i APHC010372582024 |N THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 19690 OF 2024 Between: M/s. M.M.R Constructions, Rep. by its Proprietor Moldireddy gari Manohar Reddy, R/o. H.No. 76-97-448-20-1, Nagendra Nagar, Kurnool, Kurnool District, Andhra Pradesh. ...Petitioner AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh. 2. The District Collector, Kurnool, Kurnool District. 3. The Kurnool Municipal Corporation, Kurnool, Kurnool District, Rep. by its Commissioner. 4. The Executive Engineer -I, Kurnool Municipal Corporation Kurnool, Kurnool District, Andhra Pradesh. 5. Assistant Executive Engineer, Kurnool Municipal Corporation, Kurnool, Kurnool District, Andhra Pradesh. 6. The state of Andhra Pradesh, Rep. by its Principal Secretary, Finance Department Secretariat buildings, Velagapudi, Amaravathi District, Andhra Prade$h. Guntur 7. The Director of Finance Department, Government Velagapudi, Amaravathi. of Andhra Pradesh 8. The Director of Works and Accounts, Vijayawada 9. Pay and Accounts Officer, Work Accounts Krishna District, A.P. Kurnool, Kurnool 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 to issue an appropriate writ, order or Direction more particularly in the nature of Writ of Mandamus, declaring the action of respondents in not releasing the 1st and final bill amount which is admittedly due to the petitioner despite successful completion of work under Agreement dated 18-11-2023 for the work of Raising of C.C. Road from Institute of Lokayukta to 96-3-93-147 in Santosh Nagar both line at ward No with the Respondent No.3. even after successful completion of work and i spite of repeated requests one No. 215 of 2023-24 . 40 entered in as arbitrary, illegal, discriminatory, unjust guaranteed under Articles apart from being contrary to the orders of this Hon'ble Court issued from time to time and consequently direct the respondents to release the 1st and final enrichment, violative of the Fundamental Rights 14, 19 and 21 of the Constitution of India, bill amounts payable to the petitioner for the work executed by petitioner under the aforesaid along with interest accrued agreement, on the said amounts from the due date till the date of payment. lA NO: 1 OF 2074 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court direct the respondents to release the withheld bill may be pleased to amounts payable to the petitioner pursuant to the Agreement No. 215 of 2023-24 dated 18-11-2023 for the work of "Raising of C.C. Road from Institute of Lokayukta to 96-3-93-147 in Santosh Nagar both line at ward No. 40 entered with the 3rd respondent. forthwith, pending disposal of the above above writ petition. Counsel for the Petitioner: SRI V NITESH Counsel for the Respondent No.1: GP FOR MUNICIPAL Writ Petition pending disposal of the ADMN. & URBAN DEV Counsel for the Respondent Nos. 6 to 9; Counsel for the Respondent No.2: GP FOR REVENUE Counsel for the Respondent Nos. 3 to 5: GP FOR FINANCE & PLANNING SRI POTHAM VENAGALA REDDY (SC FOR MUNICIPAL CORPORATIONS) The Court made the following: ORDER APHC010372S82024 IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI (Special Original Jurisdiction) WEDNESDAY ,THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 19fi9n/9n?2L [3460] Between: M/s M.m.r Constructions ...PETITIONER AND The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.VNITESH Counsel for the Respondent(S): 1. POTHAM VENGALA REDDY SC For M.Corporation i Rayalaseema region In ■ 2. GP FOR REVENUE 3.GP MUNCIPAL ADMN AND URBAN DEV AP 4.GP FOR FINANCE PLANNING The Court made the following: ...RESPONDENT(S) in THE HON'BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.19690 of 2024 ORDER: This writ petition is filed declaring the action of the Respondents in not releasing the amount of Rs.16,98,904/- (net amount of Rs. 15,45,448/-) payable to the Petitioner in relation to the works done vide Agreement No.215/2023-24 dated 18.11.2023 as arbitrary and illegal. Pursuant to the tender, the Petitioner was allotted works by the 3'"'’ Respondent-Collector for ‘Raising of CC road from institute of Lokayukta to 96-3-93-147 in Santosh Nagar both line at ward 2. No.40’ under Gadapa Gadapaku Mana Prabhutvam Programme (GGMP) fund. The Petitioner submits that the works were executed within the time specified and was recorded in the Measurement Book. 3. Learned counsel for the Respondent No.3-Corporation filed counter affidavit stating that as per the agreement, the works were completed within the time limit and the amount payable to the Petitioner was Rs. 15,45,448/- after making statutory deductions. It is further stated that after completion of works, the Municipal authorities had prepared Bills for payment and due to I 2 financial priorities, the bills could not be processed. It is also stated that the Municipal authorities are processing the bills basing on availability of the funds. As there is no dispute to the execution of works and 4. amount of Rs. 15,45,448/- to the Petitioner, the Writ Petition is disposed of, at the stage of admission, with the consent of both sides with the following direction: (i) The Respondent authorities are directed to pay Rs. 15,45,448/- i.e. admitted amount due to the Petitioner within a period of four (4) months from today. (ii) There shall be no order as to costs. As a sequel, the miscellaneous petitions if any shall stand dismissed. SD/- N NAGAMMA i , ASSISTANT REGISTRAR ( //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Municipal Administration and Urban Development Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh. 2. The District Collector, Kurnool, Kurnool District. 3. The Commissioner, Kurnool Municipal Corporation, Kurnool, Kurnool District. 4. The Executive Engineer 1, Kurnool Municipal Corporation, Kurnool, Kurnool District, Andhra Pradesh. \f mt V / 5. The Assistant Executive Engineer, Kurnool Municipal Corporation, Kurnool, Kurnool District, Andhra Pradesh. 6. The Principal Secretary, Finance Department, Secretariat buildings, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh. 7. The Director of Finance Department, Government Velagapudi, Amaravathi. 8. The Director of Works and Accounts, Vijayawada, 9. The Pay and Accounts Officer, District 10. One CO to Sri V Nitesh, Advocate [OPUC] 11. One CO to Sri Potham Vengala Reddy (SC Rayalaseema region) Advocate [OPUC] 12. Two CCS to GP for Finance & Planning, High Court of Andhra Pradesh [OUT] 13. Two CCs to GP for Municipal Admn. Andhra Pradesh. [OUT] 14. Two CCs to GP for Revenue, High Court of Andhra 15. Two CD Copies of Andhra Pradesh Krishna District, A.P. Work Accounts, Kurnool, Kurnool For M.Corporation in & Urban Dev., High Court of Pradesh. [OUT] TF ✓ HIGH COURT DATED:25/06/2025 ORDER WP 19690/2024 Rf ANOgS VS 0 JUL 2m Current Sectioi^ w €/> cty Pi DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION, WITHOUT COSTS