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N Rajendra Prasad v. the State of Ap

Andhra Pradesh HC26 Jan 2025WP/1108/2025

Case brief

AI extract

What is this about?

Contractor dues; writ of mandamus under Article 226; release of admitted bills of Rs. 3,14,096/-; non-payment despite finalized bills; Adoni Municipality; GGMP Funds 2023-24; Agreement No.220/2023-24; CFMS portal upload pending for lack of funds; three-month compliance direction; Articles 14 and 21 violation alleged; IA No.1 of 2025 under Section 151 CPC; disposed without costs; Justice V. Sujatha; Andhra Pradesh High Court, Amaravati.

What did the court decide?

Respondents directed to release Rs. 3,14,096/- to the petitioner within three (3) months from the date of receipt of a copy of the order; writ petition disposed of with no order as to costs; miscellaneous petitions, if any, closed. Interest sought in the prayer was not addressed in the operative direction. ¶60

N Rajendra Prasad Vs the State of Ap — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondents' non-release of pending due payments of Rs. 3,14,096/- to the petitioner for the executed CC road and CC drain work (E.W.No.17, Adoni Municipality, Agreement No.220/2023-24), despite the bills having been finalized, is illegal and arbitrary so as to warrant a writ of mandamus directing release of the amount.

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Court's answer

Since the bill amount claimed by the petitioner is an admitted bill, the Court found it appropriate to dispose of the writ petition directing the respondents to release Rs. 3,14,096/- to the petitioner within a period of three (3) months from the date of receipt of a copy of the order.

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Ratio / Principle

The Writ Petition is disposed of accordingly, with miscellaneous petitions pending, if any, standing closed.

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Detailed headnote1 paragraphs

High Court of Andhra Pradesh at Amaravati (Special Original Jurisdiction), Writ Petition No. 1108 of 2025, decided 27 January 2025 by V. Sujatha, J. The petitioner-contractor sought a writ of mandamus under Article 226 declaring illegal and arbitrary (violative of Articles 14 and 21) the respondents' failure to release pending due payments of Rs. 3,14,096/- for finalized bills pertaining to laying of CC road and CC drain at Ambedkar Nagar in E.W.No.17, Adoni Municipality, under Agreement No.220/2023-24 dated 20.01.2024 (M.Book No.146/2023-24) under GGMP Funds 2023-24, with interest. At hearing, the Government Pleader for Municipal Administration and Urban Development submitted that the amounts were admitted bills, not uploaded to the CFMS portal due to lack of funds. Holding the claim to be an admitted bill, the Court disposed of the writ petition directing the respondents to release Rs. 3,14,096/- within three months from receipt of a copy of the order, with no order as to costs; miscellaneous petitions, if any, stood closed.

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

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(Special Original Jurisdiction)

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MONDAY, THE TWENTY SEVENTH DAY OF JANUARY

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TWO THOUSAND AND TWENTY FIVE

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THE HON’BLE SMT JUSTICE V.SUJATHA

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WRIT PETITION NO: 1108 OF 2025

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Between:

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N. Rajendra Prasad, S/o N. Balamukunda Prasad, aged 63 years, R/o H.No.21-2-15/41,7th Road, SKD Colony, Adoni, Kurnool^District.

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...PETITIONER

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AND

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I Jhe State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Municipal Administration Department, Secretariat,

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Velagapudi, Amaravathi, Thullur Mandal, Guntur District.

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State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Finance Department, Secretariat, Velagapudi Amaravathi,^{ThullurMandal} Guntur District.

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Adoni Municipality, Rep By Its Commissioner Adoni,^{KurnoolDistrict.}

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The Municipal Engineer, Adoni Municipality, Kurnool^District.

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The District Collector (Municipality), Kurnool, Kurnool^District.

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...RESPONDENTS

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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^{writordirection} declaring the action of the respondents in not releasing the pending due payments of amount Rs. 3,14,096/- even after finalizing the bills, payable to

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the petitioner in relation to the work i.e., to Laying^{ofCCRoadandCCDrain} from D.No.21/503 to D.No.21/505/1 and from yamaha show room to D.No.21/515/310 at Ambedkar Nagar in E.W.No.17 in Adoni Municipality of Agreement.No.220/2023-24, dated 20.01.2024 vide M.Book No. 146/2023-24 for Adoni Municipality Under GGMP Funds 2023-24, 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. 3,14,096/- with interest for the pending bills forthwith for the above said work executed by the petitioner.

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lA NO: 1 OF 2025

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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 respondents to consider for pending^amount Bills of Rs. 3,14,096/- 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.

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Counsel for the Petitioner:SRI. KOMMA VIJAYA RAJ KUMAR

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Counsel for the Respondents No.1,5: GP MUNCIPAL ADMN AND URBAN

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DEVELOPMENT

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Counsel for the Respondent No. 2: GP FOR FINANCE AND PLANNING Counsel for the Respondents No. 3,4: M/s V SIREESHA RANI (SC FOR

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MUNICIPALITY)

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The Court made the following: ORDER

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APHC010011152025

IN THE HIGH COURT OF ANDHRA PRADESH

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AT AMARAVATI

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[3333]

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(Special Original Jurisdiction)

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MONDAY ,THE TWENTY SEVENTH DAY OF JANUARY

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TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SMT JUSTICE V.SUJATHA

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WRIT PETITION NO: 1108/2025

Between:

N Rajendra Prasad

...PETITIONER

AND

The State Of Ap and Others

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...RESPONDENT(S)

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Counsel for the Petitioner:

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KOMMA VIJAYA RAJ KUMAR

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Counsel for the Respondent(S):

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1.GP MUNCIPAL ADMN AND URBAN DEVAP

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2.GP FOR FINANCE PLANNING

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The Court made the following:

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i /

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ORDER:

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The present Writ Petition came to be filed under Article²²⁶ of the Constitution of India seeking the following relief:-

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“...to issue a Writ, Order, or Direction more particularly^{oneinthenature} 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. 3,14,096/- even after finalizing the bills, payable to the petitioner in relation to the work i.e., to Laying of CC Road and CC Drain from D.No.21/503 to D.No.21/505/1 and from yamaha^showroom to D.No.21/515/310 at Ambedkar Nagar in E.W.No.17 in Adoni Municipality of Agreement.No.220/2023-24, dated 20.01.2024 vide M.Book No. 146/2023-24 for Adoni Municipality Under^GGMPFunds 2023-24, as illegal, arbitrary and violative of Art^{14and21ofConstitution} of India and consequently direct the respondent authorities^toreleasethe pending amounts of Rs. 3,14,096/- with interest for the pending bills forthwith for the above said work executed by the petitioner and pass.

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Heard learned counsel for the petitioner and learned counsel appearing for the respondents.

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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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Today, when the matter came up for hearing, learned Government Pleader for Municipal Administration and Urban Development^{submittedthat} the amounts payable to the petitioner are admitted bills. However, due to lack of funds, the bill amounts have not been uploaded in the CFMS portal.

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In view of the above instructions, since the bill amount claimed by the petitioner is an admitted bill, this Court feels it appropriate to dispose of the writ petition directing the respondents to release amount of Rs.3,14,096/- to the petitioner within a period of three (3) months from the date of receipt of a copy of this order.

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Accordingly, the Writ Petition is disposed of. There^{shallbenoorderas} to costs.

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Miscellaneous petitions pending, if any, in this Writ^{Petitionshallstand}

closed.

To,

//TRUE COPY//

Sd/-A.VIJAYABABU ASSISTANT REGISTRAR SECTION OFFICER

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1: the Principal Secretary, State of Andhra Pradesh, Municipal Administration Department, Secretariat, Velagapudi, Amaravathi, Thullur _ Guntur District.

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