APHC010113722025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 6058/2025 Between: 1. SAI BALAJI CONSTRUCTIONS NELLORE, , REP. BY ITS MANAGING DIRECTOR, M. SATHISH REDDY, S/O. M. LAKSHMINARAYANA REDDY, AGED ABOUT 53 YEARS, OCC CONTRACTOR, R/O. FLAT NO. 401 AND 402, SAI BALAJI CASTLE, TEKKEMITTA, NELLORE TOWN AND DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, MUNICIPAL ADMINISTRATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, THUILUR MANDAL, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI AMARAVATHI, THUILUR MANDAL, GUNTUR DISTRICT. 3. THE DIRECTOR OF WORKS AND ACCOUNT OFFICER, ANJANEYA TOWERS, IBRAHIMPATNAM, KRISHNA DISTRICT. 4. THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, (MA AND UD) SPSR NELLORE, SPSR NELLORE DISTRICT. 5. THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, SRI KRISHNA ENCLAVE, GORANTLA, GUNTUR, GUNTUR DISTRICT. 2 6. THE EXECUTIVE ENGINEER, SPSR NELLORE MUNICIPAL CORPORATION, SPSR NELLORE DISTRICT. 7. THE DEPUTY EXECUTIVE ENGINEER, MUNICIPAL CORPORATION, SPSR NELLORE, SPSR NELLORE DISTRICT. ...RESPONDENT(S): 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 topleased to issue a Writ, Order, or Direction particularly one in the nature of WRIT OF MANDAMUS or any othermore appropriate writ or direction declaring the action of the respondents in not releasing the total due payments of Rs.36,67,673/- even after finalizing the bills, payable to the petitioner in relation to the works i.e., i) Agreement No. 427/GGMP/EE1II/2023-2024, Dt29.11.2023 for Laying of CC Road from Sri Venkatadri Apartment to Muthyalapalem Main road in Division No. 19 of NMC Under Gadapa Gadapaku Mana Prabhutvam vide M.Book.No. 1244/23-24 for Rs.14,77,673/-, ii) Agreement No. 431/GGMP/EEI1I/2023-2024, Dt29.11.2023 for Upgradation of BT Road from Haritha Foods to Anu Mini Mart at Srihari Nagar main road in Division No. 19 of NMC under Gadapa Gadapaku Mana Prabhutvam vide M. Book No. 1382/23-24 for Rs.8,25,000/-, iii) Agreement No. 432/GGMP/EEIII/2023-2024, Dt 29.11.2023 for Upgradation of BT Road from Haritha Anu Mini Mart at Srihari Nagar main road in division No. 19 of NMC Under Gadapa Gadapaku Mana Prabhutvam vide M. Book No. 1383/23-24 for Rs. 13,65,000/- for the above (03) works was sanction under Gadapa Gadapaku Mana Prabhutvam (GGMP) Grant, total pending bills amount of Rs.36,67,673/- in Nellore Municipal Corporation through the Agreements ,as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondent authorities to release the pending bills total amount of Rs.36,67,673/- with interest at 18 percent for the pending bills forthwith for the above said works executed by the petitioner and pass IA NO: 1 OF 2025 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 pleased to direct respondents to consider for pending bills of Rs.39,31,461/- with interest @ 18 % for the works executed by the petitioner for the various works under Gadapa Gadapaku Mana Prabhutvam (GGMP) Grant, in Nellore Municipal Corporation through the Agreements forthwith, pending disposal of the main Writ Petition and pass 3 Counsel for the Petitioner: 1. ANNAMNEEDI BALAKRISHNA Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV 2. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) 3. GP FOR FINANCE PLANNING The Court made the following: 4 Order:- Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Finance and the learned Standing Counsel for the respondent-corporation. 2. Learned counsel for the petitioner submits that the petitioner has completed the works under (i) Agreement No.427/GGMP/EEIII/2023-2024, Dt. 29.11.2023 vide M.Book.No. 1244/23-24, (ii) Agreement No. 431/GGMP/EEIII/2023-2024, Dt.29.11.2023 vide M. Book No. 1382/23-24, (iii) Agreement No. 432/GGMP/EEIII/2023-2024, Dt.29.11.2023 vide M. Book No. 1383/23-24, entrusted by the respondent-Corporation, and has submitted the final bills. 3. It is submitted that a total amount of Rs. 36,67,673/- is due and payable by the respondent-Corporation to the petitioner on account of the completion of the aforesaid works. However, the said amount has not been paid. 4. Considering the submissions, there shall be a direction to the respondents to verify and release the payments as expeditiously as possible preferably within a period of eight (08) weeks from the date of receipt of a copy of this order. 5. Accordingly, this Writ Petition is disposed off. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ____________________ JUSTICE HARINATH.N 04.08.2025 PNS 5