Y Venkateshwara Rao vs. The Regional Joint Director Of School

Final Order
Court:High Court of Andhra Pradesh
Judge:Hon'ble Sumathi Jagadam
Case Status:Dismissed
Order Date:14 Aug 2024
CNR:APHC010573562022

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Order Issued After Hearing

Purpose:

Admission (Education )

Before:

Hon'ble Sumathi Jagadam

Listed On:

13 Aug 2024

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Order Text

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATl^ (Special Original Jurisdiction)

MONDAY, THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SMT JUSTICE V.SUJATHA^

WRIT PETITION NO: 1804 OF 2025

Between:

P.Y.Naidu, S/o Simhachalam, Age: 56 years, Occ: Business, R/o D.No.3-41, Chintala Gorlivani Palem, Desapathruni Palem, Parawada, Visakhapatnam.

...PETITIONER-

AND

    1. The State of Andhra Pradesh, rep by its Principal Secretary, Finance Department, Secretariat, Amaravathi, Guntur District.
    1. The State of Andhra Pradesh, rep by its Principal Secretary, Municipal Administration Department, Secretariat, Amaravathi, Guntur District.
    1. The District Collector, Visakhapatnam District at Visakhapatnam.
    1. The Greater Visakhapatnam Municipal Corporation, Visakhapatnam, Rep. by its Commissioner
    1. The Engineer-in-Chief, Municipal Adiministration Vijayawada, N.T.R. District.
    1. The Executive Engineer, Grater Visakhapatnam Municipal Corporation, Visakhapatnam.
    1. The Superintending Engineer, Grater Visakhapatnam Municipal Corporation, Visakhapatnam.

...RESPONDENTS

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to Issue a Writ, order or direction more particularly one in the nature of WR/T OF MANDAMUS, declaring the action of the respondents in, may

not releasing the admitted bills to <sup>a</sup> tune of an amount of Rs.9,25,026/ towards final settlement of the bill to the petitioner for the completed Construction of Community Hall at Desapatrunipalem-02 in Ward No.79 of Gajuwaka Zone of GVMC. (GGMP), as illegal, arbitrary violative of principles of natural justice and also voilative of Articles 14, 19, <sup>21</sup> A of Constitution of India and consequently to direct the respondents the same along with 18% interest compensation. work of and 300 to pay per annum and also costs and

lA NO: <sup>1</sup> OF 2025

Petition under Section <sup>151</sup> 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 pay the admitted bills to amount of Rs.9,25,026/- towards final settlement of the bill to the petitioner for the completed work of Construction Desapatrunipalem-02 in Ward No.79 of Gajuwaka Zone of GVMC, (GGMP) pending disposal of the Writ Petition. a tune of an of Community Hall at

Counsel for the Petitioner: SRI P.V.V.SATYANARAYANA Counsel for the Respondent No.1: GP FOR FINANCE & PLANNING Counsel for the Respondent Nos.2, 5 to 7: GP FOR MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT

Counsel for the Respondent No.4: SRI A.S.C.BOSE, SC FOR MUNC & MUNC CORPORATION

The Court made the following: ORDER

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333]

MONDAY, THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SMT JUSTICE V.SUJATHA

WRIT PETITION NO: 1804/2025

Between:

...PETITIONER P.Y.Naidu

AND

The State of Andhra Pradesh and others ...RESPONDENT(S)

Counsel for the Petitioner:

  1. <sup>P</sup> VV SATYANARAYANA

Counsel for the Respondent(S):

  • 1.GP FOR MUNCIPAL ADMN URBAN DEV
  • 2.GP FOR FINANCE PLANNING

The Court made the following:

-4^

ORDER:

/

This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief;

to issue <sup>a</sup> 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 <sup>a</sup> tune of an amount of Rs.9,25,026/- towards final settlement of the bill to the petitioner for the completed work of construction of Community Hall at Desapatrunipalem-02 in Ward No. <sup>79</sup> of Gajuwaka Zone of GVMC, (GGMP), as illegal, arbitrary violative of principles of natural justice and also voilative of articles 14, 19, 21 and 300A of Constitution of India and consequently to direct the respondents to pay the same along with 18% interest per compensation...." annum and also costs and

Heard learned counsel for the petitioner, learned Government Pleader for Finance and Planning for respondent No.1, learned Government Pleader for Municipal Administration and Urban Development for respondents No.2 and 5 and Mr.A.S.C.Bose and learned Standing Counsel for Municipal 2. Corporation.

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. 3.

  1. At the time of hearing, the learned Standing Counsel for Municipal Corporation submitted <sup>a</sup> copy of instructions of the Executive Engineer, Zone VI, Greater Visakhapatnam Municipal Corporation, dated 30.01.2025, wherein

admitted bills, and it is stated that the amounts payable to the petitioner are the Examiner of Accounts, GVMC, to the Pay that the bill is to be submitted by and Accounts Officer, Visakhapatnam there is an error in sanction in the CFMS Portal. Due to this reason Municipal Corporation is unable to process submitted that the bill will be submitted in the CFMS portal after the . However, as part of the billing process, the CFMS login and <sup>a</sup> workflow issue for administrative the Greater Visakhapatnam the payment of the bills. It is further error is resolved.

in view of the above instructions, since the bill amount claimed by the 5. is Court feels it appropriate to dispose of the petitioner is an admitted bill, this _ directing the respondents to release amount of Rs.9,25,026/- writ petition (Rupees within a period of three (3) Nine lakhs twenty five thousand twenty six only) to the petitioner months from the date of receipt of a copy of this order.

Accordingly, the Writ Petition is disposed of. There shall be no order as 6. to costs.

in this Writ Petition shall stand Miscellaneous petitions pending, if any Sd/- Wl.RAMESH BABU DEPUTY REGISTRAR closed.

//TRUE COPY// [T %r SECTION OFFICER

To, Finance Department, State of Andhra Pradesh 1. The Principal Secretary Secretariat, Amaravathi, Guntur District.

3

y'

    1. The Principal Secretary, Municipal Administration Department, State of Andhra Pradesh Secretariat, Amaravathi, Guntur District.
    1. The District Collector, Visakhapatnam District at Visakhapatnam.
    1. The Commissioner, Greater Visakhapatnam Municipal Corporation, Visakhapatnam.
    1. The Engineer-in-Chief, Municipal Adiministration Vijayawada, N.T.R. District.
    1. The Executive Engineer, Grater Visakhapatnam Municipal Corporation, Visakhapatnam.
    1. The Superintending Engineer, Grater Visakhapatnam Municipal Corporation, Visakhapatnam.
    1. One CC to Sri P.V.V.Satyanarayana, Advocate [OPUC]
    1. Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh. [OUT]
    1. Two CCs to GP for Municipal Administration & Urban^ Development, High Court of Andhra Pradesh. [OUT]
    1. One CC to Sri A.S.C.Bose, SC for MUNC & MUNC Corporation. [OPUC]
    1. Three CD Copies.
  • gi

HIGH COURT

DATED: 03/02/2025

ORDER

WP.No.1804 of 2025

DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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Case History of Orders

Order(5) - 22 Aug 2024

Final Order

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Order(4) - 14 Aug 2024

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Order(3) - 26 Jul 2024

Interim Order

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Order(2) - 23 Jul 2024

Interim Order

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Order(1) - 9 Jul 2024

Interim Order

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