1 APHC010420922024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] THURSDAY ,THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 21643/2024 Between: Smt Soke Radha ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. GANIPAY SUNEEL KUMAR Counsel for the Respondent(S): 1. Sireesha Rani Vallabhaneni,Standing Counsel For Municipalities 2. GP MUNCIPAL ADMN AND URBAN DEV AP 3. 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.1,58,72,925/- to the petitioner including interest for the work 1) Laying of CC Roads and Restoration of Damaged existing CC Roads in NGO Colony in Pulivendula Muncipality in pursuance of Agreement with the 3rd respondent Vide Agreement No.81/2023-2024, 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.1,58,72,925/- to the petitioner including interest for the work in pursuance of Agreement with the 3rd respondent Vide Agreement No.81/2023- 2024 dated 24.10.2023…” 2. Heard learned counsel for the petitioner, learned Government Pleader for Finance and Planning for respondent No.2 and learned Standing Counsel for respondent No.3. 3. Learned counsel for the petitioner submits that even though 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. 4. The 3rd respondent has filed a counter affidavit, wherein it is stated that the works were taken up by the Pulivendula Municipality with State 3 Government Funds under Pulivendula Area Development Agency (PADA) Grant and the works were awarded to the petitioner after floating the tenders and also concluded the agreement with the petitioner by the Municipal Commissioner, Pulivendula. Accordingly, the petitioner has commenced the works. The Municipal Assistant Engineer has recorded the measurements of the work, 5th respondent has checked the measurements and the Executive Engineer (Public Health) has test checked the works executed by the petitioner and the bills were raised to a tune of gross amount of Rs.1,78,09,210.23/- and net amount of Rs.1,58,72,925/- for the said work i.e., Laying of CC Roads and Restoration of Damaged existing CC Roads in NGO Colony 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.2024-282231. 5. In view of the above, since the bills claimed by the petitioner is an admitted amount, this Court feels it appropriate to dispose of the writ petition directing the respondents to release amount of Rs.1,58,72,925/- (Rupees One Crore Fifty Eight Lakhs Seventy Two Thousand Nine Hundred and Twenty Five only) to the petitioner within a period of four (4) months from the date of receipt of a copy of this order. 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. 4 Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed. __________________ JUSTICE V.SUJATHA Date: 13.02.2025 JLV