Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 4750 OF 2025 Between: Khatal Shafiulla, S/o Murthuja Saheb, aged 49 years, R/o H.No.21/2-4-2,SKD Colony, 6th road. Near CSI Church, Adoni, Kurnool District-51830 1. ...PETITIONER AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Municipal Administration Department, Velagapudi, Amaravathi, Thullur Mandal, Guntur District. 2. State of Andhra Pradesh, Principal Secretary to Government, Finance Department, Secretariat, Velagapudi Amaravathi, Thullur Mandal, Guntur District. 3. The Adoni Municipality, Rep By its Commissioner, Adoni, Kurnool District. 4. The district collector, Kurnool, Kurnool District. 5. The Municipal Engineer, Adoni Municipality, Kurnool District. Secretariat, ...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 in the nature of WRIT OF MANDAMUS or any other appropriate writ direction declaring the action of the respondents in not releasing the pending due payments of amount Rs. 1,86,449/- even after finalizing the bills, payable to the petitioner in relation to the work i.e to Laying of 300mm CC Drain from D.no.5/557 to pole no. D3/136/22, from pole no. D3/109/8 to one or
'.-r I ff Main Road and from D.no. 5/164 to D.no. 5/2495 in E.w.no.42 in Adoni Municipality Under GGMP Funds of Agreement.No.184/2023-24, . dated14.12.2023 & Supply.Agt.No.325/2023-24, Dated 15.03.2024 vide M'Bdok No. 128/2023-24 for Adoni Municipality Under GGMP Funds vv 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. 1,86,449/- with interest for the pending bills forthwith for the above said work executed by the petitioner. lA NO: 1 OF 2025 9 - as 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 difect respondents to consider for Pending Amount Bills of Rs. 1,86,449/- 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 No’s. 1 & 4: GP MUNCIPAL ADMN AND URBAN DEV Counsel for the Respondent No.2: GP FOR FINANCE & PLANNING Counsel for the Respondent No’s; 3 & 5: SMT V SIREESHA RANI, SC FOR MUNICIPALITY The Court made the following ORDER:
/ APHC010085842025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Orijiinal Jurisdiction) [3460] MONDAY .THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 4750/2025 Between: ' Khatal Shafiulla ...PETITIONER AND The State Of Andhra Pradesh and Others Counsel for the Petitioner:
1. KOMMA VIJAYA RAJ KUMAR Counsel for the Respondent(S):
1.GP MUNCIPAL ADMN AND URBAN DEVAP The Court made the following: ...RESPONDENT(S)
2 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO.4750 OF 2025
ORDER; The present Writ Petition is filed by the Petitioner against the Respondents for payment of Rs. 1,86,449/- due to the Petitioner by the Respondents pursuant to the works executed by him in Adoni Municipality. 2. The case of the Petitioner is that he had been awarded the following contract of works vide Agreement No. 184/2023-24, dated 14.12.2023 and Supply Agreement No. 325/2023-24, dated 15.03.2024:
“
1. Laying of 300mm CC Drain from D.No.5/557 to Pole NO.D3/136/22,
2. from Pole No.D3/109/8 to Main Road and
3. From D.No.5/164 to D.No.5/2495 in E.W.No.42 in Adoni Municipality under GGMP Funds.”
3. After execution of the said work, a final bill was prepared for a sum of Rs.1,86,449/- as per the sanctioned orders. As the payment of the said amount has not been made by the respondents, the Petitioner has approached this Court by way of the present Writ Petition. 4
3
3. It is the contention of the petitioner that even though the respondents admitted that the petitioner is entitled for payment of the aforesaid sum of money, no payment is made. 4. Smt Sireesha Rani, learned Standing Counsel appearing for the Respondent Nos. 3 to 5 on instructions submitted that the respondent No.4 was verified and satisfied with the quality of work executed by the Petitioner and that the amounts could not be paid to the Petitioner for want of funds in GGMP works account and that the respondents undertake to make payment as and when funds are available. 5. Recording the submission of the Standing Counsel for the Respondent Nos. 3 to 5, the present Writ Petition is disposed of with a direction to the respondents to make payment to the Petitioner along with Security Deposit within a period of Two (02) months from today. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The Principal Secretary to Government, Department Municipal Administration Velagapudi, State of Andhra Pradesh, Secretariat, Amaravathi, Thullur Mandal, Guntur District. k.
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.
OneCCto SMT V SIREESHA RANI, SC FOR MUNICIPALITY [OPUC]
8. Two CCS to GP FOR MUNCIPAL ADMN AND URBAN DEV, High Court Of Andhra Pradesh. [OUT]
9. Two CCS to GP FOR FINANCE & PLANNING, High Court Of Andhra Pradesh. [OUT] Three CD Copies k-
10. PRK
HIGH COURT DATED:03/03/2025
ORDER I 19MAR2D25 ^ . Curreni liecuon ^ WP.No.4750 of 2025 <y mi Co DISPOSING OF THE W.P. WITHOUT COSTS