I ,PHC010396012023 IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI (Special Original Jurisdiction) QMS Xi' Al MONDAY, THE TWENTY EIGHTH DAY OF JUl^ TWO THOUSAND AND TWENTY FIVE r> PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 20472 OF 2023 Between: K.Bhavani, W/o.K.Reddi Sekhar, Aged about 38 years, Occ- Contractor R/o.Gudupalle Village and Mandal, Chittoor District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Department of Municipal Administration, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Chittoor, Chittoor District. 3. Kuppam Municipality, Kuppam Commissioner. 4. The Deputy Executive Engineer, Kuppam Municipality, Kuppam, Chittoor District. 5. The Executive Engineer Public Health, Tirupati, Chittoor District. 6. The Director, Comprehensive Financial Management System (CFMS) A.P., Vijayawada, Krishna District. 7. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Finance and Planning, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. Chittoor District, Rep. by its ...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 or any other appropriate writ or direction declaring the action of the Respondents in withholding the payment of Rs.4,99,182/-, Rs.4,90,121/-, Rs.1,13,791/- and 1,48,850/- totally an amount of Rs:12,51,944/- even after finalizing the bills, payable to the petitioner in relation to the works i.e., 1) Construction of CC Drain From Mariyamma temple to existing major drain at Paibata SC Colony in Ward No.22 in Kuppam Municipality, Chittoor District vide agreement No.80/2022-23 dt.21.09.2022, 2) Construction of CC Drain from Lakshmi theater to Tirupathi Gangamma Temple at RVM Street in Ward No.21 in Kuppam Municipality, Chittoor District vide agreement No.73/2022-23 dt.21.09.2022, 3) Construction CC drain from Gayathri house to end Shanthi house to Shafi house and shafi house to Teacher Pillai house at Vajravelu sheety street in ward No.20 in Kuppam Municipality, Chittoor District vide agreement No.33/2022-23 dt.01.07.2022, and 4) Construction of CC drain from Nethaji road to Sapthagiri grameena bank at Chittaranjan street end in ward No. 16 in Kuppam Municipality, Chittoor District vide agreement No.34/22-23 dt.01.07.2022, is questioned, as the same is illegal, arbitrary and consequently direct the respondents to consider for payment of Rs.4,99,182/-, Rs.4,90,121/-, Rs.1,13,791/- andl,48,850/- totally an amount of Rs.12,51,944/- with interest @12% annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith. per lA NO: 1 OF 2023 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 for payment of Rs.4,99,182/-, Rs.4,90,121/- , Rs.1,13,791/- and 1,48,850/- totally an amount of Rs.12,51,944/- with interest @12% per annum for the delayed amount to the petitioner in respect of execution of works i.e. 1) Construction of CC Drain From Mariyamma % temple to existing major drain at Paibata SC Colony in Ward No.22 in Kuppam Municipality, Chittoor District" vide agreement No.80/2022-23 dt.21.09.2022, 2) Construction of CC Drain from Lakshmi theater to Tirupathi Gangamma Temple at RVM Street in Ward No.21 in Kuppam Municipality, Chittoor District" vide agreement No.73/2022-23 dt.21.09.2022, 3) Construction CC drain from Gayathri house to end Shanthi house to Shafi house and shafi house to Teacher Pillai house at Vajravelu sheety street in ward No.20 in Kuppam Municipality, Chittoor District" vide agreement No.33/2022-23 dt.01.07.2022, and 4) Construction of CC drain from Nethaji road to Sapthagiri grameena bank at Chittaranjan street end in ward No. 16 in Kuppam Municipality, Chittoor District" vide agreement No.34/22-23 dt.01.07.2022, forthwith, pending disposal of the Writ Petition. Counsel for the Petitioner: M/S. DMA MAHESWARI KALAVA Counsel for the Respondent Nos. 6 & 7: GP FOR FINANCE & PLANNING Counsel for the Respondent Nos. 1 & 2: GP FOR MUNCIPAL ADMN URBAN DEV Counsel for the Respondent No.5: GP FOR MED HEALTH AND FAMILY WELFARE Counsel for the Respondent Nos. 3 & 4: SRI G LAKSHMI NARAYANA (SC FOR MUNICIPALITIES) The Court made the following order: APHC010396012023 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: 20472/2023 Between; 1.K.BHAVANI W/O.K.REDDI SEKHAR, AGED ABOUT 38 YEARS, OCC- CONTRACTOR, R/O.GUDUPALLE VILLAGE AND MANDAL, CHITTOOR DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, CHITTOOR, CHITTOOR DISTRICT. 3.KUPPAM MUNICIPALITY, KUPPAM, CHITTOOR DISTRICT, REP. BY ITS COMMISSIONER. 4.THE DEPUTY EXECUTIVE ENGINEER, KUPPAM MUNICIPALITY, KUPPAM, CHITTOOR DISTRICT. 5.THE EXECUTIVE ENGINEER PUBLIC HEALTH, TIRUPATI CHITTOOR DISTRICT. 6.THE DIRECTOR, COMPREHENSIVE FINANCIAL MANAGEMENT SYSTEM (CFMS) A.P., VIJAYAWADA, KRISHNA DISTRICT. 7.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. ...RESPONDENT(S): 2 HN, W.P.No.20472_202 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 or any other appropriate writ or direction declaring the action of the Respondents in withholding the payment of Rs.4,99,182/-. Rs.4,90,121/-, Rs.1,13,791/- and 1,48,850/- totally an amount of Rs. 12,51,944/- even after finalizing the bills, payable to the petitioner in relation to the works i.e., 1) Construction of CC Drain From Mariyamma temple to existing major drain at Paibata SC Colony No.22 in Kuppam Municipality, Chittoor District vide agreement No.80/2022-23 dt.21.09.2022, 2) Construction of CC Drain from Lakshmi theater to Tirupathi Gangamma Temple at RVM Street in Ward No.21 in Kuppam Municipality, Chittoor District vide agreement No.73/2022-23 dt.21.09.2022, 3) Construction CC drain from Gayathri house to end Shanthi house to Shafi house and shafi house to Teacher Pillai house at Vajravelu sheety street in ward No.20 in Kuppam Municipality, Chittoor District vide agreement No.33/2022-23 dt.01.07.2022, and 4) Construction of CC drain from Nethaji road to Sapthagiri grameena bank at Chittaranjan street end in ward No. 16 in Kuppam Municipality, Chittoor District vide agreement No.34/22-23 dt.01.07.2022, is questioned, as the same is illegal, arbitrary and consequently direct the respondents to consider for payment of Rs.4,99,182/- Rs.1,13,791/- and1,48,850/- totally an amount of Rs. 12,51,944/- with interest @12percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith and pass lA NO: 1 OF 2023 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 please to direct the respondents to consider for payment of Rs.4,99,182/-, Rs.4,90,121/-, Rs.1,13,791/- and 1,48,850/- totally Rs. 12,51,944/- with interest @12% per annum for the delayed amount to the petitioner in respect of execution of works i.e. 1) Construction of CC Drain From Mariyamma temple to existing major drain at Paibata SC Colony in Ward No.22 in Kuppam Municipality, Chittoor District" vide agreement No.80/2022-23 dt.21.09.2022, 2) Construction of CC Drain from Lakshmi theater to Tirupathi Gangamma Temple at RVM Street in Ward No.21 in Kuppam Municipality, Chittoor District" vide agreement No.73/2022-23 dt.21.09.2022, 3) Construction CC di-ain from Gayathri house to end Shanthi house to Shafi house and shafi house to Teacher Pillai house at Vajravelu sheety street in ward No.20 in Kuppam Municipality, Chittoor District" vide in Ward Rs.4,90,121/-, an amount of 3 HNJ - W.P.No.20472 2023 agreement No.33/2022-23 dt.01.07.2022, and 4) Construction of CC drain from Nethaji road to Sapthagiri grameena bank at Chittaranjan street end in ward No. 16 in Kuppam Municipality, Chittoor District" vide agreement No.34/22-23 dt.01.07.2022, forthwith, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1.UMA MAHESWARI KALAVA Counsel for the Respondent(S): 1.GP FOR FINANCE PLANNING 2.GP FOR MUNCIPAL ADMN URBAN DEV 3.GP FOR MED HEALTH AND FAMILY WELFARE 4.N RANGA REDDY (SC MC RSEEMA SPSR NLR) 4 % HNJ W.P.No.20472 2023 This Court made the following Order:- The learned counsel for the petitioner is aggrieved by the inaction on part of the respondents in not releasing the payment for the work done by the petitioner. ] 1. 2. The petitioner completed the works and entrusted by the respondent No.3 and obtained work completion certificates also from the competent authority. It is submitted that final bills were also submitted to the 3'"'^ respondent, and the payment were processed, and the bills were to be cleared by the respondent. However, no amounts have been credited to the petitioner, inspite of the completion of the works to the best satisfaction of the respondent corporation. The learned Standing counsel for the 3^'^ respondent, in the counter affidavit, has submitted that the petitioner had completed the words beyond the stipulated time and that he failed to obtain any extension of time for completion of the works. As such, the bills were not processed in time. It is submitted that it is essential for the; petitioner to seek an extension of time 3. when the schedule for competition is overshot. 4. Heard the learned counsel for the petitioner and the learned Standing counsel appearing for the respondent No.3. 5. It is not in dispute that the work completion certificate has been issued to the petitioner for the works which were entrusted to the petitioner. The final certificates issued to the petitioner evidencing competition of the work are also 5 HN,J W.P.No.20472 ILW filed along with the writ petition. Mere non-representation for extension of time for completion in time is in no way a valid ground for the respondent authorities to withhold the payments for the works completed by the petitioner. 6. With these considerations, this Court is of the considered view, that the respondent Nos.3 to 7 are to be directed to release the payments due payable to the petitioner for the work completed by the petitioner. The payments shall be released within a period of six (06) weeks from the date of the receipt of this order. 7. Accordingly, the present writ petition is disposed off. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, sjjall stand closed. Sd/-B.PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Department of Municipal Administration, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Chittoor, Chittoor District. 3. The Commissioner, Kuppam Municipality. Kuppam, Chittoor District,. 4. The Deputy Executive Engineer, Kuppam Municipality, Kuppam, Chittoor District. 5. The Executive Engineer Public Health, Tirupati, Chittoor District. 6. The Director, Comprehensive Financial Management System (CFMS) A.P., Vijayawada, Krishna District. 7. The Principal Secretary, Department of Finance Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. and Planning 8. One CC to Sri Uma Maheswari Kalava, Advocate [OPUC] 9. Two CCs to GP for Finance Planning High Court of Andhra Pradesh [OUT] 10. Two CCs to GP for Muncipal Admn Urban Dev High Court of Andhra Pradesh [OUT] 11. Two CCs to GP for Med Health and Family Welfare High Court of Andhra Pradesh [OUT] 12. One CC to Sri G Lakshmi Narayana (SC for Municipalities) Advocate [OPUC] 13. Two CD Copies TF i*.: y HIGH COURT DATED:28/07/2025 ORDER WP NO. 20472 OF 2023 iT 19 AUG 2025 ^ Section^ o» DISPOSING OF THE W.P., WITHOUT COSTS