Extracted from the PDF above. The PDF is authoritative.
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APHC010705972025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY,THE FIFTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 36678/2025 Between:
1. S.P. MUSTAQ AHMED, S/O. P.AKBAR SAHEB, AGED ABOUT 57 YEARS, R/O. H.NO.32/192, GADDA STREET, KURNOOL, KURNOOL DISTRICT-518001. ...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY,
DEPT OF MUNICIPAL ADMINISTRATION, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.522238
2. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT - 522238
3. THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, PADMINI KRISHNA ENCLAVE, ANNAPURA NAGAR, 5TH LANE, 4/7 INNER RING ROAD, GORANTLA-522034, GUNTUR, ANDHRA PRADESH
4. ANDHRA PRADESH CENTER FOR FINANCIAL SYSTEMS AND SERVICES APCFSS, REP. BY ITS CEO, GOVERNMENT OF ANDHRA PRADESH, 6TH FLOOR, C-BLOCK, ANJANEYA TOWERS IBRAHIMPATNAM, KRISHNA DISTRICT -521456
5. THE DISTRICT COLLECTOR, KURNOOL DISTRICT, ANDHRA
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PRADESH 518001
6. KURNOOL MUNICIPAL CORPORATION, REP BY ITS COMMISSIONER, KURNOOL, KURNOOL DISTRICT, ANDHRA PRADESH
7. PAY AND ACCOUNTS OFFICER, KURNOOL, KURNOOL DISTRICT, ANDHRA PRADESH
...RESPONDENT(S): 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 topleased to issue Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in not paying the admitted net amounts of Rs.3,76,331-00 (Rupees Three Lakhs Seventy - Six Thousand Three Hundred Thirty One Only) for the work of Construction of CC Drain from D.No.41/317-A to 41/320-A and Culvert at Sachivalayam No. 127 in Kothapeta in Ward No.50 Under GGMP Grant, due to the petitioner as per the proceedings vide.
Proc.No.671/GGMP/DySO 1/2022, dated 05.01.2023 of the District Collector, Kurnool and as per the agreements held for the work between the petitioner and the Kurnool Municipal Corporation, Kurnool i.e., respondent No.6 as illegal, arbitrary, contrary to the principles of natural justice and in violation of the Art 14, 19 and 21 of the Constitution of India and consequently direct the respondents to make the payment of an amount of Rs.3,76,331-00 forthwith along with an interest of 24percent p.a to the petitioner for the above works and pass IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to immediately pay an amount of Rs. 3,76,331-00 to the petitioner, pending disposal of this writ petition and pass Counsel for the Petitioner:
1. SHAIK MOHAMMED ISMAIL Counsel for the Respondent(S):
1. POTHAM VENGALA REDDY SC For M.Corporation in Rayalaseema region In
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2. GP MUNCIPAL ADMN AND URBAN DEV AP
3. GP FOR FINANCE PLANNING The Court made the following:
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ORDER:-
The learned counsel for the petitioner submits that the petitioner has awarded the work of Construction of CC Drain from D.No.41/317-A to 41/320- A and Culvert at Sachivalayam No.127 in Kothapeta in Ward No.50 Under GGMP Grant vide M.Book No.676/23-24 under Administrative Sanction Proceedings Vide Proc.No.671/GGMP/DySO1/2022, dated 05.01.2023 of District Collector, Kurnool.
2. The learned counsel further submits that the petitioner duly executed the work and thereafter submitted final bills for an amount of Rs.3,76,331/-. It is submitted that the said final bills were duly endorsed by the competent authority. A statement detailing the works executed by the petitioner was prepared, and the progress of the works was recorded in the M-book. However, in spite of the completion of all procedural formalities, the payment towards the completed works has not been released till date.
3. Heard the submissions of the learned counsel for the petitioner and Mr. Vengal Reddy, learned Standing Counsel representing for Municipal Corporation.
4. During the course of hearing, the learned Standing Counsel appearing for the Municipal Corporation does not dispute the submissions made by the petitioner with respect to the completion of work undertaken.
5. Considering the submissions, the concerned respondents are hereby
directed to verify and release the payments due payable to the petitioner as
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expeditiously as possible preferably within a period of three (03) weeks from the date of receipt of a copy of this order.
6. Accordingly, this writ petition is disposed off. There shall be no order as to costs.
7. Pending miscellaneous petitions, if any, shall stand closed.
__________________ JUSTICE V.SUJATHA Date: 05.01.2026 KGR