APHC010265862024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY, THE SIXTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 13264/2024 Between: 1. M/S.BHAVANI CONSTRUCTIONS, REP BY.ITS MANAGING PARTNER, NAGAMKONDALA RAO S / O. N. CHINNAVEERRAJ U, AGE 55 YEARS, R/O. 21-01-5/3, FYDA VARI STREET SALI PETA,KAKINADA, EAST GODAVARI DISTRICT, ANDHRA PRADESH ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPAL CORPORATION, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR. 2. MUNICIPAL CORPORATION KAKINADA, 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. 2 5. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, HOUSING DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR. 6. THE DISTRICT HEAD OF A P, STATE HOUSING DEPARTMENT, KAKINADA DISTRICT. 7. THE MANAGING DIRECTOR M D, HOUSING DEPARTMENT, KAKINADA DISTRICT. 8. THE PROJECT DIRECTOR PD, HOUSING DEPARTMENT, KAKINADA DISTRICT. RR 5 TO 8 ARE IMPLEADED AS PER THE COURT ORDER DT.19.09.2024 VIDE ORDERS PASSED IN I.A.NO. 02 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 tomore particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the payments of pending amounts of Rs. 1,92,60,120/- (One Crore Ninty Two Lakhs, Sixty Thousand, One Hundred and Twenty Rupees only) even after finalizing the bills payable to the petitioner in relation to the Three works i.e I. providing walking track and cycle track from RTO office centre uptovalasapakala road Agreement NO.70/SE/2022- 23,Dated 16/9/2022,11. construction of CC drains,CCRoads,RCCCulverts,wallraising in various places of parlopeta,sanjaynagar,ganesh colony ,nookalammamanyam in 12 th Division,Agreement No.Ol/SE/2023-24, Dated 17/4/2023.,III. Laying of Wetmix to 60 feet Approach Road at of CC KomaragiriLayout,Agreement No. 17/2022- 2023,Dated 2.4.2022 the year 2020 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. 1,92,60,120/- (One Crore NintyTwo Lakhs, Sixty Thousand, One Hundred and Twenty Rupees only) with interest @ 24 percent per annum for the delayed amount till date of realization for the works executed by the petitioner 3 and pass any other order or orders as this Honble Court may deem fit and proper in the facts and circumstances of the case 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 may be pleased to direct the respondents to releasing the amounts payable to him, pending disposal of the write petition and pass such 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 Implead The State of Andhra Pradesh, Rep. by its Principal Secretary, Housing Department, Secretariat, Velagapudi, Amaravathi, Guntur as Respondent No.5; The District Head of A.P. State Housing Department, Kakinada District as Respondent No.6; The Managing Director (M.D.), Housing Department, Kakinada District as Respondent No.7 and The Project Director (PD), Housing Department, Kakinada District as Respondent No.8 in the above Writ Petition No. 13264 of 2024 and pass Counsel for the Petitioner: 1. MEKALA ANUSHA Counsel for the Respondent(S): 1. KALYAN CHAKRAVARTHY R 2. M Krishna Rao SC for skl vzm kkd Municipal Corporations 3. J DILEEP KUMAR 4. GP MUNCIPAL ADMN AND URBAN DEV AP 5. GP FOR FINANCE PLANNING 4 The Court made the following order: Learned counsel for the petitioner submits that the petitioner has completed the work i.e., 1) Providing walking track and cycle track from RTO office centre up to Valasapakala Road vide Agreement No.70/SE/2022-23, dated 16.09.2022, 2) Constructions of CC drains, CC Roads, RCCC ulverts, wall raising in various places of Parlopeta, Sanjaynaga, Ganesh Colony, Nookalammamanyam in 12th Division vide Agreement No.01/SE/2023-24, dated 17.04.2023, 3) Laying of Wetmix to 60 feet Approach Road at Komaragiri layout vide Agreement No.17/2022-2023, dated 02.04.2022, entrusted by the respondents and submitted the final bill for an amount of Rs.1,92,60,120/-. However, amounts have not been paid to the petitioner. Aggrieved by the same, the present Writ Petition is filed. 2. Heard learned counsel for the petitioner, learned Assistant Government Pleader for Municipal Administration Department, learned Assistant Government Pleader for Finance and Planning and learned Standing Counsel for Municipal Corporation. 3. Considering the submissions, the concerned respondent is hereby directed to verify and release the amount of Rs.1,92,60,120/- ( One Crore Ninty Tow Lakhs Sixty Thousand One Hundred and 5 Twenty Rupees Only) payable to the petitioner as expeditiously as possible preferably 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 of. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date: 16.07.2025 ANS 6 182 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 13264/2024 Date: 16.07.2025 ANS