I APHC010143162025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No: 7484 OF 2025 Between: K. Venkateswara Rao, S/o. Veerabhadra Rao, Age 55 years, Kakinada, East Godavari District, Andhra Pradesh. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Department of Municipal Administration and urban development. Secretariat Building, Velagapudi, Amaravathi, Guntur. 2. Kakinada Municipal Corporation, rep.by its Commissioner, Kakinada Kakinada District. 3. Municipal Corporation Kakinada, Rep.by its Executive Engineer Kakinada District. 4. The State of Andhra Pradesh, Rep. by its Principal Secretary Department of Finance Planning, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. ...RESPONDENTS 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 to issue an appropriate Writ Order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents in withholding the payments of pending amounts of Rs. 22,80,329/- (Twenty Two Lakhs, Eighty Thousand, Three Hundred and Twenty Nine Rupees only ) even after finalizing the bills payable to the petitioner in relation to the works i.e “I. Construction of internal CC Drain, at Sachivalayam 12A OD 12*' No.354/2023-2024, Datedll.03.2024(7,07. 510/-), II. Construction of 1®* floor sachivalayam building at abdul kalam street in 25*' division, AgreementNo.336/EE2/2022-23. Dated31.03.2023(15,72,819 /-)” For the year 2023 as bad .illegal, arbitrary, improper, unjust and against the Article 21 of constitution of India and consequently direct the respondents to pay the amounts of Rs. 22,80,329/- (Twenty Two Lakhs, Eighty Hundred and Twenty Nine Rupees only ) with interest at 24percent for the delayed amount till date of realization for the works Thousand, Three annum executed by the petitioner. lA 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 to direct the respondents to releasing the amounts payable to him, pending disposal of the Write Petition. Counsel for the Petitioner: SRI DEVASRI ROSHAN. K Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMN & URBAN DEVELOPMENT Counsel for the Respondent Nos.2 to 3: SRI M KRISHNA RAO, SC FOR SKL VZM KKD MUNICIPAL CORPORATIONS Counsel for the Respondent No.4: GP FOR FINANCE & PLANNING The Court made the following order: APHC010143162025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 7484/2025 [3460] Between; 1.K VENKATESWARA RAO, S/0. VEERABHADRA RAO, AGE 55 YEARS, KAKINADA, EAST GODAVARI DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1.THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, ADMINISTRATION SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR. 2. KAKINADA MUNICIPAL CORPORATION, REP.BY ITS COMMISSIONER, KAKINADA KAKINADA DISTRICT. 3.MUNICIPAL CORPORATION KAKINADA, REP.BY ITS EXECUTIVE ENGINEER KAKINADA DISTRICT. 4.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FINANCE PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT DEPARTMENT OF MUNICIPAL AND URBAN DEVELOPMENT, 2 ...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 an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the payments of pending amounts of Rs. 22,80,329/- (Twenty Two Lakhs, Eighty Thousand, Three Hundred and Twenty Nine Rupees only ) even after finalizing the bills payable to the petitioner in relation to the works i.e I. Construction of internal CC Drain,at Sachivalayam 12A OD 12 No.354/2023- 2024,Datedll.03.2024(7,07,510/-),II. Construction of 1st floor sachivalayam building at abdul kalam street in 25th division TH Division Agreement no.336/EE2/2022-,Agreement 23,Dated31.03.2023(15,72,819 For the year 2023 as bad ,illegal, arbitrary, improper, unjust and against the Article 21 of constitution of India and consequently direct the respondents to pay the amounts of Rs. 22,80,329/- (Twenty Two Lakhs, Eighty Hundred and Twenty Nine Rupees only ) with interest at 24percent for the delayed amount till date of realization for the works Thousand, Three annum executed by the petitioner and pass ' lA NO: 1 OF 2025 Petition under Section 151 CPC circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the respondents to releasing the amounts payable to him, pending disposal of the write petition and pass Counsel for the Petitioner: 1.DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S): 1.M Krishna Rao SC for ski vzm kkd Municipal Corporations praying that in the 3 2. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: THE HON'BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.7484 Of 2025 ORDER: This writ petition is filed declaring the action of the Respondents in withholding the pending amount of Rs.22,80,329/- payable to the Petitioner even after finalizing the bills in relation to the works done vide Agreement Nos.354/2023- 2024 dated 11.03.2024 and 336/EE2/2022-23 dated 31.03.2023 as arbitrary and illegal. Pursuant to the tender, the Petitioner was allotted works of 2. th (i) construction of internal CC Drain at Sachivalayam 12A OD 12 Division and (ii) Construction of 1®‘ Floor Sachivalayam building at abdul kalam street in 25*'^ division. The Petitioner submits that the works were executed within the time specified and was recorded in the Measurement Book. Learned counsel for Respondent No2-Corporation filed counter affidavit stating that as per the agreement, the works were completed within the time limit and the bills were sent to Engineering staff for finalizing the bills. The bills are not yet finalized due to the transfers of the then Engineering staff who 3. r have executed the works. It is also stated that the Municipal 2 authorities are processing the bills basing availability of the on funds. 4. As there is no dispute to the execution of works admitted amount payable to the Petitioner, disposed of, at the stage of admission, sides with the following direction; and the the Writ Petition is with the consent of both (i) The Respondent-authorities admitted amount due to the Petitioner four (4) months from today. are directed to pay the within a period of (ii) There shall be no order as to costs. As a sequel, the miscellaneous petitions if any shall stand dismissed. Sd/- V DIWAKAR DEPUTY REGISTRAR //TRUE COPY// / I! SECTION OFFICER To, 1- The Principal Secretary, r Urban Development, StateDepartment of Municipal Administration ' of Andhra Pradesh Secretariat & Building, District. [BY SPECIAL IWESSANGER] Kakinada Municipal Velagapudi, Amaravathi, Guntur 2. The Commissioner Corporation, Kakinada Kakinada District. [BY RPAD] 3. The Executive Engineer Municipal Corporation Kakinada, Kakinada District. [BY RPAD] 4. The Principal Secretary, Department of Finance & Planning, State of Andhra Pradesh Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. [BY SPECIAL MESSANGER] 5. One CC to Sri Devasri Roshan.K, Advocate [OPUC] 6. One CC to Sri M.Krishna Rao, SC for SKL, VZM, KKD, Municipal Corporations. [OPUC] 7. Two CCs to GP for Municipal Administration & Urban Development, High Court of Andhra Pradesh. [OUT] 8. Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh. [OUT] 9. Two CD Copies. ^ gl i \ HIGH COURT \ \ \ DATED:25/06/2025 ORDER WP N0.7484 OF 2025 .tvr. ^TbfANDS!^ 0; Al'S ^ Current Section . :i: m o j DISPOSING OF THE WRIT PETITION AT THE STAGE OF ADMISSION WITHOUT COSTS