IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI //o (Special Original Jurisdiction) THURSDAY,THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE APHC010264752025 ipJJ W \v t \ PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 13693 OF 2025 Between: Gokeda Veera Venkata Rao, S/o. Krishna Murthy, Contractor, R/o. D.No. 13/2, Bonam Street, Kakinada (Urban), Kakinada, East Godawari District. 37- 6- ...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 by its Principal Secretary 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 Kakinada, East Godawari District Finance Rep by its Commissioner ...RESPONDENTS praying that in the circumstances stated in the affidavit filed therewith, the High Court pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of releasing the bill amounts admittedly due to the petitioner despite successful Petition under Article 226 of the Cohsfitution of India may be the respondents in not completion of fore said works as per the details mentioned in the work orders No. i). Roc.No. 32801/2024/E4, dated 30.01.2024, Estimated Amount is Rs. 97,323/- and Final Bill Amount is Rs. 97,323/-, ii). Roc.No. 32803/2024/E4. dated 30.01.2024, Estimated Amount is Rs. 97,323/- and Final Bill Amount is Rs. 7,323/-, iii). Roc.No f U' 32800/2024/E4, dated 30.01.2024, Estimated Amount is 97,323/- Rs. 97,323/-, iv). Roc.No.and Final Bill Amount is Rs. 97,323/- and 32802/2024//E4, dated 30.01.2024, Estimated Amount is Rs. 97,323/-, V). Roc.No. 6299/2024/E4, datedFinal Bill Amount Is 25.05.2024, Estimated Amount is Rs. 94,400/- and Final Bill Amount is Rs. 94,400/-, vi). Roc.No. 6298/2024/E4, dated 25.05.2024, Estimated Amount is 94,400/- and Final Bill Amount is 94,400/-, vli). Roc.No. 6297/2024/E4, dated 25.05.2024, Estimated Amount is Rs. 94,400/- and Final Bill Amount is Rs. 94,400/-, vili). Roc.No. 6294/2024/E4, dated 25.05.2024, Estimated Amount is Rs. 94 400/- and Final Bill Amount is Rs. 94,400/-, ix). 25.05.2024, Estimated Amount is Rs. 94,400/- and Final Bill Amount 94,400/-, X). Roc.No. 6296/2024/E4, dated 25.05.2024 Roc.No. 6295/2024/E4, dated is Rs. Estimated Amount is Rs. 94,400/- and Final Bill Amount is Rs.94,400/-, for the works executed by it, withholding the payment of proposed pending final totalbill amount for the above 10 work orders is Rs. 9,55,692/- even after finalizing the bills payable to the petitioner for Engaging Tractor and JCB temporarily for 7 days at 47ward to 50th wards for clearance of heaped waste temporarily provided JCB for removal of Silt to Major drains at various locations in Kakinada Municipal Corporation, and approved for payment, even after completion of defect liability period and inspite of repeated requests, as illegal, arbitrary, 19 and 21 of the this Honble consequently direct the respondents to forthwith release pending bill/balance amount admittedly due to the petitioner in respect of aforesaid works along y, with interest accrued thereon. discriminatory, unjust enrichment, violative of Articles 14. Constitution of India, apart from being contrary to the orders of Court issued from time to time and , 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 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 47th ward to 50th 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 10 work orders is Rs. 9.55,692/- pending disposal of the main Writ Petition and pass such Counsel for the Petitioner: SRI RAM BABU DEVAVARAPU Counsel for the Respondent Nos.1 & 4: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent No.2:GP FOR FINANCE AND PLANNING Counsel for the Respondent Nos.3 & 5:SRI M. KRISHNA RAO, SC FOR KMC The Court made the following order: APHC010264752025 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: 13693/2025 Between: 1.GOKEDA VEERA VENKATA RAO, , S/0. KRISHNA MURTHY, CONTRACTOR, R/0. 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 MUNICIPAL ADMINISTRATION AND URBAN A P SECRETARIAT AT VELAGAPUDI SECRETARY DEVELOPMENT, AMARAVATHI GUNTUR DISTRICT 2.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY FINANCE DEPARTMENT. A P SECRETARIAT AT VELAGAPUDI AMARAVATHI GUNTUR DISTRICT 3.THE SUPERINTENDENT ENGINEER MUNICIPAL CORPORATION, , KAKINADA EAST GODAWARI DISTRICT 4.THE DISTRICT COLLECTOR 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 the nature of WRIT OF 9. writ, order or direction more particularly one in MANDAMUS declaring the action of the respondents in not releasing the bill amounts admittedly due to the petitioner despite successful completion of fore said works as per the details mentioned in the work orders No. i). Roc.No. 32801/2024/E4, dated 30.01.2024, Estimated Amount is Rs. 97,323/- and Final Bill Amount is Rs. 97,323/-. ii). Roc.No. 32803/2024/E4. dated 30.01.2024, Estimated Amount is Rs. 97,323/- and Final Bill Amount is 7,323/-, iii). Roc.Np 32800/2024/E4, dated 30.01.2024, Estimated Amount is 97,323/- Rs. 97,323/-, iv). Roc.No.and Final Bill Amount is Rs. 97,323/- and 32802/2024//E4, dated 30.01.2024, Estimated Amount is Rs. 97,323/-, V). Roc.No. 6299/2024/E4, datedFinal Bill Amount Is 25.05.2024, Estimated Amount is Rs. 94,400/- and Final Bill Amount is Rs. 94,400/-, vi)! Roc.No. 6298/2024/E4, dated 25.05.2024, Estimated Amount is 94,400/- and Final Bill Amount is 94,400/-, vli). Roc.No. 6297/2024/E4, dated 25.05.2024, Estimated Amount is Rs. 94,400/- and Final Bill Amount is Rs. 94,400/-, vili)! Roc.No. 6294/2024/E4, dated 25.05.2024, Estimated Amount is Rs. 94,400/- and Final Bill Amount is Rs. 94,400/-, ix). Roc.No. 6295/2024/E4, dated 25.05.2024, Estimated Amount is Rs. 94,400/- and Final Bill Amount is Rs. 94,400/-, X). Roc.No. 6296/2024/E4, dated 25.05.2024, Estimated Amount is Rs. 94,400/- and Final Bill Amount is Rs.94,400/-, for the works executed by it, withholding the payment of proposed pending final totalbill amount for the above 10 work orders is Rs. 9,55,692/- even after finalizing the bills payable to the petitioner for Engaging Tractor and JCB temporarily for 7 days at 47ward to 50th wards for clearance of heaped waste temporarily provided JCB for removal of Silt to Major drains at various locations 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 y, with interest accrued thereon and pass such 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 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 47th ward to Rs. Page 3 of 5 r 50th 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 10 work orders is Rs. 9.55,692/- pending disposal of the main Writ Petition and pass such Counsel for the Petitioner: 1.RAM BABU DEVAVARAPU Counsel for the Respondent(S): 1 .M Krishna Rao SC for ski vzm kkd Municipal Corporations 2.GP FOR MUNCIPAL ADMN URBAN DEV 3.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 5 respondent and submitted final bills, paid. Aggrieved by the However, amounts have not been Writ Petition is filed. same, the present 2. It is stated in the counter that the bills could financial constraints. It is further stated that the petitioner will after the release of the budget to the 5*^ Heard the learned not be paid on account of be paid soon respondent-corporation. 3. counsel for the petitioner, the learned Government Pleader tor Municipal Administration Assistant and Urban Development, for Pleader for Finance the learned Standing Counsel for respondents 1 & 4; the learned Assistant Government and Planning, for the 2"'' respondent and respondents 3 & 5. 4. Considering the submissions, the respondent verify and release the payment due payable No.5 is hereby directed to to the petitioner as expeditiously as possible, preferably within a period of six (6) weeks from the date of receipt of a copy of this order. 5. Accordingly, the Writ Petition is disposed of. No costs. 6. Pending miscellaneous petitions, if any, shall stand closed. Sd/- P.VINOD KUMAR ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Municipal Administration and Urban Development, State of Andhra Pradesh, A. P. Secretariat at Velagapudi Amaravathi, Guntur District p 2. The Principal Secretary, Finance Department, State of Andhra Pradesh, A P Secretariat at Velagapudi, Amaravathi, Guntur District The Superintendent Engineer, Municipal Corporation, Kakinada 4. The District Collector, East Godawari District, Kakinada. 5. The Commissioner, Kakinada Municipal Corporation, Kakinada, East Godawari District 6. One CC to Sri Ram Babu Devavarapu, Advocate [OPUC] 7. One CC to Sri M. Krishna Rao, SC for KMC[OPUC] Two CCs to GP for Municipal Administration and Urban Development, High Court of Andhra Pradesh [OUT] Two CCs to GP for Finance and Planning, High Court of Andhra Pradesh [OUT] 10. Two CD Copies. 3. 8. 9. ssb HIGH COURT DATED:21/08/2025 ORDER WP No. 13693 OF 2025 I 15 SEP 2025 j ^ . Current Section . ov •Soli DISPOSING OF THE W.P. WITHOUT COSTS