1 APHC010222782024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 11495/2024 Between: 1. TIYYAGURA PRABHAKAR REDDY, S/O BHASKAR REDDY, R/O FLAT NO. 401, SREE ENCLAVE APARTMENT HOUSING BOARD COLONY, NALLAPADU ROAD, GUNTUR-522005 . ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY MUNICIPAL ADMINISTRATION DEPARTMENT, A.P SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING A.P SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 3. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF APSHCL A.P SECRETARIAT BUILDINGS. VELAGAPUDI, GUNTUR DISTRICT. 4. THE SPECIAL SECRETARY TO THE GOVERNMENT OF ANDHRA PRADESH AP, FINANCE DEPARTMENT. ROOM NO. 286, 1ST FLOOR, BUILDING NO. 2, A.P. SECRETARIAT, VELAGAPUDI, AMARAVALI - 522 238 5. THE DIRECTORATE OF WORKS AND ACCOUNTS, REP BY ITS DIRECTOR OF WORKS AND ACCOUNTS 3RD FLOOR, C BLOCK, 2 ANJANEYA TOWERS, IBRAHIMPATNAM, KRISHNA DISTRICT. 6. THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, ANDHRA PRADESH AT PRIME HILL CREST VADDESWARAM, TADEPALLI, GUNTUR DISTRICT. 7. THE ANDHRA PRADESH COMPREHENSIVE FINANCIAL MANAGEMENT SYSTEM CFMS, CEO, NIDHI BHAVAN, APIIC PARK, MANGALAGIRI, GUNTUR DISTRICT 8. THE MANAGING DIRECTOR, APSHCL, NIRMAN BHAWAN, APIIC COLONY ROAD AUTO NAGAR, VIJAYAWADA, NTR DISTRICT 9. THE GUNTUR MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, GUNTUR , GUNTUR DISTRICT. 10. THE SUPERINTENDENT ENGINEER, GUNTUR MUNICIPAL CORPORATION, GUNTUR, GUNTUR DISTRICT. CAUSE TITLE IS AMENDED AS PER THE COURT ORDER DT.08.07.2024 VIDE ORDERS PASSED IN I.A.NO. 02 OF 2024. 11. SPECIAL CHIEF SECRETARY TO GOVERNMENT OF AP APSHCL, VIJAYAWADA, NTR DISTRICT. 12. PROJECT DIRECTOR, APSHCL DEPARTMENT, GUNTUR. RR 11 AND 12 ARE IMPLEADED AS PER THE COURT ORDER DT.08.07.2024 VIDE ORDERS PASSED IN I.A.NO. 03 OF 2024. ...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 or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not paying the admitted due amount of Rs.70,60,221/- (Seventy Lakh Sixty Thousand Two Hundred Twenty One) to petitioner herein in relation to contract Work i.e., APSHCL Fund-Providing of Pot Holes filling with Quarry Rubbish (Granite Stones) for North Block Internal Roads in perecharla Jagananna Layout (NPI) executed by the petitioner herein, under Agreement and Supplementary Bearing No 105/SE/GMC/GNT - 2022-2023, dt.02-03- 2023 and 27/SE/GMC/GNT - 2023-2024, Dt. 03-10-2023 despite lapse of more than one year , even after finalizing the bills, as illegal, arbitrary, unconstitutional and consequently direct the respondents herein to immediately pay the admitted due amount of Rs.70,60,221/- (Seventy Lakh 3 Sixty Thousand Two Hundred Twenty One) to petitioner herein in relation to contract Work i.e., APSHCL Fund-Providing of Pot Holes filling with Quarry Rubbish (Granite Stones) for North Block Internal Roads in Perecharla Jagananna Layout (NPI) executed for 9th Respondent by the petitioner herein, under Agreement and Supplementary Bearing No. 105/SE/GMC/GNT- 2022-2023, dt.02-03-2023 and 27/SE/GMC/GNT - 2023- 2024, Dt. 03-10-2023 and to pass IA NO: 1 OF 2024 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 the respondents herein to release the admitted due amount of Rs.70,60,221/- (Seventy Lakh Sixty Thousand Two Hundred Twenty One) to petitioner herein in relation to contract Work i.e., “APSHCL Fund- Providing of Pot Holes filling with Quarry Rubbish (Granite Stones) for North Block Internal Roads in perecharla Jagananna Layout (NPI) executed by the petitioner herein, under Agreement & Supplementary Bearing No 105/SE/GMC/GNT - 2022-2023, dt.02-03- 2023 & 27/SE/GMC/GNT-2023- 2024, Dt.03-10-2023, within a stipulated time frame and to pass IA NO: 2 OF 2024 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 permit the petitioner to amend the cause title in the writ affidavit. Petition and Interlocutory application by replacing the words in the cause title at 9th respondent The Guntur Municipal Corporation, Rep. By its Commissioner, Mangalagiri, Guntur district. with the words “The Guntur Municipal Corporation, Rep. By its Commissioner, Guntur, Guntur district, well as at 10th respondent “The Superintendent Engineer, Guntur Municipal Corporation, Mangalagiri, Guntur district ” with the words The Superintendent Engineer, Guntur Municipal corporation, Guntur, Guntur District ” IA NO: 3 OF 2024 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 implead the petitioner herein as the proposed respondents/11th & 12th respondents to the main Writ Petition No. 11495 of 2024 and also in pending miscellaneous petitions therein in the interests of equity and justice Counsel for the Petitioner: 4 1. DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S): 1. KALYAN CHAKRAVARTHY R 2. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) 3. J DILEEP KUMAR 4. GP MUNCIPAL ADMN AND URBAN DEV AP 5. GP FOR FINANCE PLANNING (AP) 5 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 11495 of 2024 ORDER: 1. Learned counsel for the petitioner submits that the petitioner has executed works as entrusted by the respondents and submitted final bills. It is submitted that the competent authority has also recorded the progress of work and certified the work in the M-Book. Though the work progress was recorded in the M-Book, no amounts have been forth coming. 2. Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Municipal Administration and Urban Development, the learned Government Pleader for the Finance & Planning and the learned Standing Counsel. 3. Considering the submissions, there shall be a direction to the concerned respondents to verify and release the admitted amount within a period of eight (08) weeks from the date of receipt of a copy of this order. 4. Accordingly, the Writ Petition is disposed off. No costs. As a sequel, miscellaneous applications, pending, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date:10.09.2025 NKA 6 37 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 11495 of 2024 Date: 10.09.2025 NKA