1 APHC010228832024 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: 11972/2024 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 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 4. THE DIRECTORATE OF WORKS AND ACCOUNTS, REP BY ITS DIRECTOR OF WORKS AND ACCOUNTS 3RD FLOOR, C BLOCK, ANJANEYA TOWERS, IBRAHIMPATNAM, KRISHNA DISTRICT. 5. THE COMMISSIONER AND DIRECTOR, OF MUNICIPAL ADMINISTRATION, ANDHRA PRADESH AT PRIME HILL CREST, 2 VADDESWARAM, TADEPALLI, GUNTUR DISTRICT. 6. THE ANDHRA PRADESH COMPREHENSIVE FINANCIAL MANAGEMENT SYSTEM CFMS, CEO, NIDHI BHAVAN, APIIC PARK, MANGALAGIRI, GUNTUR DISTRICT 7. THE MANGALAGIRI TADEPALLI MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, MANGALAGIRI, GUNTUR DISTRICT. 8. THE SUPERINTENDENT ENGINEER, MANGALAGIRI -TADEPALLI MUNICIPAL CORPORATION, MANGALAGIRI, GUNTUR 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 or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not releasing the Contract Amount and he is not willing to prepare final bill amount to petitioner herein in relation to contract Work i.e MTMC-1) Construction of BT Road From Dimpudukallam To SC Burial Ground 2) Constriction of BT Road From Devara Temple to SC Burial Ground and KaluvakoiluPrasada Rao House to Seed Access Road 3)Construction of BT Road from KollimarlaSambaiah Site to Hindu Burial Ground in Betapudi Village of Mangalagiri TadepalliMuncipalCorpation under Special Grand Funds executed by the petitioner herein, under agreement and supplementary Agreement Bearing No 851/2022-2023 Dt. 31-03-2023 and 209/2023-24, Dt. 31-03-2023 and 209/2023-24, Dt. 15-09-2023 despite lapse of more than one years, even after finalizing the bills, as illegal, arbitrary, unconstitutional and consequently direct the respondents herein to immediately pay the amount to petitioner herein in relation to contract Work i.e., MTMC-1) Construction of BT Road From Dimpudukallam To SC Burial Ground 2) Constriction of BT Road From Devara Temple to SC Burial Ground and KaluvakolluPrasada Rao House to Seed Access Road 3)Construction of BT Road from KollimarlaSambaiah Site to Hindu Burial Ground in Betapudi Village of Mangalagiri TadepalliMuncipalCorpation under Special Grand Funds executed for 7th Respondent by the petitioner herein, under agreement and supplementary Agreement Bearing No 851/2022-2023 Dt. 31-03-2023 and 209/2023-24, Dt. 15-09-2023 and to pass IA NO: 1 OF 2024 3 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 to petitioner herein in relation to contract Work i.e “MTMC-1) Construction of BT Road From Dimpudukallam To SC Burial Ground 2) Constriction of BT Road From Devara Temple to SC Burial Ground and KaluvakolluPrasada Rao House to Seed Access Road 3)Construction of BT Road from KollimarlaSambaiah Site to Hindu Burial Ground in Betapudi Village of Mangalagiri TadepalliMuncipalCorpation under Special Grand Funds” executed by the petitioner herein, under agreement & supplementary Agreement Bearing No.851/2022-2023 Dt. 31-03-2023& 209/2023-24, Dt. 15- 09-2023, within a stipulated time frame and to pass Counsel for the Petitioner: 1. DEVASRI ROSHAN KANCHARLA 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 (AP) 4 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 11972 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. It is submitted that the works were completed in the year 2024; however, the bills are yet to be released. 4. The learned Standing counsel appearing for the respondent No.7 submits that the petitioner has to submit the M-Books, and soon after submission of the M-Books, the respondent authorities shall consider the same, verify the progress of work, and release the payments. 5. Recording the submissions of both the learned counsel, it is left open to the petitioner to submit M-Books of the works completed. Upon such submission, the respondent authorities shall verify and release the 5 payments within a period of ten (10) weeks from the date of receipt of a copy of this order. 6. 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 35 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 11972 of 2024 Date: 10.09.2025 NKA