APHC010328252024 IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI (Special Original Jurisdiction) ^ . 050 3kC .'I 0 TUESDAY, THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 16760 OF 2024 Between: Kesanakurthi Venkateswara Rao, S/o. Veera bhadra Rao, aged about 63 years old R/o. 57-9-27 Tillapudi Vari lane, Durga Temple, Jagannadapuram, Kakinada, Kakinada Dist. ...Petitioner AND The State of Andhra Pradesh, Rep by its Principal Secretary, Municipal Administration and Urban Secretariat Buildings, Velagapudi, Amaravati. 2. The Commissioner and Director, Municipal Administration and Urban Development Department, Government of A.P, Vijayawada, NTR District. 3. The District Collector, Kakinada District, Kakinada. 4. The Municipal Corporation, Kakinada Rep by its Kakinada Town, Kakinada District. 5. The Superintending Engineer, Municipal Corporation Kakinada District. 6. The Executive Engineer, Municipal Corporation Kakinada, Kakinada District 1. Development Department Commissioner, Kakinada, 7. The State of Andhra Pradesh, Rep by its Principal Secretary, Finance and Planning Department Secretariat Buildings, Velagapud^, Amaravathi. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circuftistances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus to declaring the action on the part of the respondents herein, not releasing and pay the bill amounts worth of Rs. 17,74,946/- with interest to the petitioner even though total works were executed and completed as illegal, arbitrary and violation of Article 14, 16 and 21 Constitution of India and Consequentially to direct the respondents to release and pay the bill amounts worth of Rs. 17,74,946/- with interest petitioner forthwith. I f of to the lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to release and pay the bill amounts worth of Rs. 17,74,946/- with interest to the petitioner forthwith, pending disposal of the above writ petition. Counsel for the Petitioner: Mrs. SAMEERA BOKKA Counsel for the Respondent Nos.1 to 3 : GP FOR MUNICIPAL ADMN URBAN DEVELOPMENT Counsel for the Respondent Nos.4 to 6 : SRI M. KRISHNA RAO, SC FOR MUNICIPALITY Counsel for the Respondent No.7 : GP FOR FINANCE AND PLANNING The Court made the following order: APHC010328252024 IN THE HIGH COURT OF ANDHRy\ PFJADESH AT AMARAVATI (Special Original Jurisdiction ) SEE =hC [3457] TUESDAY,THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HAF?II\IATH.N WRIT PETITION NO: 16760/2024 Between: 1.KESANAKURTHI VENKATESWARA RAO, S/0 VEERA BHADRA RAO AGED ABOUT 63 YEARS OLD R/0 57-9-27 TILLAPUDI VARI LANE, DURGA TEMPLE, JAGANNADAPURAM, KAKINADA,KAKINADA DIST. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY.MUNICIPAL DEVELOPMENT VELAGAPUDI, AMARAVATI. ADMINISTRATION AND URBAN DEPARTMENT, SECRETARIAT BUILDINGS, 2.THE COMMISSIONER AND DIRECTOR, ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT GOVERNMENT OF A.P, VIJAYAWADA, NTR DISTRICT. MUNICIPAL 3.THE DISTRICT COLLECTOR, KAKINADA DISTRICT, KAKINADA. 4.THE MUNICIPAL CORPORATION COMMISSIONER, KAKINADA TOWN, KAKINADA DISTRICT. 5.THE SUPERINTENDING ENGINEER, , MUNICIPAL CORPORATION KAKINADA, KAKINADA DISTRICT. 6.THE EXECUTIVE ENGINEER, KAKINADA, KAKINADA DISTRICT KAKINADA REP BY ITS MUNICIPAL CORPORATION /.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT 2 SECRETARIAT BUILDINGS, VELAGAPUDl, AMARAVATHl. ..JRESPONDENT(S); under Article 226 of the Constitution of India praying that in the affidavit filed therewith, the High Court may be direction mote particularly one in the nature Petition circumstances stated in the pleased to issue a Writ, Order or of Writ of Mandamus to declaring the action on the part of the responden s the bill amounts worth of Rs. 17,74,946/- with executed and herein, not releasing and pay interest to the petitioner even though total works vt/ere completed as illegal, arbitrary and violation of Article 14, 16 and 21 o Constitution of India and Consequentially to direct the respondents to release and pay the bill amounts worth of Rs. 17,74,946/- with interest to the petitioner forthwith, and to pass lA 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 Phased pleased to direct the respondents to release and pay the bill amounts worth o Rs. 17,74,946/- with interest to the petitioner forthwith, pending disposal o the above writ petition and to pass Counsel for the Petitioner: 1.SAMEERABOKKA Counsel for the Respondent(S): 1.M Krishna Rao SC for ski vzm kkd Municipal Corporations 2.GP MUNCIPAL ADMN AND URBAN DEV AP 3.GP FOR FINANCE PLANNING The Court made the following; 3 Order;- tt'ie learned Assistant Heard the learned counsel for the petitioner Government Pleader for Finance and the learned Standing Counsel for the respondent-corporation. Learned counsel for the petitioner submits that the petitioner has completed 2. the work of Construction of CC Drains at L.B.Nagar and Nagamaliithota Colony of 46B ward of KMC.GGMP, entrusted by the respondent-C^orporation, and has submitted the final bills. It is submitted that a total amount of Rs. 17,74,946/- is due and payable by 3. the respondent-corporation to the petitioner on account of the completion of the aforesaid work. However, the said amount has not been paid. It is stated in the counter filed by the 4*^ respondent that the bills could not be paid on account of financial constraints. It is further stated that the petitioner will be 4. m respondent Corporation. It is also paid soon after the release of the budget to the 4 submitted that the bills due and payable to the petitioner are admitted. Considering the submissions, there shall be a direction to the 5. respondents to verify and release the payments as expeditiously as possible preferably within a period of six (06) weeks from the date of receipt of a copy of this order. Accordingly, this Writ Petition is disposed off. There sfiall be no order as to 6. costs As a sequel, miscellaneous petitions pending, if any, shsill stand closed. Sd/- V DIWAKAR DEPUTY REGISTRAR SECTION OFFICER //TRUE COPY// To, ^ * \ 1. The Principal Secretary, Municipal Administration Development Department, State of Andhra and Urban Pradesh, Secretariat Buildings, Velagapudi, Amaravati. ' District. and Urban Vijayawadb, NTR A.P, 3- The District Collector, 4- The Commissioner, Kakinada District, 5. The Kakinada District, Kakina Municipal Corporation, da Kakinada, Kakinada Town, Superintending Engineer Kakinada District. 6- The Executive Engineer District . Municipal C orporation Kakinada, Municipal Corporation Kakinada, Kakinada 7. The Principal Secretary Andhra Pradesh, . Finance and Planning Department ecretariat Buildings , State of Velagapudi, Amaravathi. 8. One CC to Mrs. Sameera Bokka, Advocate [OPUC] Krishna Rao. SC for Municipality [OPUC] to GP for Municipal Admn Court of Andhra Pradesh to. Two CCs 9. One CC to Sri M. 10. Two CCs & Urban Development High [OUT] to GP for Finance and Planning, High Court Pradesh [OUT] of Andhra 12. Two CD Copies Cnr HIGH COURT DATED:02/09/2025 ORDER WP NO. 16760 OF 2024 17 SEP 2025 Co irrentSectjQjv*^''*^ DISPOSING OF THE W.P. WITHOUT COSTS