APHC010187542025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 9896 OF 2025 Between: M/s Bhagam Constructions Pvt. Ltd., Vijayawada JV with M/s Maruti Constructions, Vijayawada, Rep., by its Director, J. Krishna Chaitanya S/o Rama Rao, Aged about 38 years, Occ: Contractor, R/o D.No.54-14/1-9/5, 4th Cross Road, Bharathi Nagar, Vijayawada, Krishna District. ...Petitioner AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Municipal Administration and Urban Development Dept., Secretariat Buildings, Velagapudi, Guntur District 2. The Commissioner & Director of Municipal Administration, Vaddeswaram, Guntur District 3. The Vijayawada Municipal Corporation, Represented by its Commissioner, Vijayawada, Krishna District 4. The Chief Engineer, Vijayawada Municipal Corporation, Vijayawada, Krishna District 5. The Executive Engineer-1, Vijayawada Municipal Corporation, Vijayawada, Krishna District 6. The State of Andhra Pradesh, Represented by its Principal Secretary, Finance Department, Secretariat Buildings, Velagapudi, Guntur District 7. The Union of India, Rep., by its Secretaiy, Ministry of Environment Forest and Climate Change New Delhi. Indira Paryavaran Bhawan, Jor Bagh, ...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 a WRIT OF MANDAMUS declaring Respondents herein, in withholding the payment of part bill of Net Amount- Rs.76,87,817/- (Gross- Rs.89,40,532.24/-) under C.F.M.S.No.2024- 1154102, even after finalizing the bills payable to the petitioner in relation to the work i.e., “Providing BT with hot mix process and paver blocks to Venkateswara Foundry Road, in Division No.41. (RD 1.2). (Rc. E6-116233/2023) vide Agreement No. CE-21/2023-24, Dt. 08.01.2024 is questioned, as the same is illegal and arbitrary apart from violates of Articles 14, 16, 19 & 21 of The Constitution of India and consequently direct the respondents to consider for payment of part bill of Net Amount- Rs.76,87,817/- (Gross- Rs.89,40,532.24/- ) under C.F.M.S.No.2024- 1154102 with an interest @24% per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work., forthwith. the action of the 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 consider for payment of part bill of Net Amount: Rs.76,87,817/- (Gross: Rs.89,40,532.24/-) under the C.F.M.S.No.2024- 1154102 with regard to the completion of work i.e.; “Providing BT with hot mix process and paver blocks to Venkateswara Foundry Road, in Division No.41. (RD 1.2). (Rc. E6-116233/2023)” with an interest @24% per annum for the delayed amount to the petitioner, pending disposal of the Writ Petition. Counsel for the Petitioner: SRI SURESH KUMAR REDDY KALAVA Counsel for the Respondent Nos. 1 & 2: GP FOR MUNCIPAL ADMN AND URBAN DEV Counsel for the Respondent No.6: GP FOR FINANCE & PLANNING Counsel for the Respondent Nos. 3 to 5: SRI S.V.S.S.SIVARAM (SC FOR VMC) Counsel for the Respondent No.7: SRI PASALA PONNA RAO (DEPUTY SOLICITOR GENERAL OF INDIA) The Court made the following order: APHC010187542025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] ■V- B WEDNESDAY,THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 9896/2025 Between: 1.M/S BHAGAM CONSTRUCTIONS PVT. LTD.,, VIJAYAWADA JV WITH M/S MARUTI CONSTRUCTIONS, VIJAYAWADA, REP., BY ITS DIRECTOR, J. KRISHNA CHAITANYA S/0 RAMA RAO, AGED ABOUT 38 YEARS, OCC- CONTRACTOR, R/0 D.NO.54-14/1-9/5, 4TH CROSS ROAD, BHARATHI NAGAR, VIJAYAWADA, KRISHNA DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS MUNICIPAL ADMINISTRATION AND SECRETARIAT BUILDINGS, PRINCIPAL SECRETARY, URBAN DEVELOPMENT DEPT., VELAGAPUDI, GUNTUR DISTRICT 2.THE COMMISSIONER 85 DIRECTOR OF MUNICIPAL ADMINISTRATION, VADDESWARAM, GUNTUR DISTRICT 3.THE VIJAYAWADA MUNICIPAL CORPORATION, REPRESENTED BY ITS COMMISSIONER, VIJAYAWADA, KRISHNA DISTRICT 4.THE CHIEF ENGINEER, VIJAYAWADA MUNICIPAL CORPORATION, VIJAYAWADA, KRISHNA DISTRICT 5.THE EXECUTIVE ENGINEER I, VIJAYAWADA MUNICIPAL CORPORATION, VIJAYAWADA, KRISHNA DISTRICT 6.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT 7 7.THE UNION OF INDIA, REP., BY ITS SECRETAIY, MINISTRY OF INDIRA ENVIRONMENT FOREST AND CLIMATE CHANGE. 2 PARYAVARAN BHAWAN, JOR BAGH, NEW DELHI. ...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 tomay be pleased to issue a WRIT OF MANDAMUS declaring the action of the Respondents herein, in withholding the payment of part bill of Net Amount- Rs.76,87,817/- (Gross- Rs.89,40,532.24/-) under C.F.M.S.No.2024-1154102, even after finalizing the bills payable to the petitioner in relation to the work i.e.. Providing BT with hot mix process and paver blocks to Venkateswara Foundry Road, in Division No.41. (RD 1.2). (Rc. E6-116233/2023) vide Agreement No. CE-21/2023-24, Dt. 08.01.2024 is questioned, as the same is illegal and arbitrary apart from violates of Articles 14, 16, 19 85 21 of The Constitution of India and consequently direct the respondents to consider for payment of part bill of Net Amount- Rs.76,87,817/- (Gross- Rs.89,40,532.24/-) under C.F.M.S.No.2024- 1154102 with an interest @24percent per annum for the delayed amount to the petitionerin respectof executionof above-mentionedwork., forthwithand pass 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 may be pleased to DIRECT the respondents to consider for payment of part bill of Net Amount: Rs.76,87,817/- (Gross: Rs.89,40,532.24/-) under the C.F.M.S.No.2024- 1154102 with regard to the completion of work i.e.; “Providing BT with hot mix process and paver blocks to Venkateswara Foundry Road, in Division No.41. (RD 1.2). (Rc. (RD 1.2). (Rc. E6-116233/2023)” with an interest @24% per annum for the delayed amount to the petitioner, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1.SURESH KUMAR REDDY KALAVA Counsel for the Respondent{S): 1 .GP MUNCIPAL ADMN AND URBAN DEV AP 2.GP FOR FINANCE PLANNING 3.S.V.S.S.SIVARAM SC For VMC 3 The Court made the following Order- Learned counsel for the submits that the petitioner has petitioner completed the works entrusted by the 3'^^ respondent-Corporation as per Agreement No.CE-21/2023-2024, dated 08.01.2024 and submitted final bills and the same were uploaded in the CFMS Portal vide No.2024-1154102. However, amounts have not been paid. Aggrieved by the same, the present Writ Petition is filed. Heard the learned counsel for the petitioner; the learned Assistant Government Pleader for Municipal Administration and Urban Development, for the respondents 1 and 2; the learned Assistant Government Pleader for Finance and Planning, for the respondent and the learned Standing Counsel for respondents 3 to 5. Considering the submissions, the respondents 2 to 7 are hereby directed to verify and release the payments due payable to the petitioner as expeditiously as possible preferably within a period of eight (8) weeks from the 2. 3. date of receipt of a copy of this order. Accordingly, the Writ Petition is disposed of. No costs. Pending miscellaneous petitions, if any, shall stand closed. 4. 5. Sd/- B PRASADA RAO ASSISTANTfREGSSTRAR //TRUE COPY// SECTI FICER To, Municipal Administration and Urban Development Dept., Secretariat Buildings, Velagapudi, Guntur District 2. The Commissioner & Director of Municipal Administration, Vaddeswaram, Guntur District. 3. The Commissioner, Vijayawada Municipal Corporation, Vijayawada, Krishna District 1. The Principal Secretary 4. The Chief Engineer, Vijayawada Municipal Corporation, Vijayawada, Krishna District 5. The Executive Engineer-1, Vijayawada Municipal Corporation, Vijayawada, Krishna District 6. The Principal Secretary, Finance Department, Secretariat Buildings, Velagapudi, Guntur District. 7. The Secretary, Union of India, Ministry of Environment Forest and Climate Change, Indira Paryavaran Bhawan, Jor Bagh, New Delhi. 8. One CC to Sri Suresh Kumar Reddy Kalava Advocate [OPUC] 9. Two CCs to GP for Muncipal Admn and Urban Dev, High Court of Andhra Pradesh [OUT] 10. Two CCs to GP for Finance & Planning High Court of Andhra Pradesh [OUT] 11. One CC to Sri Pasala Ponna Rao, Deputy Solicitor General of India, High Court of Andhra Pradesh. [OPUC] 12. One CC to Sri S.V.S.S.Sivaram (SC for VMC) Advocate [OPUC] 13. Two CD Copies TF HIGH COURT i DATED:23/07/2025 ORDER WP NO. 9896 OF 2025 DISPOSING OF THE W.P., WITHOUT COSTS