1 APHC010308932025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] MONDAY ,THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 15722/2025 Between: 1. M/S.JINAN CONSTRUCTIONS PRIVATE LIMITED ,, MANAGING DIRECTOR, SRI.VELAVALI MOHAMMED FAHEEM ARSHAD,S/O. V.SAHEB.AGED 45 YEARS, FLAT NO.403,4TH FLOOR,GREEN VALLEY APARTMENT, YERRAGUNTIA, BYPASS ROAD, PRODDATUR,Y.S.R DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPAL, ADMINISTRATION AND URBAN DEVELOPMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR. 2. THE DISTRICT COLLECTOR, KRISHNA DISTRICT. 3. THE VIJAYAWADA MUNICIPAL CORPORATION, REP.BY. COMMISSIONER,VIJAYAWADA, KRISHNA DISTRICT. 4. THE EXECUTIVE ENGINEER, MUNICIPAL CORPORATION, VIJAYAWADA,KRISHNA DISTRICT. 5. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPT. OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DIST. 2 ...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 an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the payments of pending amounts of Rs.4,68,143/- (Four Lakhs, Sixty Eight Thousand, One hundred and Forty Three Rupees only)even after finalizing the bills payable to the petitioner in relation to the works i.Q. I.Providing galvanised link mesh fencing to kalakshetram bridge on ryves canal (west side) at MG Road (Ell-144889/2018) vide Agreement no.157/2019- 20,Dated 18.07.2019 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.4,68,143/- (Four Lakhs, Sixty Eight Thousand, One hundred and Forty Three Rupees only)with interest @ 24percnet per annum for the delayed amount till date of realization for the works executed by the petitioner and pass any other order or orders as this Hon ble Court may deem fit and proper in the facts and circumstances of the case. IA 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 consider releasing the amountsRs.4,68,143/- (Four Lakhs, Sixty Eight Thousand, One hundred and Forty Three Rupees only)payable to the petitioner herein, pending disposal of the writ petition and pass such Counsel for the Petitioner: 1. DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV 2. GP FOR REVENUE 3. GP FOR FINANCE PLANNING The Court made the following: 3 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No. 15722 of 2025 ORDER: 1. The present Writ Petition is filed questioning the inaction of the Respondents in not making payment of Rs.4,68,143/- even after finalizing the bills payable to the Petitioner for the work executed by the Petitioner i.e., i) Providing galvanised link mesh fencing to Kalakshetram bridge on ryves canal (west side) at MG Road (E11-144889/2018) vide agreement No.157/2019-20, dated 18.07.2019. 2. Learned Standing Counsel while passing on the Written Instructions signed by the Executive Engineer-II admitted the agreement and execution of work by the Petitioner. It is stated that an amount of Rs.3,58,160/- is due to the Petitioner but not Rs.4,68,377/- as claimed by the petitioner and the admitted amount would be paid to the Petitioner on receipt of the funds under Swachh Bharath Grant. 3. Since the execution of work and the amount of Rs.3,58,160/- due to the Petitioner are not in dispute, this Court deems it appropriate to dispose of the Writ Petition with the following direction: i) The Respondent Authorities are directed to make the admitted payment of the amount i.e., Rs.3,58,160/- to the Petitioner within a period of Three months from today. 4 ii) As regard the additional claim i.e., over and beyond the admitted amount, the Petitioner may work out his legal remedies in an appropriate Civil Court. iii) There shall be no order as to costs. 4. The Writ Petition is disposed of accordingly. As a sequel, miscellaneous petitions, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 30.06.2025 eha 5 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No. 15722 of 2025 Date: 30.06.2025 eha U