APHC010320012024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE SIXTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 16280/2024 Between: 1. M/S. SWATHI CONSTRUCTIONS,, REP. BY IT'S THE MANAGING PARTNER VEMI REDDY REDDAIAH. S/O. VEERA REDDY, AGED 57 YEARS R/O. FLAT NO.203, VENKATADRI RESIDENCY, YERRAMUKKAPALLI VILLAGE, KADAPA MANDAL YSR KADAPA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEPARTMENT A.P. SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, A.P. SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI 3. THE COMMISSIONER AND DIRECTOR OF ADMINISTRATION, GUNTUR, GUNTUR DISTRICT. 4. THE DHONE MUNICIPALITY, REP IS COMMISSIONER, DHONE, NANDYAL DISTRICT. (ERST WHILE KURNOOL DISTRICT) 5. THE COMMISSIONER, DHONE MUNICIPALITY, DHONE, NANDYAL DISTRICT (ERST WHILE KURNOOL DISTRICT) 6. THE CHIEF ENGINEER, PUBLIC HEALTH DEPARTMENT, 2 TADEPALLI, GUNTUR DISTRICT. 7. THE SUPERINTENDING ENGINEER, PUBLIC HEALTH CIRCLE, ANANTAPURAM ANANTAPURAM DISTRICT. 8. THE EXECUTIVE ENGINEER, PUBLIC HEALTH DEPARTMENT NANDYAL,NANDYAL 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 issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not releasing the payments for the contract work executed by the petitioner for Providing Infra-Structure Developmental works viz., CC Roads, CC Drains, CC Culverts and Distribution Pipelines at Dhone Municipality through the Agreement No. 90/2023-24/E1 dated 30.12.2023 for an amount of Rs. 2,21,70,953.18/- is illegal, arbitrary and contrary to the law and unconstitutional and violation of Article 14 of Constitution of India and consequently direct the respondent authorities to release an amount of Rs. 2,21.70.953.18/- with 18percent per annum to the petitioner in respect of the execution of aforementioned work forthwith and to 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 respondent authorities to release an amount of Rs. 2,21,70,953.18/- with interest at 18% for the work executed by the petitioner for providing Infra-Structure Developmental works viz., CC Roads, CC Drains, CC Culverts and Distribution Pipelines at Dhone Municipality through the Agreement No. 90/2023-24/E1 dated 30.12.2023 for an amount of Rs. 2,21,70,953.18/- and to pass Counsel for the Petitioner: 1. MARELLA RADHA Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV 2. Gudapati Lakshminarayana SC For Municipalities in Rayalaseema 3 Region 3. GP FOR FINANCE PLANNING The Court made the following: 4 Order:- Learned counsel for the petitioner submits that the petitioner has executed work, as entrusted by the respondents vide Agreement No.90/2023-24/E1, dated 30.12.2023, and submitted final bills. It is submitted that the competent authority has also recorded the progress of work and certified the work in the M-Book. It is submitted that, in all, an amount of Rs.2,21,70,953.18/- is due and payable by the respondents to the petitioner. Though the work progress was recorded in the M-Book, no amounts have been forth coming. 2. Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Municipal Administration and Urban Development; the learned Assistant Government Pleader for Finance & Planning, and the learned Standing Counsel for the Municipality. 3. Considering the submissions, the respondents are hereby directed to verify and release the payments due 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. No costs. 5. Pending miscellaneous petitions, if any, shall stand closed. ____________________ JUSTICE HARINATH.N 06.08.2025 PNS 5 6