Y Venkateshwara Rao vs. The Regional Joint Director Of School
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Order Issued After Hearing
Purpose:
Admission (Education )
Before:
Hon'ble Sumathi Jagadam
Listed On:
13 Aug 2024
Original Order Copy
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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
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- The State of Andhra Pradesh, rep by its Principal Secretary, Finance Department, Secretariat, Amaravathi, Guntur District.
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- The State of Andhra Pradesh, rep by its Principal Secretary, Municipal Administration Department, Secretariat, Amaravathi, Guntur District.
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- The District Collector, Visakhapatnam District at Visakhapatnam.
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- The Greater Visakhapatnam Municipal Corporation, Visakhapatnam, Rep. by its Commissioner
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- The Engineer-in-Chief, Municipal Adiministration Vijayawada, N.T.R. District.
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- The Executive Engineer, Grater Visakhapatnam Municipal Corporation, Visakhapatnam.
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- 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:
- <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.
- 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'
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- The Principal Secretary, Municipal Administration Department, State of Andhra Pradesh Secretariat, Amaravathi, Guntur District.
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- The District Collector, Visakhapatnam District at Visakhapatnam.
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- The Commissioner, Greater Visakhapatnam Municipal Corporation, Visakhapatnam.
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- The Engineer-in-Chief, Municipal Adiministration Vijayawada, N.T.R. District.
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- The Executive Engineer, Grater Visakhapatnam Municipal Corporation, Visakhapatnam.
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- The Superintending Engineer, Grater Visakhapatnam Municipal Corporation, Visakhapatnam.
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- One CC to Sri P.V.V.Satyanarayana, Advocate [OPUC]
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- Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh. [OUT]
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- Two CCs to GP for Municipal Administration & Urban^ Development, High Court of Andhra Pradesh. [OUT]
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- One CC to Sri A.S.C.Bose, SC for MUNC & MUNC Corporation. [OPUC]
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- Three CD Copies.
- gi
HIGH COURT
DATED: 03/02/2025
ORDER
WP.No.1804 of 2025