APHC010282862024 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: 14326/2024 Between: 1. LAKSHMI NARASIMHA METAL ENTERPRISES,, REP. BY ITS PROPRIETOR, JAGADEESHWAR REDDY, S/O. GANGI REDDY, AGED ABOUT 65 YEARS, HAVING ITS OFFICE AT KUTAGULLA VILLAGE, KADIRI MANDAL, SATYA SAI DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. THE KADIRI MUNICIPALITY, REP., BY ITS COMMISSIONER, KADIRI TOWN, SRI SATYA SAI DISTRICT. 2 4. THE COMMISSIONER, THE KADIRI MUNICIPALITY, KADIRI TOWN, SRI SATYA SAI 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 pass an appropriate Writ more particularly one in the nature of Writ of Mandamus declaring the inaction on part of the respondents No.l to 4 in not paying a sum of Rs. 12,58,728/- (Rupees Twelve Lakhs Fifty Eight Thousand Seven Hundred and Twenty Eight) for works entrusted in my favour and executed by me towards Construction of 600mm CC Drains from D.No.1/1135-25-H to Muncipal School Road at 5th Election Ward of Kadiri Muncipality under 14th Finance Commission Basic Grant for the year 2018-2019, even after lapse of two (2) years from the date of completion of the said works, as arbitrary, illegal, colourable exercise of power, abdication of the statutory duty cost on them and contrary to the well- established legal principles apart from being violative of the fundamental rights guaranteed to the petitioner under Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondents to pay me a sum of Rs. 12,58,728/- (Rupees Twelve Lakhs Fifty Eight Thousand Seven Hundred and Twenty Eight) for works entrusted in my favour and executed by me towards Construction of 600mm CC Drains from D.No.1/1135-25-H to Muncipal School Road at 5th Election Ward of Kadiri Muncipality under 14th Finance Commission Basic Grant for the year 2018-2019 executed by the petitioner and 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 to pay me a Rs. 12,58,728/- (Rupees Twelve Lakhs Fifty Eight Thousand Seven Hundred and Twenty Eight) for works entrusted in my favour and executed by me towards Construction of 600mm CC Drains from D.No.1/1135-25-H to Muncipal School Road at 5th Election Ward of Kadiri Muncipality under 14th Finance Commission 3 Basic Grant for the year 2018-2019 executed by the petitioner, pending disposal of the above Writ Petition and pass Counsel for the Petitioner: 1. B.ABHAY SIDDHANTH MOOTHA Counsel for the Respondent(S): 1. N RANGA REDDY (SC MC RSEEMA SPSR NLR) 2. GP MUNCIPAL ADMN AND URBAN DEV AP 3. 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., Construction of 600mm CC Drains from D.No.1/1135-25-H to Municipal School Road at 5th Election Ward of Kadiri Municipality under 14th Finance Commission Basic grants for the year 2018-19 vide agreement No.161-2020-21, dated 31.12.2020, entrusted by the 4th respondent and submitted the final bills for an amount of Rs.12,58,728/-. 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 and Urban Development, learned Assistant Government Pleader for Finance and Planning and learned Standing Counsel for Municipal Corporation. 3. Learned Standing Counsel for the Corporation, basing on the counter, submits that an amount of Rs.13,95,365/- was recommended to pay to the petitioner by the 3rd respondent and that on account of budgetary constraints, bills could not be released. 4. Considering the submissions, the respondents 2 to 4 are hereby directed to verify and release the amount of Rs.12,58,728/- 5 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. 5. 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 6 193 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 14326/2024 Date: 16.07.2025 ANS