1 HN, J W.P.No.17409_2025 APHC010330642025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 17409/2025 Between: 1. N. SASIDHAR REDDY,, S/O. SUDHAKAR REDDY, AGED 40 YEARS. OCCUR CONTRACTOR, R/O. OGURUPAADU, NELLORE RURAL MANDAL, SPSR NELLORE DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. THE DIRECTOR, WORKS ACCOUNTS ANDHRA PRADESH, 3RD FLOOR, ANJANEYA TOWERS, IBRAHIMPATNAM, KRISHNA DISTRICT. 4. NELLORE MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, NELLORE CITY, SPSR NELLORE DISTRICT 5. THE EXECUTIVE ENGINEER, NELLORE MUNICIPAL CORPORATION, NELLORE CITY, SPSR NELLORE DISTRICT 6. THE ASST PAY AND ACCOUNTS OFFICER, WORKS ACCOUNTS, NELLORE, SPSR NELLORE DISTRICT. 2 HN, J W.P.No.17409_2025 ...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 declaring the action of the respondents in not paying the lumpsum contract final bills of Rs. 7,63,262 dated 05-03- 2024, Rs. 12,63,583 dated 05-03-2024, Rs.3,60,390 dated 26-04- 2024, Rs. 9,82,657 dated 26-03-2024, Rs. 16,95,422 dated 05-03- 2024, Rs. 17,83,763 dated 26-04-2024, Rs. 1,56,588 dated 28-04- 2024, Rs. 5,30,982 dated 26- 04-2024, Rs.11,17,564 dated 26-04- 2024, and Rs.8,73,789 dated 08-05- 2024 respectively for the contract works namely 1) Laying of CC Road from D. No 104 to D. No 117 at ST Colony HK Babu Nagar in Division No. 30 of Nellore Municipal Corporation under GGMP (30/1). Covered under Agreement No.503/GGMP/EEI/23-24 dated 06-01-24 2) Laying of CC Road from D. No 108 to D. No 141 at Nakkagopal Nagar in Division No. 30 of Nellore Municipal Corporation under GGMP (30/1). Covered under Agreement No.490/GGMP/EEI/23-24 dated 06-01-24 3) Construction of CC Drain and Culverts from Ramalayam to Dayakar House south side to road at Akkacheruvupadu in Division No.31 of Nellore Municipal Corporation under GGMP (31/1) Covered under Agreement N0.494/GGMP/EEI/23-24 dated 06- 01-24 4) Laying of CC Road From Podalakur Main Road to D.No. - 20/a 1-2- 594 at Raja Rami Reddy nagar in Division No - 31 of Nellore Municipal Corporation under GGMP (31/2) Covered under Agreement No.499/GGMP/EEI/23-24 dated 06-01-24 5) Laying of CC Road From MCPS School at Ramakoataiah nagar to 2nd street of Vasudha nagar in Division No - 31 of Nellore Municipal Corporation under GGMP (31/2) Covered under Agreement No.500/GGMP/EEI/23-24 dated 06-01-24 6) Laying of CC Road at Nethaji Nagar 8th street to Sainidhi Heights Apartment Street in Division No - 32/1 Sanjay Gandhi Nagar of Nellore Municipal Corporation Covered under Agreement No.502/GGMP/EEI/23-24 dated 06-01-24 7) Laying of CC Road at from D.No - 25- 7-563 to D.No - 25-7-566 at Vengala Rao Nagar B block Park Road in Division No - 32 of Nellore Municipal Corporation Covered under Agreement N0.614/GGMP/EEI/23-24 dated 16-02-24 8) Laying of CC Road at Bank Colony 1st Opposite street crossroad to 25-3-810 in Division No - 32/1 Sanjay Gandhi Nagar of Nellore Municipal Corporation Covered under Agreement No.603/GGMP/EEI/23-24 dated 09-02-24 9) Upgradation of CC Road from D.No. 25-6-810 to D. No - 25-6-807/2 at NCC Colony 4th Street in Division No - 32 of NMC Covered under Agreement No.615/GGMP/EEI/23-24 dated 16-02-24 and 10) Laying of CC Road from 3 HN, J W.P.No.17409_2025 Netaji Nagar 2nd street to Ramachandra Mission at Netaji Nagar in Division No - 34 of NMC Covered under Agreement No.651a/GGMP/EEI/23-24 dated 02-03-24 respectively, though the petitioner has successfully executed the same and lumpsum final bills have been issued by respondent No. 5 herein duly counter signed by his sub-ordinate as illegal, arbitrary and against public policy. contrary to the established procedure of law apart from being violative of Article 14 86 19 (g) of the Constitution of India and consequently, to mentioneddirect the respondents to forthwith release the above lumpsum contract final bills for executing the above contract works along with interest @ 18 percent p.a. to the petitioner from the dates of the issuance of lumpsum contract final bills 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 the respondents herein to forthwith release the lumpsum contract final bill amounts of for Rs. 7,63,262 dated 05-03- 2024, Rs. 12,63,583 dated 05-03-2024, Rs.3,60,390 dated 26-04- 2024, Rs. 9,82,657 dated 26-03-2024, Rs. 16,95,422 dated 05-03- 2024, Rs. 17,83,763 dated 26-04-2024, Rs. 1,56,588 dated 28-04- 2024, Rs. 5,30,982 dated 26-04- 2024, Rs.l 1,17,564 dated 26-04- 2024, and Rs.8,73,789 dated 08-05-2024 respectively for the contract works namely 1) Laying of CC Road from D. No: 104 to D. No: 117 at ST Colony HK Babu Nagar in Division No. 30 of Nellore Municipal Corporation under GGMP (30/1) Covered under Agreement NO.503/GGMP/EEI/23-24 dated 06-01-24 2) Laying of CC Road from D. No: 108 to D. No: 141 at Nakkagopal Nagar in Division No. 30 of Nellore Municipal Corporation under GGMP (30/1). Covered under Agreement No.490/GGMP/EEI/23-24 dated 06-01-24 3) Construction of CC Drain & Culverts from Ramalayam to Dayakar House south side to road at Akkacheruvupadu in Division No.31 of Nellore Municipal Corporation under GGMP (31/1) Covered under Agreement No.494/GGMP/EEl/23-24 dated 06- 01-24 4) Laying of CC Road From Podalakur Main Road to D.No. - 20/a 1-2- 594 at Raja Rami Reddy nagar in Division No - 31 of Nellore Municipal Corporation under GGMP (31/2) Covered under Agreement No.499/GGMP/EEI/23-24 dated 06-01-24 5) Laying of CC Road From MCPS School at Ramakoataiah nagar to 2nd street of Vasudha nagar in Division No - 31 of Nellore Municipal Corporation under GGMP (31/2) Covered under Agreement No.500/GGMP/EEl/23-24 dated 06-01-24 6) Laying of CC Road at Nethaji Nagar 8th street to Sainidhi Heights Apartment Street in Division No - 32/1 Sanjay Gandhi Nagar of Nellore Municipal Corporation Covered 4 HN, J W.P.No.17409_2025 under Agreement No.502/GGMP/EEl/23-24 Covered under Agreement dated 06-01-24 7) Laying of CC Road at from D.No - 25- 7-563 to D.No - 25-7-566 at Vengala Rao Nagar B block Park Road in Division No - 32 of Nellore Municipal Corporation Covered under Agreement N0.614/GGMP/EEI/23-24 dated 16-02-24 8) Laying of CC Road at Bank Colony 1st Opposite street crossroad to 25-3-810 in Division No -32/1 Sanjay Gandhi Nagar of Nellore Municipal Corporation Covered under Agreement No.603/GGMP/EEI/23-24 dated 09-02-24 9) Upgradation of CC Road from D.No. 25-6-810 to D. No - 25-6-807/2 at NCC Colony 4th Street in Division No - 32 of NMC Covered under Agreement No.615/GGMP/EEI/23-24 dated 16-02-24 and 10) Laying of CC Road from Netaji Nagar 2nd street to Ramachandra Mission at Netaji Nagar in Division No - 34 of NMC Covered under Agreement No.651a/GGMP/EEI/23-24 dated 02-03-24 respectively along with interest @ 18percent p.a. to the petitioner from the dates of passing the bills Counsel for the Petitioner: 1. P SRIDHAR REDDY Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP 2. GP FOR FINANCE PLANNING 5 HN, J W.P.No.17409_2025 The Court made the following Order: 1. The learned counsel appearing for the petitioner submits that the petitioner is aggrieved by the non-release of payments for the works executed by the petitioner, which were entrusted by the 4th respondent Corporation. 2. It is submitted that the said works have been completed and final bills were passed. It is further submitted that the final bills have been submitted to the concerned respondent for release of payment 3. The learned Standing counsel appearing for the 4th respondent submits that the petitioner has clubbed as many as ten different works entrusted on 06.01.2024, 16.02.2024 09.02.2024 and 02.03.2024. 4. The learned Standing counsel appearing for the 4th respondent further submits that by clubbing all the works, implementation of any order directing the 4th respondent to verify and release the bills could cause confusion, as part of the order may be complied with and part of the order may not be complied with on account of various reasons during the course of verification. 5. The learned counsel for the petitioner, on the contrary, submits that the petitioner has paid separate Court fee for the prayers. However, submits that Rule 4(A) of the Andhra Pradesh High court Writ Proceedings Rules, 1977, permits the petitioner to file a single writ petition as the cause of action is the same. That apart, Order 1 Rule 3 of the Code of Civil Procedure, 1908, also permits the petitioner to maintain the present writ petition, as the reliefs sought pertain to the same transaction and parties. 6 HN, J W.P.No.17409_2025 6. Heard the learned counsel for the petitioner, the learned counsel appearing for the 4th respondent, and perused the record. 7. Insofar as the maintainability of the writ petition is concerned, it is observed that the petitioner has clubbed seven agreements which were entrusted to the petitioner for execution of works for the 4th respondent. Since the petitioner has paid separate Court fee for each of the prayers, this Court is of the considered opinion that the writ petition is maintainable, and the relief as sought for can be considered. 8. Considering the submissions that the works were completed and the final bills were also submitted for release of payments, however the payments have not been made so far. Once the works are executed, the petitioners would be entitled for release of the payments. 9. Accordingly, the writ petition is allowed, by directing respondent Nos.2 to 4 to verify and release the payments due payable to the petitioner for the various works executed by the petitioner, which form the subject matter of the present writ petition, within a period of six(06) weeks from the date of the receipt of this order. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date: 22.07.2025 NKA 7 HN, J W.P.No.17409_2025 35 HONOURABLE SRI JUSTICE HARINATH.N Writ Petition Nos. 17409 of 2025 Date: 22.07.2025 NKA