■ !( APHC010422882024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE SIXTH DAY OF AUGUST , TWO THOUSAND AND TWENTY FIVE ^ PRESENT HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 22203 OF 2024 Between: M/s YVR and Company, Rep by its Managing partner Y.V. Ratnam S/o. Satyanarayana Murthy, Aged about 58 years, Occ: Contractor MIGIIA114 Gullalapalem Colony, Sriharipuram Visakhapatnam. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Municipal Administration and Urban Development, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Greater Visakhapatnam Municipal Corporation, Rep. by its Commissioner, Visakhapatnam, Visakhapatnam District. 3. The Executive Engineer-Ill, O/o. Municipal Corporation, Visakhapatnam, Visakhapatnam District. 4. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Finance and Planning, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District, y-/ ...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. 16,43,459/- (CFMS No.2023-2287295) even after finalizing the bills, payable to the petitioner in relation to the works i.e.. Renewal of BT road from D.No.9-21-13 to 9-21-5, D.No.9-19-4/1 to Opp Tycoon Hotel D.No.9-26-5/1 to Timpany ICSE School, CBM compound in ward no.27 of Zone - III of GVMC) vide Agreement No. 127/2023- 24/E.E.Ill, Dt.02.08.2023 respectively, is questioned, as the same is illegal, arbitrary and consequently direct the respondents to consider payments of Rs. 16,43,459/- (CFMS No.2023-2287295) with interest @12 percentage per annum for the delayed amount to the petitioner in resp^fof the execution of above-mentioned work. Road and lA NO: 1 OF 2024 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. 16,43,459/- (CFMS No.2023-2287295) with interest @ 12% per annum for the delayed amount to the petitioner in respect of execution of work i.e. “Renewal of BT road from D.No.9-21-13 to 9-21-5, D.No.9- 19-4/1 to Opp Tycoon Hotel Road and D.No.9-26-5/1 to Timpany ICSE School, CBM compound in ward no.27 of Zone - III of GVMC)” vide Agreement No. 127/2023-24/E.E.III, Dt.02.08.2023. / / Counsel for the Petitioner: SRI SURESH KUMAR REDDY KALAVA Counsel for the Respondent No. 1: GP MUNCIPAL ADMN AND URBAN DEV Counsel for the Respondent Nos. 2 and 3: SRI A S C BOSE SC FOR MUNICIPAL CORPORATION / Counsel for the Respondent No. 4: GP FOR FINANCE PLANNING The Court made the following order: APHC010422882024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE SIXTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 22203/2024 Between: 1.YVR AND COMPANY, REP BY ITS MANAGING PARTNER Y.V. RATNAM, S/0. SATYANARAYANA MURTHY, AGED ABOUT 58 YEARS, OCC CONTRACTOR, MIGIIA114 GUIIALAPALEM COLONY, SRIHARIPURAM VISAKHAPATNAM. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 3.THE EXECUTIVE ENGINEER III, 0/0. MUNICIPAL CORPORATION, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 4.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTIHENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. ...RESPONDENT{S): 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 i 2 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. 16,43,459/- (CFMS No.2023-2287295) even after finalizing the bills, payable to the petitioner in relation to the works i.e.. Renewal of BT road from D.No.9-21-13 to 9-21-5, D.No.9-19-4/1 to opp Tycoon Hotel Road and D.No.9-26-5/1 to Timpany ICSE School, CBM compound in ward no.27 of Zone - III of GVMC) vide Agreement No. 127/2023- 24/E.E.Ill, Dt.02.08.2023 respectively, is questioned, as the same is illegal, arbitrary and consequently direct the respondents to consider payments of Rs. 16,43,459/- (CFMS No.2023-2287295) with interest @12 percentage per annum for the delayed amount to the petitioner in respect of the execution of above- mentioned work forthwith and pass lA NO: 1 OF 2024 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 consider for payment of Rs. 16,43,459/- (CFMS No.2023-2287295) with interest @ 12% per annum for the delayed amount to the petitioner in respect of execution of work i.e. “Renewal of BT road from D.No.9-21-13 to 9-21-5, D.No.9- 19-4/1 to opp Tycoon Hotel Road and D.No.9-26-5/1 to Timpany ICSE School, CBM compound in ward no.27 of Zone III of GVMC)” vide Agreement No. 127/2023-24/E.E.Ill, Dt.02.08.2023 and pass Counsel for the Petitioner: 1.SURESH KUMAR REDDY KALAVA Counsel for the Respondent(S): 1.JDILEEP KUMAR 2.GP MUNCIPAL ADMN AND URBAN DEVAP 3.GP FOR FINANCE PLANNING The Court made the following: 3 Order: Learned counsel for the petitioner submits that the petitioner has executed work vide agreement No.127/2023-24/E.E.III, dated 02.08.2023 entrusted by the 2'"'^ respondent-Corporation and submitted final bills. I submitted that the competent authority has also recorded the progress of work and certified the work in the M-Book. It is submitted that, in all, an amount of Rs. 16,43,459/- is due and payable by the respondents to the petitioner. It is submitted that the bills were also uploaded in the CFMS Portal. However amounts have been forth coming. , as It is , no 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 and Planning, and the learned Standing Counsel for the respondent-corporation. 3. Considering the submissions, the respondent Nos. 2 to 4 are hereby directed to verify and release the payments due payable to the petitioner expeditiously as possible preferably within a period of six (06) weeks from the date of receipt of a copy of this order. Accordingly, the Writ Petition is disposed of. No costs. Pending miscellaneous petitions, if any, shall stand closed. as 4. 5. Sd/- K.KASI RAO ACHAR! ASSISTANT REGISTRAR SECTION OFFJOHR //TRUE COPY// To, 1. The Principal Secretary, Department of Municipal Administration and Urban Development, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Commissioner, Greater Visakhapatnam Municipal Corporation, Visakhapatnam, Visakhapatnam District. 3. The Executive Engineer Visakhapatnam, Visakhapatnam District. 4. The Principal Secretary, Department of Finance and Planning, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 5. One CC to Sri. Suresh Kumar Reddy Kalava Advocate [OPUC] 6. One CC to Sri. A S C Bose SC for Municipal Corporation [OPUC] 7. Two CCs to GP For Finance Planning, High Court of Andhra Pradesh [OUT] 8. Two CCs to GP For Municipal Admin and Urban Development, High Court of Andhra Pradesh [OUT] 9. Two CD Copies GSC O/o. Municipal Corporation, 1 f HIGH COURT DATED:06/08/2025 ORDER WP NO. 22203 OF 2024 & 2 8 AUG 2025 Ig Secthp^yCy^ DISPOSING THE WP WITHOUT COSTS