APHC010000722025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 228/2025 Between: 1. M/S. N.C.H. PULLA RAO, M/S. N.C.H. PULLA RAO, 24-3-2, MIG A- 154, VUDA COLONY, VINAYAIKA NAGAR, PEDAGANTYADA, VISAKHAPATNAM-44, REP.BY ITS MANAGING PARTNER ATIURI HARI VIJAY KUMAR. 2 ATLURI HARI VIJAY KUMAR, S/O.SURYA PRAKASH RAO, AGED 45 YEARS, OCC: CONTRACTOR, R/O.D.NO.24-35-3, MIG-1-86, VUDA COLONY, VINAYAKA NAGAR, PEDAGANTYADA, VISAKKHAPATNAM-44, VISAKHAPATNAM DISTRICT. ...PETITIONERS AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY MUNICIPAL ADMINISTRATION DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATI, THULLUR MANDAL, GUNTUR DISTRICT. 2. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, THULLUR MANDAL, GUNTUR DISTRICT. 3. THE DIRECTOR OF WORKS AND ACCOUNT OFFICER, NIDHI BHAVAN, MANGALAGIRI IT PARK, BEHIND APIIC BUILDING, MANGALAGIRI, GUNTUR DISTRICT. 4. THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, SRI KRISHNA ENCLAVE, GORANTLA, 5. THE DISTRICT COLLECTOR, ANAKAPALLI DISTRICT, ANAKAPALLI. 6. THE NARSIPATNAM MUNICIPALITY, REP. BY ITS COMMISSIONER, NARSIPATNAM, ANAKAPALLI DISTRICT. 7. THE DEPUTY EXECUTIVE ENGINEER, NARSIPATNAM MUNICIPALITY, 8. THE ASSISTANT EXECUTIVE ENGINEER, NARSIPATNAM MUNICIPALITY, NARSIPATNAM, ANAKAPALLI DISTRICT. 9. SUPERINTENDING ENGINEER PH PUBLIC HEALTH CIRCLE, PUBLIC HEALTH ENGINEERING DEPARTMENT, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 10. THE EXECUTIVE ENGINEER PH, PUBLIC HEALTH DIVISION, VISAKHAPATNAM, PUBLIC HEALTH ENGINEERING 2 DEPARTMENT, VISAKHAPATNAM 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 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 respondents works/Agreement, not measuring the works executed by the Petitioners and not finalizing bills towards bills for the works executed by the Petitioners including release of deposits i.e Providing B.T. Road from Sri Venkateswara Swamy Temple to Electrical Sub-Station, Pedaboddepalli in Narsipatnam Municipality through the Agreement No. 164/2023-24 dated 29-12-2023, ii) Providing Centre Lighting and Greenery from Abid Centre to Pedda Boddepalli Junction of Narsipatnam Municipality through the Agreement No. 87/2023-24 dated 16-10-2023 and hi) Expansion of Main Road from Abid Centre to Peddaboddepalli Madum in Narsipatnam Municipality through the Agreement No.86/2023-24, dated 16-10-2023 as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondent authorities to measure the works, finalize bills and to clear bills to the Petitioners by closing the contract works and pass 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 pleased to direct respondents to measure the works executed by the Petitioners and record the same in Measurement Book, to finalize the bills and to pay the balance amounts of works forthwith to the Petitioners i.e., i) Providing B.T. Road from Sri Venkateswara Swamy Temple to Electrical Sub- Station, Pedaboddepalli in Narsipatnam Municipality through the Agreement No. 164/2023-24 dated 29-12-2023, ii) Providing Centre Lighting and Greenery from Abid Centre to Pedda Boddepalli Junction of Narsipatnam Municipality through the Agreement No. 87/2023-24 dated 16-10-2023 and hi) Expansion of Main Road from Abid Centre to Peddaboddepalli Madum in Narsipatnam Municipality through the Agreement No.86/2023-24, datedl6-10- 2023, pending disposal of the main Writ Petition and pass Counsel for the Petitioner: 1. RAMBABU KOPPINEEDI Counsel for the Respondent(S): 1. Sireesha Rani Vallabhaneni,Standing Counsel For Municipalities 2. GP FOR MEDICAL HEALTH FW 3. GP MUNCIPAL ADMN AND URBAN DEV AP 4. GP FOR FINANCE PLANNING The Court made the following: 3 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 228 OF 2025 ORDER : 1. The petitioners are aggrieved by the in-action on part of the respondents in releasing payments for the works completed by the petitioners. It is submitted that the respondents have also not released the amounts for the works entrusted and the works entrusted to the petitioners partly completed and on account of the delay, the respondent authorities have to cancel the agreement and finalize the payments for the work completed by the petitioners. 2. In this regard, the petitioners submitted a representation on 14.11.2024 seeking the respondents to finalize the bill amounts for the works executed and release the payments. 3. The learned standing counsel appearing for the 6th respondent submits that the payments are disputed as the works are at midway. It is submitted that a detailed counter is filed and that the respondent authorities would have to approve the bills for the work completed by the petitioners and that the concerned Engineers or the appropriate authority are responsible for approving the bills. The work entrusted to the petitioners would also have to be evaluated by the concerned respondents 9 and 10 and after submission of their report the respondents 7 and 8 would approve the bills. That apart it is also submitted in the counter that the petitioners themselves abruptly stopped the work, as such, the petitioners themselves to close the 4 contract agreement. It is also stated in the counter that the respondents 7 and 8 also faced vigilance and enforcement enquiry and as such they were incharge of the work. 4. Considering the submissions, the writ petition is disposed off directing the respondents 6 to 10 to verify and ascertain the extent of work completed by the petitioners and release the payment for the work executed by the petitioners as expeditiously as possible preferably within a period of six weeks from the date of receipt of a copy of this order. 5. Accordingly, this Writ Petition is disposed off. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ____________________ JUSTICE HARINATH.N KGM 5 290 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 228 OF 2025 Dated 28.07.2025 KGM