municipal Engineer, Adoni Municipality, Kurnool District.
6. One CC to Sri Komma Vijaya Raj Kumar, Advocate [OPUC]
7. Two CCs to GP for Municipal Admn & Urban Development, High Court of Andhra Pradesh. [OUT]
8. Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh. [OUT]
9. One CC to Mrs. V. Sireesha Rani, SC for Municipality (OPUC) tO.Three C.D. Copies. Cnr
HIGH COURT DATED: 17/04/2025
ORDER WP.No.4951 of 2025 * 01 MAY 2025 Current Secuon ^ DISPOSING OF THE W.P.
WITHOUT COSTS