APHC010302042024 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: 15194/2024 Between: 1. POTHUPALLY SRIKANTH, S/O. P KRISHNA, AGED ABOUT 30 YEARS, R/O. D.NO. 51-980-100B, INDRA GANDHI NAGAR, NEAR MARKET YARD, KALLUR MNADAL, KURNOOL DISTRICT -518003. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, MUNICIPAL ADMINISTRATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, THULLUR MANDAL, GUNTUR DISTRICT. 2. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI AMARAVATHI, THULLUR MANDAL, GUNTUR DISTRICT. 3. THE DIRECTOR, FINANCE DEPARTMENT, VELAGAPUDI, AMARAVATHI. 4. THE DIRECTOR OF WORKS AND ACCOUNT OFFICER, ANJANEYA TOWERS, IBRAHIMPATNAM, KRISHNA 2 DISTRICT. 5. COLLECTOR AND DISTRICT MAGISTRATE, , (MA AND UD) KURNOOL, KURNOOL DISTRICT. 6. THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, SRI KRISHNA ENCLAVE GORANTIA, GUNTUR, GUNTUR DISTRICT. 7. THE KURNOOL MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, KURNOOL, KURNOOL DISTRICT. 8. THE EXECUTIVE ENGINEER11 FAC, KURNOOL MUNICIPAL CORPORATION KURNOOL DISTRICT. 9. THE DEPUTY EXECUTIVE ENGINEER, DRAWING BRANCH, MUNICIPAL CORPORATION, KURNOOL, KURNOOL 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 tomay be pleased to issue a Writ, Order, or Direction more particularly one in the nature of WRIT OF MANDAMUS or any other appropriate writ or direction declaring the action of the respondent authorities in withholding the payment of Rs.38,60,259/- even after finalizing the bill total amount, payable to the petitioner in relation to the works i.e., to Construction of 450mm CC drain at D.No.50/751 to 50/754/A and 50/752-C3 to 50-753 and 750mm CC Darin D.No.50-746-9E to 50-749-14 in Tagore Nagar in Ward No.25 in Kurnool district. Vide Agreement No. 143/2023-24, Dt 28.06.2023 in M. Book No. 1839/2017-18, for the total amount of Rs.38,60,259/- in CMDF Grant, for the various works in Kurnool Municipal Corporation through the Agreements ,as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondent authorities to release the pending bills of Rs.38,60,259/- with interest at 18percent for the pending bills forthwith for the above said works executed by the petitioner and pass 3 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 respondents to consider for pending bills of Rs.38,60,259/- with interest @18 % for the works executed by the petitioner for the various works in Kurnool Municipal Corporation in CMDF Grant, through the Agreements forthwith, pending disposal of the main Writ Petition and pass Counsel for the Petitioner: 1. ANNAMNEEDI BALAKRISHNA Counsel for the Respondent(S): 1. POTHAM VENGALA REDDY SC For M.Corporation in Rayalaseema region In 2. GP FOR MUNCIPAL ADMN URBAN DEV 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 450 mm CC drain at D.No.50/751 to 50/754/A and 50/752-C3 to 50-753 and 750 mm CC drain at D.No.50-746-9E to 50-749-14 in Tagore Nagar in Ward No.25 in Kurnool District as per the Agreement No.143/2023-2024, dated 28.06.2023, entrusted by the 7th respondent and the Competent authority submitted the final bills for an amount of Rs.38,60,259/-. 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 respondents 2 to 7 are hereby directed to verify and release the amount of Rs.38,60,259/- 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. 5 As a sequel, miscellaneous petitions pending, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date: 16.07.2025 ANS 6 202 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 15194/2024 Date: 16.07.2025 ANS