>4 y ■t! APHC010387012025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 20054 OF 2025 Between: M/s. SMN Constructions, Rep.by its Proprietor, B. Poornima, W/o. Naga Hariparsad, Age 25 years, Occ: Contractor, D.No.9-71, MNC Street, OLD Pet, Palamaner, Chittoor District. ...Petitioner AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat Buildings, Velagapudi, Guntur District 2. The Palamaner Municipality, Rep. by its Commissioner, Palamaner, Chittoor District. 3. Deputy Executive Engineer, Palamaner Municipality, Palamaner, Chittoor District. 4. The State of Andhra Pradesh, Represented by its Principal Secretary, Finance Department, Secretariat Buildings, Velagapudi, Guntur District. ...Respondents 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 a WRIT OF MANDAMUS declaring the action of the Respondents in withholding the payments of the CC 1st and Final BHI for a Gross Rs.4,94,501/- in Net amount of Rs.4,43,721/- and amount of Gross Rs. 1,53,376/- in net amount of Rs. 1,37,889/- then totally an amount of Gross Rs. 6,47,877/- in Net amount of Rs. 5,81,610/- even after finalizing the bills, payable to the petitioner in relation to the works i.e., 1).” GGMP- HIW-Laying of CC^Road from D.No. 25-24/1 to 23-114 at Pedda Bandia street in Ward No.26 m Palamaner Municipality vide Agreement No./2023-24, Dt.02.09.2023” and 2) “GGMP-HIW-Laying of CC Road from D.No. 25-27 to 23-114 near Haji Abdul Khadar Sahib complex in ward No.26 in Palamaner Municinality vide Agreement No./2023-24, Dt. 12.09.2023” respectively, is questioned, as the same is illegal, arbitrary and consequently direct the respondents to consider payments of the CC 1st and Final Bill for a Gross Rs.4,94,501/- in Net amount of Rs.4,43,721/- and amount of Gross Rs. 1,53,376/- in net amount of Rs. 1,37,889/- then totally an amount of Gross Rs. 6,47,877/- in Net amount of Rs. 5,81,610/-with interest @12% per annum for the delayed amount to the petitioner in respect of the execution of above-mentioned work forthwith. lA 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 to direct the respondents to consider the payments of the CC 1st and Final Bill for a Gross Rs.4,94,501/- in Net amount of Rs.4,43,721/- and amount of Gross Rs. 1,53,376/- in net amount of Rs. 1,37,889/- then totally an amount of Gross Rs. 6,47,877/- in Net amount of Rs. 5,81,610/- even after finalizing the bills, payable to the petitioner in relation to the works i.e., 1). “GGMP- HIW-Laying of CC Road from D.No. 25-24/1 to 23-114 at Pedda Bandia street in Ward No.26 in Palamaner Municipality vide Agreement No./2023-24, Dt.02.09.2023” and 2) “GGMP-HIW-Laying of CC Road from D.No. 25- 27 to 23-114 near Haji Abdul Khadar Sahib complex in ward No.26 in Palamaner Municipality vide Agreement No./2023-24, Dt. 12.09.2023” respectively, forthwith, pending disposal of the Writ Petition. Counsel for the Petitioner: SRI SURESH KUMAR REDDY KALAVA Counsel for the Respondent No.1: GP FOR MUNCIPAL ADMN URBAN DEV Counsel for the Respondent Nos. 2 & 3: SRI G LAKSHMI NARAYANA (SC FOR MUNICIPALITIES) Counsel for the Respondent No.4: GP FOR FINANCE & PLANNING The Court made the following order: % APHC010387012025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY,THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 20054/2025 Between: 1.SMN CONSTRUCTIONS, REP.BY ITS PROPRIETOR, B. POORNIMA, W/0. NAGA HARIPARSAD, AGE 25 YEARS, OCC CONTRACTOR, D.NO.9-71, MNC STREET, OLD PET, PALAMANER, CHITTOOR DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT SECRETARIAT 2.THE PALAMANER MUNICIPALITY, REP. BY ITS COMMISSIONER, PALAMANER, CHITTOOR DISTRICT. 3.DEPUTY EXECUTIVE ENGINEER, PALAMANER MUNICIPALITY, PALAMANER, CHITTOOR DISTRICT. 4.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR 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 OF MANDAMUS declaring the action of the Respondents in withholding the payments of the CC 1st and Final Bill for 2 . a Gross Rs.4,94,501/- in Net amount of Rs.4,43,721/- and amount of Gross Rs. 1,53,376/- in net amount of Rs. 1,37,889/- then totally an amount of Gross Rs. 6,47,877/- in Net amount of Rs. 5,81,610/- even after finalizing the bills, payable to the petitioner in relation to the works i.e., 1). GGMP- HIW- Laying of CC Road from D.No. 25-24/1 to 23-114 at Pedda Bandia street in Ward No.26 in Palamaner Municipality vide Agreement NO./2023-24, Dt.02.09.2023 and 2) GGMP-HIW-Laying of CC Road from D.No. 25-27 to 23-114 near Haji Abdul Khadar Sahib complex in ward No.26 in Palamaner Municinality vide Agreement No./2023-24, Dt. 12.09.2023 respectively, is questioned, as the same is illegal, arbitrary and consequently direct the respondents to consider payments of the CC 1st and Final Bill for a Gross Rs.4,94,501/- in Net amount of Rs.4,43,721/- and amount of Gross Rs. 1,53,376/- in net amount of Rs. 1,37,889/- then totally an amount of Gross Rs. 6,47,877/-in Net amount ofRs. 5,81,610/-with interest @12 PERCENT per annum for the delayed amount to the petitioner in respect of the execution of above-mentioned work forthwith and pass lA 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 to consider the payments of the CC 1st and Final Bill for a Gross Rs.4,94,501/- in Net amount of Rs.4,43,721/- and amount of Gross Rs. 1,53,376/- in net amount of Rs. 1,37,889/- then totally an amount of Gross Rs. 6,47,877/- in Net amount ofRs. 5,81,610/- even after finalizing the bills, payable to the petitioner in relation to the works i.e., 1). GGMP-HIW-Laying of CC Road from D.No. 25-24/1 to 23-114 at Pedda Bandia street in Ward No.26 in Palamaner Municipality vide Agreement NO./2023-24, Dt.02.09.2023” and 2) “GGMP-HIW-Laying of CC Road from D.No. 25- 27 to 23-114 near Haji Abdul Khadar Sahib complex in ward No.26 in Palamaner Municipality vide Agreement No./2023-24, Dt. 12.09.2023” respectively, forthwith, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1.SURESH KUMAR REDDY KALAVA Counsel for the Respondent(S): 1 .GP FOR MUNCIPAL ADMN URBAN DEV 2.GP FOR FINANCE PLANNING 3 The Court made the following Order: Learned counsel for the petitioner submits that the petitioner has nd respondent vide Agreement executed works as entrusted by the 2 Nos.Nil/2023-24. dated 02.09.2023 and Nil/2023-24, dated 12.09.2023 and 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. Though the work progress was recorded in the M-Book, no amounts have been forth coming. Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Municipal Administration and Urban Development, for the 1®* respondent: the learned Assistant Government Pleader for Finance and Planning, for the 4*^ respondent as well as the learned Standing Counsel for 2. the respondents 2 and 3. Considering the submissions, the respondents 2 to 4 are hereby directed to verify and release the payments due payable to the petitioner as expeditiously as possible preferably within a period of four (4) weeks from the date of receipt of a copy of this order. Accordingly, the Writ Petition is disposed of. No costs. Pending miscellaneous petitions, if any, shall starid closed. 3. 4. 5. Sd/- V DIWAKAR DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Municipal Administration and Urban Development Department, Secretariat Buildings, Velagapudi, Guntur District. (By Special Messenger) The Commissioner, Palamaner Municipality, Palamaner, Chittoor District. 2. w 3. The Deputy Executive Engineer, Palamaner Municipality, Palamaner, Chittoor District. 4. The Principal Secretary, Finance Department, Secretariat Buildings, Velagapudi, Guntur District. (By Special Messenger) 5. One CC to Sri Suresh Kumar Reddy Kalava, Advocate [OPUC] 6. One CC to Sri G Lakshmi Narayana (SC for Municipalities), Advocate [OPUC] 7. Two CCs to GP for Muncipal Admn Urban Dev High Court of Andhra Pradesh [OUT] 8. Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh [OUT] 9. Two CD Copies TF • i; ; high court DATED:01/08/2025 ORDER WP NO. 20054 OF 2025 M I ^ AUG 2025 Sectigpx^y disposing of the W.P., WITHOUT COSTS