U G Nooka Raju Vs the State of Andhra Pradesh

U G NOOKA RAJU, S/O. SATYANARAYANA, AGED A BOUT YEARS, OCC CONTRACT O R, R/O. D.NO.2-43-2, POLA NO.5 4 , NEAR ABC PARCEL, MVP C O LONY, SECTOR - 6, VISAKHAPAT N AM - 530023

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...PETITIONER

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AND

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THE STATE OF A NDHRA PRADESH, REP. BY I T S PRINCIPAL SECRETARY, M UNICIPAL ADMINISTRATION A N D URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT,AMARAVATHI, GUNTUR DISTRIC T .

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THE DIRECTOR OF MUNICIPAL ADMINISTRATI O N, GUNTUR, GUNTUR DISTRIC T .

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THE DISTRICT COLLECTOR, VISAKHAPATNAM.

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THE GRATER VIS A KHAPATNAM MUNICIPAL CORPORATION, REP. BY ITS COMMISSI O NER, VISAKHAPATNAM.

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THE CHIEF ENG I NEER, GRATER VISAKHAPATNA M MUNICIPAL CORPORATION, V ISAKHAPATNAM.

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THE EXECUTIVE ENGINEER III, GRATER VIS A KHAPATNAM MUNICIPAL CORP O RATION, VISAKHAPATNAM.

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THE STATE OF A NDHRA PRADESH, REP. BY I T S PRINCIPAL SECRETARY, FINANCE AND PLANNING D EPARTMENT SECRETARIAT, A M ARAVATHI, GUNTUR DISTRICT

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...RESPONDENT(S):

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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 topleased to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents in withholding the undisputed bill amounts payable to the petitioner in respect of work i.e.. Construction of CC Road from D.No.48-12-12 to 48-5-45 in Ward No.27 of Zone-Ill, GVMC vide Agreement No. 105/2023-24/EE-lll/DB/Dt.11.07 .2023, even after finalizing the bills as illegal arbitrary and contrary to the Principles of natural justice and consequently direct the respondents to undisputed bill amount of Rs. 11,52,350/-, payable to the petitioner in respect of execution of afore mentioned work vide Agreement No. 105/2023-24/EElll/DB/Dt.11.07.2023 along with interest @ 18 percentage p.a. from the date of recording of bills forthwith and pass

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IA 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 pleased to direct the respondents to pay undisputed bill amount of Rs. 11,52,350/-, payable to the petitioner in respect of work done i.e.. Construction of CC Road from D.No.48-12-12 to 48-5-45 in Ward No.27 of Zone-Ill, GVMC, vide Agreement No. 105/2023-24/EE-lll/DB/Dt.11.07.2023, pending disposal of the Writ Petition and pass

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Counsel for the Petitioner:

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1.C SUBODH

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Counsel for the Respondent(S):

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1.GP FOR REVENUE

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2.GP MUNCIPAL ADMN AND URBAN DEV AP

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3.GP FOR FINANCE PLANNING

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The Court made the following:

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THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.16656 of 2025

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ORDER :

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The learned counsel for the petitioner submits that the petitioner has awarded work i.e., Construction of CC Road from D.No.48-12-12 to 48-545 in ward No.27 of Zone – III of GVMC, vide agreement No.105/202324/EE-III/DB/Dt.11.07.2023.

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The learned counsel further submits that the petitioner duly executed all the works and thereafter submitted final for an amount of Rs.11,52,350/and the final bills were duly endorsed by the competent authority. A statement detailing the works executed by the petitioner was prepared, progress of the work was recorded in the M-book. The Quality Control Report was also filed by the petitioner. However, in spite of the completion of all procedural formalities, the payment towards the completed works has not been released till date.

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Heard the submissions of the learned counsel for the petitioner, the learned Government Pleader for Municipal Administration & Urban Development, Sri.A.S.C.Bose, the learned Standing Counsel for the respondents 4o 6 and the learned Assistant Government Pleader for Finance and Planning.

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During the course of hearing, the learned Standing Counsel appearing for the respondents 4 to 6 does not dispute the submissions made by the petitioner with respect to the completion of the work undertaken and with regard to the non-payment of bills due to paucity of funds.

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Considering the submissions, concerned respondent is hereby directed to verify and release the payments due payable to the petitioner as expeditiously as possible preferably within a period of four weeks from the date of receipt of a copy of this order.

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