APHC010360342025 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: 19320/2025 Between: 1. CH ISSAKU, S/O. CH. KRISHNA, AGED ABOUT 42 YEARS, OCC.BUSINESS, R/O. NEARCSI CHURCH, TANGELLAMUDI, ELURU POST, ELURU DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI VILLAGE, GUNTUR DISTRICT. 2. THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, NEAR D.G.P OFFICE, MANGALAGIRI, GUNTUR DISTRICT. 3. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI VILLAGE, GUNTUR DISTRICT. 4. ELURU MUNICIPAL CORPORATION, REPRESENTED BY ITS COMMISSIONER, ELURU, ELURU DISTRICT. 5. THE EXECUTIVE ENGINEER, ELURU MUNICIPAL CORPORATION, ELURU, ELURU 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 or order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents 1 to 5 in not paying the bills to the petitioner in respect of the (i) providing of New 2 High Mast Poles (12 Mtrs) with electrical accessories in various junctions at 2nd 7th,18th and 33rd Division of Eluru Municipal Corporation, vide agreement No. 217/2023-24 dated 26-08-2023, (ii) Providing Central Lighting to Municipal Office Road from DNo.5-2-1 to DNo.38-1-28/1 in Division No. 13th vide agreement No. 144/24-25 dated 17-08-24, (iii) supply, delivery and fixing of LED strip rope lighting for existing center lighting poles and High mast pole at various locations like Sanivarpu pet, Ashok Nagar and Radham center of Eluru Municipal Corporation Limits, (iv) for dismantling gas cutting with help of crane for the removing of the mini high mast poles at Tangellamudi, Ashok Nagar flyover down, Ashok pillar and Chataparru road of Eluru Municipal Corporation Limits, vide agreement No. 169/24-25 dated 29- 08-24 and (v) providing of wiring at polling stations (12 No's) in various locations of Eluru Municipal Corporation limits, vide Agreement No. 401/2023- 24, dated 05-02-2024, even after approval of the Bills payable to the petitioner by the respondents 1 to 5 is arbitrary, illegal and in violation of Articles 14 and 19 (1) (g) of the Constitution of India and consequently direct the respondents 1 to 4 to pay the Bills dated 16-11-2023 for Rs. 18,25,985/-, pass order dated 03-09-2024 for Rs. 2,48,078/-, pass order dated 11-01-2024 for Rs. 4,83,000/- , pass order dated 08-10-2024 for Rs. 1,39,479/- and pass order dated 28-05- 2024 for Rs.58,866/- along with interest @ 12percent from the date of approval to the date of payment to the petitioner 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 the respondents 1 to 4 to release the payment of undisputed amount of Rs.27,55,408/- to the respondent No.5 in order to pay the amount to the petitioner, pending disposal of the writ petition and pass Counsel for the Petitioner: 1. NAGESWARA RAO CHAVA Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP 2. GP FOR FINANCE PLANNING 3 The Court made the following Order: Learned counsel for the petitioner submits that the petitioner has executed works as entrusted by the 4th respondent-Corporation and also 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. However, 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; for the respondents 1 and 2, the learned Assistant Government Pleader for Finance and Planning, for the 3rd respondent and the learned Standing Counsel for the respondent Nos.4 and 5. 3. Considering the submissions, the respondents 2 to 5 are hereby directed to verify and release the payments due payable to the petitioner as expeditiously as possible preferably within a period of eight (8) 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 Date : 28.07.2025 BMS