APHC010340212024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY, THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 17328/2024 Between: Gottapu Ramesh, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. MARELLA RADHA Counsel for the Respondent(S): 1. A.S.C.BOSE 2. GP MUNCIPAL ADMN AND URBAN DEV AP 3. GP FOR FINANCE PLANNING The Court made the following: 2 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.17328 of 2024 ORDER: 1. The present Writ Petition is filed questioning the action of the Respondents in not releasing the total amount of Rs.12,95,703/- for the works executed by the Petitioner viz., (i) Construction of CC Drain to the Cross Road towards North in 24th Division in Eluru Municipal Corporation with an estimated cost of Rs.5,00,000/- vide Agreement No.145/2023-24 for an amount of Rs.4,49,999/-, (ii) Construction of CC Drain to the Cross Road from Vidhya Nagar Main Road to Aadharsh Nagar Main Road in 24th Division in Eluru Municipal Corporation with an estimated cost of Rs.5,00,000/- vide Agreement No.146/2023-2024, dated 28.10.2023 for an amount of Rs.3,95,682/- and (iii) Construction of CC Drain Opposite to Annapurna Tip Top Shop at Vidhya Nagar in 24th Division in Eluru Municipal Corporation with an estimated cost of Rs.5,00,000/- vide Agreement No.147/2023-2024, dated 28.10.2023 for an amount of Rs.4,50,022/-, as illegal and arbitrary. 2. Heard Smt. Marella Radha, learned counsel for the Petitioner and Sri A.S.C. Bose, learned Standing Counsel appearing for the Respondent-Corporation. 3. The learned counsel for the Petitioner submits that Petitioner had completed the works within the time prescribed and the amounts are not being paid in spite of repeated requests. Hence, the present Writ Petition is filed. 3 4. The learned Standing Counsel for the Respondent- Corporation passed on the written instructions signed by the Commissioner, Eluru Municipal Corporation, wherein it is stated that the Respondent-Corporation was instructed to take up the works relating to the GGMP at various locations and accordingly administrative sanction was accorded to high impact works, which were identified by the then M.L.As and other representatives. In the written instructions, it is further stated that the District Administration had approved the proposal of the EMC and issued note orders to take up the work laying of CC drains at various places on nomination basis with registered Contractors and also meet the expenditure from the District Administration funds designated for GGMP. It is further stated that the work was completed by the writ petitioner as per the agreement conditions and since the amount under GGMP Grant is not released, the amounts could not be uploaded in CFMS portal for payment. Soon after receipt of funds from the Government, the same will be uploaded in the CFMS portal. The written instructions singed by the Commissioner are placed on record. 5. As there is no dispute with regard to the execution of works and the amounts due to the Petitioner, this Court is inclined to dispose of the Writ Petition, with the consent of both sides counsel, at the stage of admission, with the following direction: (i) The Respondent authorities are directed to pay the amounts due to the Petitioner within a period of four (4) months from today. 4 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 02.04.2025 IS 5 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.17328 of 2024 Date: 02.04.2025 IS