APHC010391062025 m THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) -r MONDAY, THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE HARINATH.N^ WRIT PETITION NO: 20186 OF 2025 Between: Adapa Partha Saradhi, S/o.Kondalarao, aged about 55 years, R/o.D.N.6-165, Nagavamsam Street, Lingamparthi, VTC. Yeleswaram PO., Kakinada District ...Petitioner^ AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and UD Department, Secretariat Buildings, Velagapudi, Guntur District-522237. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance and Planning Department, Secretariat Buildings, Velagapudi, Guntur District-522237. 3. The Commissioner and Director of Municipal Administration, Vaddeswaram, Guntur District. 4. The District Collector, Kakinada, Kakinada District. 5. Yeleswaram Nagar Panchayat, Yeleswaram,Kakinada District. Rep. by its Commissioner. 6. The Municipal Assistant Engineer, Yeleswaram Nagar Panchayat, Kakinada District. ...Respondents _ % Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed there\A/ith, the High Court may be pleased to issue an appropriate order or direction more particularly one in the nature of Writ Mandamus declaring the action of the respondents in not paying a sum of Rs.14,78,731/- (Rupees Fourteen Lakhs Seventy Eight Thousand Seven hundred Thirty one only) relating to various works under SFC, SDF- SCSP (2015-16, 2017-18, 2018-19), SDS (2018-19), STSP Grant (2016-17), SAC Grant (2015-16), NON PLAN (2014-15), 13th Finance Commission (2013-14, 2014-15), 14th Finance Commission (2015-16, 2016-17, 2017-18, 2018-19) etc., in Yeleswaram Nagar Panchayat, Kakinada District in respect of sixty three works mentioned in the tabular form as illegal, irregular, arbitrary and against to the principles of natural justice and violative of fundamental rights guaranteed under Articles 14 and 21 of the Constitution of India and consequently direct the Respondents to release a sum of Rs. 14,78,731/- (Rupees Fourteen Lakhs Seventy Eight Thousand and Seven hundred thirty one only) 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 release a sum of Rs. 14,78,731/- (Rupees Fourteen Lakhs Seventy Eight Thousand and Seven hundred thirty one only) relating to sixty three works mentioned in the tabular form in Yeleswaram Nagar Panchayat, Kakinada District forthwith to the Petitioner pending disposal of the above writ petition. ^ Counsel for the Petitioner; SRI B JAYA PRABHAKARA RAO Counsel for the Respondent Nos. 1, 3 & 4: GP MUNCIPAL ADMN AND- URBAN DEV Counsel for the Respondent No.2: GP FOR FINANCE & PLANNING Counsel for the Respondent Nos. 5 & 6: SRI Y KOTESWARA RAO (SC FORZPPS, MPPS & GP) The Court made the following order: <w- APHC010391062025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 20186/2025 Between; 1.ADAPA PARTHA SARADHi, S/O.KONDALARAO, AGED ABOUT 55 R/O.D.N.6-165, NAGAVAMSAM STREET, LINGAMPARTHI, YEARS VTC. YELESWARAM PO., KAKINADA DISTRICT ...PETITIONER AND STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL MUNICIPAL ADMINISTRATION SECRETARIAT BUILDINGS, 1.THE SECRETARY, DEPARTMENT, GUNTUR DISTRICT-522237. AND UD VELAGAPUDI, STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL PLANNING DEPARTMENT, GUNTUR DISTRICT- 2.THE SECRETARY, SECRETARIAT BUILDINGS, VELAGAPUDI FINANCE AND 522237. MUNICIPAL AND DIRECTOR OF 3.THE COMMISSIONER ADMINISTRATION, VADDESWARAM, GUNTUR DISTRICT. 4.THE DISTRICT COLLECTOR, KAKINADA, KAKINADA DISTRICT. NAGAR PANCHAYAT, YELESWARAM,KAKINADA DISTRICT. REP. BY ITS COMMISSIONER. MUNICIPAL ASSISTANT ENGINEER, YELESWARAM NAGAR PANCHAYAT, KAKINADA DISTRICT. 5. YELESWARAM 6.THE ...RESPONDENT(S); 0K 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 an appropriate order or direction more particularly one in the nature of Writ Mandamus declaring the action of the respondents not paying a sum of Rs.14,78,731/- (Rupees Fourteen Lakhs Seventy Eight Thousand Seven hundred Thirty one only) relating to various works under SFC, SDF-SCSP (2015-16,2017-18, 2018-19), SDS (2018- 19), STSP Grant (2016-17), SAC Grant (2015-16), NON PLAN (2014- 15), 13th Finance Commission (2013-14, 2014-15), 14th Finance Commission (2015-16, 2016- 17, 2017-18, 2018-19) etc., in Yeleswaram Nagar Panchayat, Kakinada District in respect of sixty three works mentioned in the tabular form as illegal, irregular, arbitrary and against to the principles of natural justice and violative of fundamental rights guaranteed under Articles 14 and 21 of the Constitution of India and consequently direct the Respondents to release _ Rs.14,78,731/- (Rupees Fourteen Lakhs Seventy Eight Thousand and hundred thirty one only) forthwith and 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 release a sum of Rs. 14,78,731/- (Rupees Fourteen Lakhs Seventy Eight Thousand and Seven hundred thirty one only) relating to sixty three works mentioned in the tabular form in Yeleswaram Nagar Panchayat, Kakinada District forthwith pending disposal of the above writ petition and Counsel for the Petitioner: 1. B JAYA PRABHAKARA RAO Counsel for the Respondent(S): 1.GP MUNCIPAL ADMN AND URBAN DEV AP 2.GP FOR FINANCE PLANNING in a sum of Seven pass to the Petitioner pass The Court made the following Order. Learned counsel for the petitioner submits that the petitioner has respondent, and that the EMD and while the work was in executed the works as entrusted by the 5 submitted by the petitioner FSD amounts which were yet to be released. It is 63 works, and the details of the submitted that the petitioner has executed work executed together with EMD progress is as many as detailed in the pleadings. It the satisfaction of the and FSD amounts totaling to a FSD amounts furnished by the petitioner were works were completed to and is submitted that the respondent authorities. However, the EMD of Rs.14,78,731/- is yet to be released by the 5^^ respondent. tune , the learned Assistant 2. Heard the learned counsel for the petitioner Pleader for Municipal Administration and Urban Development, for Government the respondents 1, 3 and 4; the learned and Planning, for the 2 Assistant Government Pleader for nd respondent as well as the learned Standing Finance Counsel for the respondents 5 and 6. Considering the submissions, the respondents directed to verify and release the EMD which are withheld by 5 and 6 are and FSD amounts due payable the respondent authorities as possible preferably within a period of six (6) weeks from the 3. hereby to the petitioner expeditiously as of receipt of a copy of this order. 4. Accordingly, the Writ Petition is date is disposed of. There shall be no order as to costs. ¥ 4 Pending miscellaneous petitions, if any, shall stand closed. Sd/- M RAMESH BABU DEPUTY REGISTER 5. //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Municipal Administration and UD Department, Secretariat Buildings, Velagapudi, Guntur District-522237. 2. The Principal Secretary, Finance and Planning Department, Secretariat Buildings, Velagapudi, Guntur District-522237. 3. The Commissioner and Director of Municipal Administration, Vaddeswaram, Guntur District. 4. The District Collector, Kakinada, Kakinada District. 5. The Commissioner, Yeleswaram Nagar Panchayat, Yeleswaram, Kakinada District. 6. The Municipal Assistant Engineer, Yeleswaram Nagar Panchayat, Kakinada District. 7. One CC to Sri B Jaya Prabhakara Rao, Advocate [OPUC] ^ 8. One CC to Sri Y Koteswara Rao (SC for ZPPS, MPPS & GP) Advocate, [OPUC] 9. Two CCs to GP for Muncipal Admn and Urban Dev, High Court of Andhra Pradesh [OUT] 10. Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh [OUT] 11. Two CD Copies TF Vv HIGH COURT DATED:04/08/2025 ORDER WP NO. 20186 OF 2025 ^^rPl=ANOS^ I 03 SEP 2025 m Current Section . ^ DISPOSING OF THE W.P., WITHOUT COSTS