N. Rajendra Prasad, Vs State of Andhra Pradesh

State of Andhra Pradesh, 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. 5. 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^{thependingdue} payments of amount Rs. 14,46,446/- even after finalizing the bills, payable to the petitioner in relation to the work i.e., to Laying of CC Road from D.No.1/541/163 to 1/541/115 and 1/541/161 to 1/541/51 in Raghavendra colony and Sherkhan colony in E.W. No.06 in Adoni municipality of Agreement.No.277/2023-24. dated 21.02.2024 vide Municipality M.Book

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No. 172/2023-24 for Adoni Municipality Under GGMP Funds (2nd call) 2023-24, as illegal, arbitrary and violative of Art^14and21 of Constitution of India and consequently direct the respondent authorities^toreleasethe pending amounts of Rs. 14,46,446/- 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 the respondents to consider for Pending^{Amountbillsof} Rs. 14,46,446/- with interest for the work executed by the petitioner for the various work in Adoni Municipality Under GGMP Funds (2"*^ call) 2023-24 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: GP FOR MUNICIPAL ADMN^URBANDEV Counsel for the Respondents: GP FOR FINANCE & PLANNING

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The Court made the following order:

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APHC010011212025

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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: 961/2025

Between:

N. Rajendra Prasad,

...PETITIONER

AND

State Of Andhra Pradesh 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 FOR MUNCIPAL ADMN URBAN DEV

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2.GP FOR FINANCE PLANNING

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The Court made the following:

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ORDER:

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The present Writ Petition came to be filed under Article²²⁶ of the

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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. 14,46,446/- even after finalizing the bills, payable to the petitioner in relation to the work i.e., to Laying of CC Road from D. No. 1/541/163 to 1/541/115 and 1/541/161 to 1/541/51 in Raghavendra colony and Sherkhan colony in E.W. No.06^inAdoni of Agreement.No.277/2023-24. dated 21.02.2024 videMunicipality M.Book No. 172/2023-24 for Adoni Municipality Under GGMP Funds (2nd call) 2023-24, as illegal, arbitrary and violative of Art^{14and21ofConstitution} of India and consequently direct the respondent authorities^to release the pending amounts of Rs. 14,46,446/- with interest for the pending bills forthwith for the above said work executed by the petitioner and pass such...”

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')

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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 submitted that the amounts payable to the petitioner are admitted bills. However due to lack

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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. 14,46,446/- 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 shall be no order as to costs.

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Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed.

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SD/- A VENUGOPALA RAO ASSISTANT R^ISTRAR ^3ECTI^OFFICER

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//TRUE COPY//

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To, 1. The Principal Secretary to Government, Municipal Administration Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Thullur Mandal, Guntur District. * o* + f

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1. The Principal Secretary to Government, Finance Department,^Stateor Andhra Pradesh, Secretariat, Velagapudi, Amaravathi,^{ThullurMandal,} Guntur District. , r>* • *

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1. The Commissioner, Adoni Municipality, Adoni, Kurnool^District. 4. The Municipal Engineer, Adoni Municipality, Kurnool^District. 5. The District Collector (Municipality), Kurnool, Kurnool^District. 6. One CC to Sri Komma Vijaya Raj Kumar, Advocate [OPUC] 7. Two CCs to GP for Municipal Administration & Urban^Development, High Court of Andhra Pradesh. [OUT] , „ r, ^ u

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