r IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 21671 OF 2024 Between: Smt Soke Radha, DNo. 4-7-215-2, 3rd lane, SBI Colony, Pulivendula, YSR Kadapa District. ...PETITIONER AND 1. State of Andhra Pradesh, Represented by its. Principal Secretary, Municipal Administration and Urban Development, Secretariat, Velagapudi, Guntur District. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Finance and Planning, Secretariat Buildings, Velagapudi, Amaravathi Guntur District. 3. The MunicipalCommissioner, Pulivendula, YSR Kadapa District. 4. The Superintending Engineer, Public Health, Ananthapuram District. 5. The Executive Engineer, Public Health, YSR Kadapa District. 6. TheMunicipal Engineer, Pulivendula, YSR Kadapa District. 7. The Assistant Engineer, Pulivendula Municipality, Pulivendula, YSR Kadapa District. 8. The Engineer in chief.. Public Health, and MunicipalEngineeri ng Department, Tadepalli, Guntur 9. The Pay and Accounts Officer, Works and Accounts, D.No.29-2-52, Manasa Complex,RamaMandiram Street, Governorpet, Vijayawada. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue order, writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the in not releasing the bill amount of Rs 1,60,00,880/- respondents to the petitioner including interest for the work 1) Laying of CC Roads and Restoration of Damaged existing CC Roads in Nandhika Hospital in Pulivendula Muncipality. in pursuance of Agreement with the 3'*^ respondent Vide Agreement No. 82/2023-2024, dated 24-10-2023 violation of principles of natural justice and Unconstitutional as being illegal, arbitrary and consequently direct the respondents to pay undisputed bill amount of Rs 1,60,00,880/- to the petitioner including interest for the work in pursuance of Agreement with the 3^^ respondent Vide Agreement No. 82/2023-2024, dated 24-10- 2023. lA NO: 1 OF 2024 Petition under Section 151 CPC is filed 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 undisputed final bill amount of Rs 1,60,00,880/- to the petitioner including interest for the works in pursuance of Agreement with the 3^'^ respondent Vide Agreement Nos. 82/2023-2024, dated 24-10-2023, pending disposal of the writ petition. Counsel for the Petitioner :SRI. GANIPAY SUNEEL KUMAR Counsel for the Respondent No’s. 1,4 to 9: GP FOR MUNCIPAL ADMN URBAN DEV Counsel for the Respondent No.2: GP FOR FINANCE & PLANNING Counsel for the Respondent No.3: M/S V SIREESHA RANI, SC FOR MUNICIPALITY The Court made the following ORDER: 1 APHC010420762024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] THURSDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 21671/2024 Between: ...PETITIONER Smt Soke Radha, AND ...RESPONDENT(S) State Of Andhra Pradesh and Others Counsel for the Petitioner: 1 .GANIPAY SUNEEL KUMAR Counsel for the Respondent(S): 1 .GP FOR MUNCIPAL ADMN URBAN DEV 2.Sireesha Rani Vallabhaneni,Standing Counsel For Municipalities 3.N RANGA REDDY (SC MC RSEEMA SPSR NLR) 4.GP FOR FINANCE PLANNING The Court made the following: 2 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief; “....to issue order, writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not releasing the bill amount of Rs. 1,60,00,880/- to the petitioner including interest for the work 1) Laying of CC Roads and Restoration of Damaged existing CC Roads in Nandhika Hospital in Pulivendula Muncipality in pursuance of Agreement with the 3^^ respondent Vide Agreement No.82/2023-2024, dated 24-10-2023, as being illegal, arbitrary, violation of principles of natural justice and Unconstitutional and consequently direct the respondents to pay undisputed bill amount of Rs.1,60,00,880/- to the petitioner including interest for the work in pursuance of Agreement with the 3'^^ respondent Vide Agreement No.82/2023-2024, dated 24-10-2023 ” Heard learned counsel for the petitioner, learned Government Pleader 2. for Municipal Administration and Urban Development for respondent No.1, learned Government Pleader for Finance and Planning for respondents No.2 and Ms.V.Sireesha Rani, learned Standing Counsel for respondent No.3. Learned counsel for the petitioner submits that even though 3. respondents admitted that the petitioner is entitled for payment of the aforesaid sum of money, no payment is being made and such non-payment of money is clearly arbitrary and high-handed and thereby requires interference by this Court. At the time of hearing, the learned Standing Counsel for Municipality produced a copy of instructions of the Commissioner, Pulivendula, YSR 4. 3 Kadapa District/respondent No.3, wherein it is stated that the petitioner has commenced the works. The 7*^ respondent has recorded the measurements of the work, 6'*^ respondent has check measured and the 5*^ respondent has test checked the works executed by the petitioner and the bills were raised to a tune of net amount of Rs.1,60,00,880/- for laying of CC Roads and Restoration of damaged existing CC Roads in Nandhika Hospital in Pulivendula Municipality. The bill amount, as claimed by the petitioner, has already been raised and is waiting for fund clearance with the bill CFMS ID No.2024-282246. It is further stated that once the funds are available, the bills will be paid to the petitioner. In view of the above instructions, since the bill amount claimed by the petitioner is an admitted bill, this Court feels it appropriate to dispose of the writ petition directing the respondents to release an amount of Rs.1,60,00,880/- (Rupees One Crore, Sixty Lakh, Eight hundred eighty only) to the petitioner within a period of four (4) months from the date of receipt of a copy of this order. 5. 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed. Sd/- N. NAGAMMA ( ASSISTANT^GISTRAR //TRUE COPY// KSECTION OFFICER To, 1. The Principal Secretary, Municipal Administration and Urban Development, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District. 2. The Principal Secretary, Department of Finance and Planning, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi Guntur District. 3. The MunicipalCommissioner, Pulivendula, YSR Kadapa District. 4. The Superintending Engineer, Public Health, Ananthapuram District. 5. The Executive Engineer, Public Health, YSR Kadapa District. 6. TheMunicipal Engineer, Pulivendula, YSR Kadapa District. 7. The Assistant Engineer, Pulivendula Municipality, Pulivendula, YSR Kadapa District. 8. The Engineer in chief.. Public Health, and MunicipalEngineeri ng Department, Tadepalli, Guntur. 9. The Pay and Accounts Officer, Works and Accounts, D.No.29-2-52, Manasa Complex,RamaMandiram Street, Governorpet, Vijayawada, One CC to SRI. GANIPAY SUNEEL KUMAR, Advocate [OPUC] One CC to M/S V SIREESHA RANI, SC FOR MUNICIPALITY 10. 11. [OPUC] Two CCs to GP FOR MUNCIPAL ADMN URBAN DEV, High Court Of Andhra Pradesh. [OUT] Two CCs to GP FOR FINANCE & PLANNING, High Court Of Andhra Pradesh. [OUT] Three CD Copies 12. 13. 14. PRK IP HIGH COURT DATED:06/02/2025 5 17 MAR 2025 g ^ . Current Section ORDER WP.No.21671 of 2024 DISPOSING OF THE W.P. WITHOUT COSTS