APHC010413982025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY, THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 21326/2025 Between: 1. N SASIDHAR REDDY, S/O. SUDHAKAR REDDY, AGED 40 YEARS, OCC CONTRACTOR, R/O. OGURUPAADU, NELLORE RURAL MANDAL, SPSR NELLORE DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. THE DIRECTOR, WORKS ACCOUNTS ANDHRA PRADESH, FLOOR, ANJANEYA TOWERS, IBRAHIMPATNAM, KRISHNA DISTRICT. 4. NELLORE MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, NELLORE CITY, SPSR NELLORE DISTRICT 5. THE EXECUTIVE ENGINEER, NELLORE MUNICIPAL CORPORATION, NELLORE CITY, SPSR NELLORE DISTRICT 6. THE ASST PAY AND ACCOUNTS OFFICER, WORKS ACCOUNTS, NELLORE, SPSR NELLORE DISTRICT ...RESPONDENT(S): 2 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 pleased to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents in paying the lump sum contract final bills for 1) Rs.15,34,640/- dated 24-04- 2024 2) Rs.4,45,867/- dated 24-04-2024 3) Rs.12,94,162/- dated 24-04- 2024 4) Rs.11,72,827/- dated 26-04-2024 respectively in all Rs. 44,477,496/- respectively for executing the contract works namely 1) Laying of CC Road from MPPS School existing CC road to Chinna Subbaiah House (Existing BT Road) at Akkacheruvupadu in Division No. 31 of NMC under GGMP. Covered under Agreement No.496/GGMP/EE-I/23-24 dated 06-01-24 2) Laying of CC Road from existing CC Road to E.Pole BGNSSA-4 at Burial ground road at Gadam Rosaiah Nagar in Division No.31 of NMC under GGMP Covered under Agreement No.504/GGMP/EE-I/23-24 dated 06-01-24 3) Laying of CC Road from Podalakur Main Road to Abhayar Vidyanikethan School at 4th street of Kaveri Nagar in Division No - 31 of NMC under GGMP Covered under Agreement No.491/GGMP/EE- 1/23-24 dated 06-01-24 and 4) Upgradation of CC Road from Podalakur Road to NCC Colony, 8th street near Venkaiah Swamy Temple in Division No.32 of NMC under GGMP Covered under Agreement No.604/GGMP/EE-I/23-24 dated 09-02-24, respectively, though the petitioner has successfully executed the same and final bills have been issued by respondent No. 5 herein duly counter signed by his sub-ordinate officers as illegal, arbitrary and against public policy, contrary to the established procedure of law apart from being violative of Article 14 AND 19 (g) of the Constitution of India and consequently, to direct the respondents herein to forthwith release the above mentioned contract final bill amounts of Rs. 44,47,496/- for executing the above contract works along with interest @ 18 PERCENT p.a. to the petitioner from the dates of the issuance of contract certificates 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 to direct the respondents herein to forthwith release the final bill amounts as approved in the lump sum contract final bills of 1) Rs.15,34,640/- dated 24-04- 2024 2) Rs.4,45,867/- dated 24-04-2024 3) Rs.12,94,162/- dated 24-04-2024 4) Rs.11,72,827/- dated 26-04- 2024 respectively in all Rs.44,477,496/- respectively for executing the contract works namely 1) Laying of CC Road from MPPS School existing CC road to Chinna Subbaiah House (Existing BT Road) at Akkacheruvupadu in Division No. 31 of NMC under GGMP. Covered 3 under Agreement No.496/GGMP/EE-l/23-24 dated 06-01-24 2) Laying of CC Road from existing CC Road to E.Pole BGNSSA-4 at Burial ground road at Gadam Rosaiah Nagar in Division No.31 of NMC under GGMP Covered under Agreement No.504/GGMP/EE-I/23-24 dated 06-01-24 3) Laying of CC Road from Podalakur Main Road to Abhayar Vidyanikethan School at 4th street of Kaveri Nagar in Division No - 31 of NMC under GGMP Covered under Agreement N0.491/GGMP/EE-1/23-24 dated 06-01-24 and 4) Upgradation of CC Road from Podalakur Road to NCC Colony, 8th street near Venkaiah Swamy Temple in Division No.32 of NMC under GGMP Covered under Agreement No.604/GGMP/EE-l/23-24 dated 09-02-24, respectively, along with interest @ 18 % p.a. to the petitioner from the dates of issuance of contract certificates and pass Counsel for the Petitioner: 1. P SRIDHAR REDDY Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV 2. GP FOR FINANCE PLANNING The Court made the following: 4 ORDER:- Learned counsel for the petitioner submits that the petitioner has executed works entrusted by the respondent-corporation vide Agreement Nos.496/GGMP/EE-I/23-24, dated 06.01.2024, 504/GGMP/EE-I/23-24, dated 06.01.2024, 491/GGMP/EE-I/23-24, dated 06.01.2024 and 604/GGMP/EE-I/23- 24, dated 09.02.2024, respectively and submitted the final bills. It is submitted that the competent authority has recorded the progress of the work and certified the same in the M-Book. It is further submitted that, in all, an amount of Rs.44,477,496/- is due and payable by the respondents to the petitioner. Though the progress of the works was recorded in the M-Book, no amount has been forthcoming. 2. Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Municipal Administration and Urban Development; the learned Assistant Government Pleader for Finance & Planning, and the learned Standing Counsel for the respondent-corporation. 3. Considering the submissions, the respondents are hereby directed to verify and release the payments due payable to the petitioner as expeditiously as possible preferably within a period of eight (08) 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.13.08.2025 SR