APHC010264662025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 13917/2025 Between: 1. GOKEDA VEERA VENKATA RAO,, S/O. KRISHNA MURTHY, CONTRACTOR, R/O. D.NO. 37-6-13/2, BONAM STREET, KAKINADA (URBAN), KAKINADA, EAST GODAWARI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, A P SECRETARIAT AT VELAGAPUDI AMARAVATHI GUNTUR DISTRICT 2. THE STATE OF ANDHRA PRADESH, REP REP BY ITS PRINCIPAL SECRETARY FINANCE DEPARTMENT, A P SECRETARIAT AT VELAGAPUDI AMARAVATHI GUNTUR DISTRICT 3. THE SUPERINTENDENT ENGINEER, MUNICIPAL CORPORATION, KAKINADA 4. THE DISTRICT COLLECTOR, EAST GODAWARI DISTRICT KAKINADA. 5. THE KAKINADA MUNICIPAL CORPORATION, REP BY ITS COMMISSIONER, KAKINADA, EAST GODAWARI 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 to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in not releasing the bill amounts admittedly due to the petitioner despite successful completion of aforesaid works as per the details mentioned in the work orders No. i). Roc.No. 5048/2023/E3, dated 03.10.2023, Estimated Amount is Rs. 5,40,000/- and Final Bill Amount is Rs. 4,36,440/-, ii). Roc.No. 344240/2022/E3, dated 31.03.2023, Estimated Amount is Rs. 9,75,000/- and Final Bill Amount is Rs. 8,96,458/-, iii). Roc.No. 375478/2021/E3, dated 19.02.2022, Estimated Amount is Rs. 8,95,000/- and Final Bill Amount is Rs. 7,55,631/-, iv). Roc.No. 21997/2022//E3, dated 28.11.2023, Estimated Amount is Rs. 99,000/- and Final Bill Amount is Rs. 75,575/-, v). Roc.No. 21997/2022/E3, dated 16.10.2023, Estimated Amount is Rs. 99,000/- and Final Bill Amount is Rs. 75,575/-, vi). Roc.No. 3448/2023/E2, dated 06.06.2023, Estimated Amount is Rs. 8,75,000/- and Final Bill Amount is Rs. 6,90,484/-, vii). Roc.No. 8859/2023/E4, dated 04.12.2023, Estimated Amount is Rs. 8,04,294/- and Final Bill Amount is Rs. 8,32,000/- for the works executed by it, withholding the payment of proposed pending final total bill amount for the above 8 work orders is Rs.29,40,404/- even after finalizing the bills payable to the petitioner for providing 175mm Dia Deep Bores, Water Supply Arrangements to Mekala Kabela Community Hall in 20th Division, Providing B.P.B Taps in 27 to 32 Divisions of Kakinada Municipal Corporation, Providing 100mm GL pipeline for bore motors back wash tank lines for plant-3 and 4, Repairs to 350 mm dia Dummy Valves, Various for plant no 2 and 3 Victoria Water Works, Providing Wetmix formation Approach Road for Damaged Canal at Aratlaktta SS Tank in Kakinada Municipal Corporation., and approved for payment, even after completion of defect liability period and inspite of repeated requests, as illegal, arbitrary, discriminatory, unjust enrichment, violative of Articles 14, 19 and 21 of the Constitution of India, apart from being contrary to the orders of this Honble Court issued from time to time and consequently direct the respondents to forthwith release pending bill/balance amount admittedly due to the petitioner in respect of aforesaid works along with interest accrued thereon 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 may be pleased to direct the Respondents to forthwith pay the pending bill amounts payable to the Petitioner in relation to the aforesaid works executed by it, for Engaging Tractor and JCB temporarily for 7 days at 47‘^ ward to 50‘^ wards for clearance of heaped waste and temporarily provided JCB for removal of Silt to Major drains at various locations in Kakinada Municipal Corporation., with the final total bill amount for the above 7 work orders is Rs.29,40,404/- pending disposal of the main Writ Petition and pass Counsel for the Petitioner: 1. RAM BABU DEVAVARAPU Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP 2. GP FOR FINANCE PLANNING The Court made the following Order: Learned counsel for the petitioner submits that the petitioner has completed the works entrusted by the 5th respondent and submitted final bills. However, amounts have not been paid. Aggrieved by the same, the present Writ Petition is filed. 2. No counter-affidavit has been filed by the respondents. 3. Learned Standing Counsel for respondents 3 & 5 submits that the bills could not be paid on account of financial constraints. It is further stated that the petitioner will be paid soon after the release of the budget. 4. Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Municipal Administration and Urban Development, for respondents 1 & 4; the learned Assistant Government Pleader for Finance and Planning, for the 2nd respondent and the learned Standing Counsel for respondents 3 & 5. 5. Considering the submissions, the respondents 2 & 5 are hereby directed to verify and release the payment due payable to the petitioner as expeditiously as possible, preferably within a period of seven (7) weeks from the date of receipt of a copy of this order. 6. Accordingly, the Writ Petition is disposed of. No costs. 7. Pending miscellaneous petitions, if any, shall stand closed. ____________________ JUSTICE HARINATH.N Date: 21.08.2025 TVN 185 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.13917 OF 2025 Date: 21.08.2025 TVN