Itta v. M/S Parvathi Combines, Visakhapatnam

‘I IN THE HIGH COURTOF ANDHRAPRADESH :: AMARAVATI(Special Original Jurisdiction) MONDAY, THE TENTH DAY OF FEBRUARYTWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 1945 OF 2025 Between: Koyinana VenkataSanyasiRao,S/oK.SatyamAge:45years,Occ:Business,R/oD.No.14-36-17,LakshmiResidency,K.L.RaoNagar,Opp:Saibaba Temple, B.C.Road, Gajuwaka, Visakhapatnam-530026. ...PETITIONER AND 1. The State of Andhra Pradesh, rep by its Principal Secretary, FinanceDepartment, Secretariat, Amaravathi, Guntur District.Department, Secretariat, Amaravathi, Guntur District. 2. The State of Andhra Pradesh, rep by its Principal Secretary, MunicipalAdministration Department, Secretariat, Amaravathi,[Guntur][ District.]Administration Department, Secretariat, Amaravathi,[Guntur][ District.] 3. The District Collector, Visakhapatnam District at Visakhapatnam. 4. The Greater Visakhapatnam Municipal Corporation, Visakhapatnam,Rep. by its Commissioner.Rep. by its Commissioner. 5. The Engineer-in-Chief, Municipal Adiministration Vijayawada,N.T.R.District.District. 6. The Executive Engineer, Grater Visakhapatnam Municipal CorporationVisakhapatnam.Visakhapatnam. 7. The Superintending Engineer, Grater Visakhapatnam MunicipalCorporation, Visakhapatnam.Corporation, Visakhapatnam. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that inthe circumstances stated in the affidavit filed therewith, the High Court maybe pleased to issue a Writ, order or direction more[particularly][ one]in the nature of WRIT OF MANDAMUS, declaring the action of[the][ respondents][ in]not releasing the admitted bills to a tune of an amount[of][ Rs.][ 17,55,532/-]towards final settlement of the bill to the petitioner[for][ the] completed work[ of]Constructionof SW drain,culvert and CC road at Bhanojithotain WardNo.65 of Gajuwaka Zone of GVMC, work as illegal, arbitrary[violative][ of]principles of natural justice and also voilative of[Articles]14,19,21and300- A of Constitution of India and consequently to direct the respondents topay the same alongwith 18%interest per annum andalsocostsandcompensation. lA NO: 1 OF 2025 Petition under Section 151 CPC praying thatin the[circumstances]stated in the affidavit filed in support of the petition, the High Court may bepleased to direct the respondents to pay the admitted[bills][ to][ a tune][ of][ an]amountofRs.17,55,532/-towardsfinalsettlementofthebilltothepetitioner for the completed work of Construction of [ drain,][ culvert][ and]CC road at Bhanojithota in Ward No.65 of Gajuwaka Zone[of][ GVMC,][ work]pending disposal of the Writ Petition.Counsel for the Petitioner:SRI P.V.V.SATYANARAYANACounsel for the Respondent No.1: GP FOR FINANCE & PLANNINGCounsel for the Respondent Nos.2, 3 & 5: GP FOR MUNICIPAL ADMINISTRATION & URBAN DEVCounsel for the Respondent Nos. 4, 6 & 7: SRI A.S.C.BOSE, [ FOR]MUNC & MUNC CORPORATIONThe Court made the following:ORDER APHC010033462025 IN THE HIGH COURT OF ANDHRA PRADESHAT AMARAVATI(Special Original Jurisdiction) [3333] MONDAY, THE TENTH DAY OF FEBRUARYTWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT. JUSTICE V.SUJATHAWRIT PETITION No.1945 of 2025 Between: Koyinana Venkata Sanyasi Rao ...PETITIONER AND The State of AP and others ...RESPONDENT(S) Counsel for the Petitioner: 1. P V V SATYANARAYANA Counsel for the Respondent{S): 1 .GP FOR MUNCIPAL ADMN URBAN DEV 2.GP FOR FINANCE PLANNING 3. ASC BOSE, STANDING COUNSEL The Court made the following: ORDER: This writ petition, under Article 226 of the Constitution of India, is filed seeking the following relief: APHC010033462025 IN THE HIGH COURT OF ANDHRA PRADESHAT AMARAVATI(Special Original Jurisdiction) [3333] MONDAY, THE TENTH DAY OF FEBRUARYTWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT. JUSTICE V.SUJATHAWRIT PETITION No.1945 of 2025 Between: Koyinana Venkata Sanyasi Rao ...PETITIONER AND The State of AP and others ...RESPONDENT(S) Counsel for the Petitioner: 1. P V V SATYANARAYANA Counsel for the Respondent{S): 1 .GP FOR MUNCIPAL ADMN URBAN DEV 2.GP FOR FINANCE PLANNING 3. ASC BOSE, STANDING COUNSEL The Court made the following: ORDER: This writ petition, under Article 226 of the Constitution of India, is filed seeking the following relief: “..to issue aWrit, order or direction more particularlyone in the nature of Writ of Mandamus, declaring the[action][ of]the respondents in not releasing the admitted bills[to][ a][ tune][ of]an amount of Rs. 17,55,532/- towards final settlement[of the][ bill]to the petitioner for the completed work of construction[of][ SW]drain, culvert and CC road at Bhanojithota In Ward[No.65][ of]Gajuwaka Zone of GVMC,asillegal,arbitrary,violativeofprinciples of natural justice and also violative of articles[ 14, 19,]21 and 300-Aof Constitution of India and consequently[to]directthe respondentsto paythe same alongwith18%interest per annum and also costs and compensation[and]pass such other order or orders as this Hon’ble Court maydeem fit and proper in the circumstances of the case.” 2.Heard learned counsel for the petitioner, learned GovernmentPleaderforFinance&PlanningrepresentingrespondentNo.1,learned Government Pleader for Municipal Administration[&]UrbanDevelopment representingrespondent Nos.2,3 &5, andlearnedStanding Counsel representing respondent Nos.4, 6 &[7.]PleaderforFinance&PlanningrepresentingrespondentNo.1,learned Government Pleader for Municipal Administration[&]UrbanDevelopment representingrespondent Nos.2,3 &5, andlearnedStanding Counsel representing respondent Nos.4, 6 &[7.] 3.Learned counsel for the petitioner submits that even though therespondents admitted that the petitioner is entitled for payment of theaforesaid sum of Rs.17,55,532/- for the works executed by him, nopayment is being made and such non-payment of money is clearlyarbitrary and unjustified and, therefore, requires interference by thisCourt.respondents admitted that the petitioner is entitled for payment of theaforesaid sum of Rs.17,55,532/- for the works executed by him, nopayment is being made and such non-payment of money is clearlyarbitrary and unjustified and, therefore, requires interference by thisCourt. 4.At the time of hearing, learned Standing Counsel for the 4threspondent-corporationfurnishedacopyofwritteninstructionsreceived from the Executive Engineer. Zone-VI of the Corporation,whereinit is stated that the amount payable to thepetitioneris anadmitted bill and after completion of the work by the petitioner, the billwas recommended and sent to the Examiner of Accounts, GVMCtobe further submitted to the Pay & Accounts OfficersVisakhapatnam,and as part of process, the bill was uploaded in CFMS portal. 5.In view of the above instructionssince the bill amount claimedby the petitioner is an admitted bill, this Court feelsitappropriate todispose of the writ petition, directing the respondents to release theadmitted bill amount of Rs. 17,55,532/- (Rupees Seventeen LakhsFiftyFive Thousand Five Hundred and Thirty Two only) to the petitioner,within a period of three (3) months from the date of receipt of a copyof this order.since the bill amount claimedby the petitioner is an admitted bill, this Court feelsitappropriate todispose of the writ petition, directing the respondents to release theadmitted bill amount of Rs. 17,55,532/- (Rupees Seventeen LakhsFiftyFive Thousand Five Hundred and Thirty Two only) to the petitioner,within a period of three (3) months from the date of receipt of a copyof this order. 5.In view of the above instructionssince the bill amount claimedby the petitioner is an admitted bill, this Court feelsitappropriate todispose of the writ petition, directing the respondents to release theadmitted bill amount of Rs. 17,55,532/- (Rupees Seventeen LakhsFiftyFive Thousand Five Hundred and Thirty Two only) to the petitioner,within a period of three (3) months from the date of receipt of a copyof this order.since the bill amount claimedby the petitioner is an admitted bill, this Court feelsitappropriate todispose of the writ petition, directing the respondents to release theadmitted bill amount of Rs. 17,55,532/- (Rupees Seventeen LakhsFiftyFive Thousand Five Hundred and Thirty Two only) to the petitioner,within a period of three (3) months from the date of receipt of a copyof this order. 6.With the above direction, the Writ Petition is disposedorder as to costs. of. No Interlocutory applications,if any, pendingin this writpetitionshall stand closed. Sd/- K. TATA RAODEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Finance Department, State[of][ Andhra][ Pradesh]Secretariat, Velagapudi, Amaravathi, Guntur District.Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Principal Secretary, Municipal Administration[Department,][ State][ of]Andhra Pradesh, Secretariat, Velagapudi, Amaravathi,[Guntur][ District.]Andhra Pradesh, Secretariat, Velagapudi, Amaravathi,[Guntur][ District.]3. The District Collector, Visakhapatnam District at[Visakhapatnam.]4. The Commissioner, Greater Visakhapatnam Municipal[Corporation,]Visakhapatnam.4. The Commissioner, Greater Visakhapatnam Municipal[Corporation,]Visakhapatnam.5. The Engineer-in-Chief, Municipal Adiministration[Vijayawada,][ N.T.R.]District.District.6. The Executive Engineer, Grater Visakhapatnam Municipal[Corporation,]Visakhapatnam.Visakhapatnam.7. The Superintending Engineer, Grater Visakhapatnam[Municipal]Corporation, Visakhapatnam.Corporation, Visakhapatnam.8. One CC to Sri P.V.V.Satyanarayana, Advocate 9. Two CCs to GP for Finance & Planning, High Court[of][ Andhra][ Pradesh.] 9. Two CCs to GP for Finance & Planning, High Court[of][ Andhra][ Pradesh.] 10.Two CCs to GP for Municipal Administration & UrbanDevelopment, High Court of Andhra Pradesh. Development, High Court of Andhra Pradesh. 11.One CC to Sri A.S.C.Bose, SC for MUNC & MUNC Corporation. 12.Three CD Copies.gigi HIGH COURT DATED:10/02/2025 ORDERWP.No.1945 of 2025 g0 5 MAR mf.Current deciion,»%a£!^SPATCH«5-^ DISPOSING OF THE WRIT PETITIONWITHOUT COSTS