Disposed¶60

N Rajendra Prasad v. the State of Ap

Andhra Pradesh HC26 Jan 2025WP/1150/2025

Case brief

AI extract

What is this about?

Search terms: admitted bill; finalised/pending bills; CFMS portal upload; lack of funds; GGMP Funds (3rd call) 2023-24; Agreement 276/2023-24; E.W.No.36; Adoni Municipality; Kurnool; mandamus for release of dues; Rs. 17,29,879; three-month deadline; Article 226; Articles 14 and 21; Section 151 CPC interim application; no costs. Useful for practitioners seeking time-bound directions to State/Municipal authorities to release admitted or finalised contractor bills withheld on grounds of fund constraints.

What did the court decide?

Writ petition disposed of with a direction to the respondents to release the admitted sum of Rs. 17,29,879/- to the petitioner within three (3) months from receipt of a copy of the order; no order as to costs; miscellaneous petitions, if any, closed. Interest as sought in the prayer was not expressly awarded.

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' failure to release the pending due payment of Rs. 17,29,879/- to the petitioner, despite the bills having been finalised (later conceded as admitted bills), is illegal and arbitrary so as to warrant a writ of mandamus directing release of the amount (with interest, as prayed) for the CC road and CC drain work executed under Agreement.No.276/2023-24 in Adoni Municipality.

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Court's answer

Treating the bill amount claimed by the petitioner as an admitted bill, the Court found it appropriate to dispose of the writ petition by directing the respondents to release Rs. 17,29,879/- to the petitioner.

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Ratio / Principle

Release of Rs. 17,29,879/- was directed to be made within a period of three (3) months from the date of receipt of a copy of the order.

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Detailed headnote1 paragraphs

High Court of Andhra Pradesh at Amaravati, Writ Petition No. 1150 of 2025, decided 27/01/2025 by V. Sujatha, J. Contractor N. Rajendra Prasad, who executed the work of Laying of CC Road and CC Drain at City press compound, E.W.No.36, Adoni Municipality (Kurnool District), under Agreement.No.276/2023-24 dated 21.02.2024 under GGMP Funds (3rd call) 2023-24, sought a writ of mandamus declaring unlawful the respondents' non-release of pending dues of Rs. 17,29,879/- despite finalised bills, as violative of Articles 14 and 21. The Government Pleader informed the Court that the amounts were admitted bills, not uploaded to the CFMS portal for want of funds. Treating the claim as an admitted bill, the Court disposed of the petition, directing the respondents to release Rs. 17,29,879/- within three months of receipt of the order, with no order as to costs and miscellaneous petitions closed.

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[3333 ]

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IN THE HIGH COURT OF ANDHRA PRADESH AT 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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PRESENT

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THE HONOURABLE SMT JUSTICE V.SUJATHA /

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WRIT PETITION NO: 1150 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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The State of AP, Rep. by its Principal Secretary to Government, Municipal Administration Department, Secretariat, 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 Thullur Mandal, 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,^{KurnoolDistrict.} ^

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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. 17,29,879/- even after finalizing the bills, payable to the petitioner in relation to the work i.e., to Laying of CC Road and CC Drain at City press compound in E.W.No.36 in Adoni Municipality of Agreement.No.276/2023-24, dated 21.02.2024 vide M.Book^No.174/2023- 24 for Adoni Municipality Under GGMP Funds (3rd call) 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. 17,29,879/- 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^{AmountBillsofRs.} 17,29,879/- with interest for the work executed by the petitioner for the various works 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 1 & 5: GP MUNCIPAL ADMN^ANDURBAN DEV AP

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Counsel for the Respondents 2: GP FOR FINACNE PLANNING

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Counsel for the Respondents 3 & 4: SIREESHA RANI VALLABHANENI, SC FOR MUNCIPALITY

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The Court made the following: ORDER

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APHC010011052025

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f’

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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: 1150/2025

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 DEV AP

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2.GP FOR FINANCE PLANNING

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The Court made the following:

ORDER:

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^{thependingdue} payments of amount Rs. 17,29,879/- even after finalizing the bills, payable to the petitioner in relation to the work i.e.,^{toLayingof CCRoad} and CC Drain at City press compound in E.W.No.36 in^{AdoniMunicipality} of Agreement.No.276/2023-24, dated 21.02.2024 vide M.Book No. 174/2023-24 for Adoni Municipality Under GGMP Funds^(3rd call) 202324, as illegal, arbitrary and violative of Art 14 and^21of Constitution of India and consequently direct the respondent authorities^to release the pending amounts of Rs. 17,29,879/- with interest for^the pending bills forthwith for the above said work executed by the petitioner^andpass.

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Heard learned counsel for the petitioner and learned^{counselappearing} 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^{suchnon-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}

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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. 17,29,879/- 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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