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2025 Supreme(Online)(AP) 7829
HIGH COURT OF ANDHRA PRADESH
Nyapathy Vijay, J
Ravindra Babu – Appellant
Versus
The State of Andhra Pradesh – Respondent
Writ Petition No: 933 of 2018
For the Appellant: Sri Karupolu Narasimha Rao
For the Respondents: GP Municipal Admin and Urban Dev
The inaction of municipal authorities in settling dues for legal services was ruled arbitrary and illegal, requiring judicial intervention.
Headnote:(A) Constitution of India - Article 226 - Writ of Mandamus - Non-settlement of petitioner's claim for professional fee and expenditure - Claim declared illegal, void, and arbitrary - Direction for respondents to pay judicial dues sought - Respondents directed to explain failure to settle dues. (Paras 1-4)
(B) Administrative Duty - Obligation of authorities to ensure timely payment of dues - Recent officers’ claims of unawareness do not absolve responsibility - Appearance dispensed with as a leniency. (Paras 4-7)
Facts of the case:
The petitioner, an advocate, has filed a writ petition under Article 226 against multiple municipal authorities for the non-payment of legal fees despite previous notices issued on specified dates. The petitioner alleges this inaction as illegal and has requested a writ of Mandamus.
Findings of Court:
The court acknowledged the delays in settling the petitioner’s fees, reiterating the responsibilities of public officials to resolve such claims promptly and effectively.
Issues: The primary issue was the inaction of the respondents concerning the applicant's claims for his professional fees and consequent measures for intervention.
Ratio Decidendi: The court determined that the failure of officials to address the legal fees constitutes an arbitrary exercise of power and necessitates judicial intervention to uphold fairness and accountability in administrative processes.
Result: The court directed the appearance of specified respondents for explanations regarding the non-settlement of dues.
| Table of Content |
|---|
| 1. question of inaction in settling dues. (Para 2 , 5) |
| 2. final conclusion on legal fee payments. (Para 3 , 8) |
| 3. petition filed for non-payment of legal fees. (Para 4) |
| 4. court orders respondents to clarify payment issues. (Para 6 , 7) |
FRIDAY ,THE FOURTH DAY OF JULY T\IVO THOUSAND AND TWENTY FIVE +.yat :PRESENT: iEH THE HONOURABLE SRI JUS"CE NYAPATHY VIJAY WRIT PETITION NO: 933 OF 2018 Between :
I Ravindra Babu, S/o Late Subba Rao Aged about 45 years, Occupation Practicing Advocate at Hyderabad and Ex Standing Counsel for Municl-palities in Andhra Area at A.P.Administrative Tribunal in Hyderabad R/o H.No-1-8-
700/30 Padma colony, Nallakunta, Hyderabad Petitioner AND
1. The State of Andhra Pradesh, Rep by its Prl.Secretary MunI'CiPal AdminI-StratiOn and Urban Development Department,secretariat buildings Velagapudi, Amarava{i,Guntur District.
2. The Commissioner and Directc;r of Municipal Administration and Urban Development Authority, 4th floor, Sri Krishna Enclave, Gorntla, Guntur District 522034
3. The Commissioner, srikakulam MunI-CiPal Corporation, Srikakulam District.
4. The Commissioner, Amadalavalsa Municipality, Srikakuklam District.
5. The Commissioner, vizianagaram Municipality, Vizianagaram District.
6. The Commissioner, Bobbjli Municipality, Vjz,'anagaram DI'StriCt
7. The Commissioner, parvathipuram MunI-CiPality, Vizianagaram DI-Strict
8. The Commissioner, sa'uru Municipality, Vizianagaram District
9. The Commissioner, Nellimarla Nagar Panchayat, Vizianagaram District 10. The Commissioner, Anakapalli Municipality, Visakhapatnam District ll. The Commissioner, Bheemunipatnam Municipality, Visakhapatnam District ` ~_'_ /_'/_/
/ /
12. The CommI®SSiOner,' Amalapuram Municipality, East Godavari DistrI-Ct
13. The Com-missioner, Tuni MunicipalI'ty, East Godavari District
14. The Comml-ssioner, Ramchandrapuram Munjc,'pality, East Godavari District
15. The CommI'SSiOner, Pithapuram Municipality, East Godavari District
16. The Commissioner, Mandapet Municipality, East Godavari District 17. The CommissI-Oner, Peddapuram Municipality, East Godavari District
18. The Commissioner, Bhimavaram Municipality, west Godavari District
19. The Commissioner, palacole Municipality, west Godavari District 20. The Commissioner, TadepaIIigudem MunjcI'Pality, West Godavari Dl-st'rict The Commissioner, Narsapur MunicI-PaII'ty, West Godavari District The CommI-SSI-Oner, Tanuku MunI'CI'Pality, West Godavari District
23. The Commissioner, NI'dadhaVOIe Municipality, west Godavari District
24. The Commissl'oner, Machilipatnam Municipality, Krishna District
25- The CommI'SSiOner, Gudivada Municipality, Krishna DI-Strict
26- The Commissioner, NuzI-Vid' Municipality, Krishna Distrl-ct
27. The Commissioner, Jaggaiahpeta MunicI'Pality, Krl'shna District
28. The CommissI-Oner, Pedana Municipality, Krishna District
29. The CommI'SSiOner, Nandigama Nagar pahchayat, Krishna District
30. The Commissioner, vuyyur Nagar Panchayat, Krishna District
31- The Commissioner, Tenali Municipality, Guntur District
32. The Commissioner, Narasaraopet Municipality, Guntur DI'StriCt
33. The Commissioner, Baptla MunI'CiPalI|ty, Guntur DI|StriCt
34. The CommI-SSjOner, ChI|Iakakuripeta Municipality, Guntur District i _ _--
35. The Commissioner, Ponnuru Municipality, Guntur District 36. The Commissioner`, Repa]le Municipality, Guntur Distn-ct
37. The Commissioner, Mangalagiri Municipality, Guntur District
38. The CommissI-Oner, Tadepalli Municipality, Guntur District
39. The Commissioner, Ongole Muncipal Corporation, Prakasam District
40. The Commissioner, Chiralala Municipality, Prakasam District 41. The Commissioner, -Kandukur Murlicipality, Prakasam District
42. The Commissioner, Kanigiri Municipality, PrakasamDistrict
43. The -Commissioner, Kavali Municipality, Nellore District
44. The Commissioner, Atmakur Nagar Panchayat, SPSR Nellore District
45. The Commissioner, sullurpe{ Nagar Panchayat, Nellore District Respondent Petition under Article 226 of the Constitution of India praying that in the circ
