APHC010294412024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 14727/2024 Between: 1. N.V.N.S.S. KRISHNA PRASAD,, S/O. RAMA RAO, AGED ABOUT 50 YEARS, OCC CONTRACTOR (CIVIL) WO. ELURU, WEST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY IT'S PRINCIPAL SECRETARY, MA AND UD DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI,GUNTUR DIST. 2. THE STATE OF ANDHRA PRADESH, REP BY IT'S PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, ELURU DISTRICT, ELURU. 4. THE ELURU MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, ELURU, ELURU DIST. 5. THE SUPERINTENDENT ENGINEER, ELURU MUNICIPAL CORPORATION, ELURU, ELURU DISTRICT. 6. THE EXECUTIVE ENGINEER, ELURU MUNICIPAL CORPORATION, ELURU, ELURU 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 2 pleased topleased to the action of the respondents in not releasing the amounts of Rs.90,00,000/- payable to the petitioner due under various agreements, those are (i) Agreement No.69/2022-23 dt.07-11-2022 (ii) Agreement No. 70/2022-23 dt.07-11-2022 (iii) Agreement No.71/2022-23 dt.07-11-2022 (iv) Agreement No. 135/2022-23 dt. 16.03.2023 (v) Agreement No.31/2023-24 dt.20.05.2023 (vi) Agreement No.32/2023-24 dt.20.05.2023 (vii) Agreement No.33/2023-24 dt.20.05.2023 (viii) Agreement No. 13/2023- 24 dt.26.04.2023 (ix) Agreement No. 11/2023-24 dt.26.04.2023 executed by the 6th respondent with regard to the various constructions works in the Eluru Municipality as illegal, arbitrary, unjust, discriminatory and also in violation of principles of natural justice and consequently direct the respondents to release the amount payable to the petitioner in the interest of justice 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 take immediate steps for release the amount of Rs.90,00,000/- payable to the petitioner due under various agreements, those are (i) Agreement No.69/2022-23 dt.07-11-2022; (ii) Agreement No. 70/2022-23 dt.07-11-2022; (iii) Agreement No.71/2022-23 dt.07-11-2022; (iv) Agreement No. 135/2022-23 dt.16.03.2023; (v) Agreement No.31/2023-24 dt.20.05.2023; (vi) Agreement No.32/2023-24 dt.20.05.2023; (vii) Agreement No.33/2023-24 dt.20.05.2023; (viii) Agreement No. 13/2023- 24 dt.26.04.2023 (ix) Agreement No. 11/2023-24 dt.26.04.2023 executed by the 6th respondent with regard to the various constructions works in the Eluru Municipality in the interest of justice and pass Counsel for the Petitioner: 1. G L NAGESWAR RAO Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP 2. GP FOR FINANCE PLANNING The Court made the following: 3 Order:- Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Finance and the learned Standing Counsel for the respondent-corporation. 2. Learned counsel for the petitioner submits that the petitioner has completed the works as per (i) Agreement Nos.69/2022-23, dated 07.11.2022, (ii) 70/2022-23, dated 07.11.2022, (iii) 71/2022-23, dated 07.11.2022, (iv) 135/2022-23, dated 16.03.2023, (v) 31/2023-24, dated 20.05.2023, (vi) 32/2023-24, dated 20.05.2023, (vii) 33/2023-24, dated 20.05.2023, (viii) 13/2023-24, dated 26.04.2023, (ix) 11/2023-24, dated 26.04.2023 entrusted by the concerned respondent-Corporation, and submitted the final bills. 3. It is submitted that a total amount of Rs. 90,00,000/- is due and payable by the concerned respondent-corporation to the petitioner on account of the completion of the aforesaid works. However, the said amount has not been paid. 4. Considering the submissions, there shall be a direction to the respondents to verify and release the payments as expeditiously as possible preferably within a period of eight (08) weeks from the date of receipt of a copy of this order. 4 5. Accordingly, this Writ Petition is disposed off. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ____________________ JUSTICE HARINATH.N 24.07.2025 PNS