1 5 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE V " PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA' WRIT PETITION NO: 950 OF 2025 Between: N. Rajendra Prasad, S/o N. Balamukunda Prasad, aged 63 years, R/o H.No.21-2-15/41,7*'^ Road, SKD Colony, Adoni, Kurnool District. ...PETITIONEI^ AND State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Municipal Adminisfration Department, Secretariat, Velagapudi, Amaravathi, Thullur Mandal, Guntur District. State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Finance Department, Secretariat, Velagapudi, Amaravathi, Thullur Mandal, Guntur District. Adoni Municipality, Rep By its Commissioner, Adoni, Kurnool District. The Municipal Engineer, Adoni Municipality, Kurnool District 1. 2. 3. 4. ...RESPONDENTS Petition under Article 2^ 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, Order, or Direction more particularly one in the nature of WRIT OF MANDAMUS or any other appropriate writ or direction declaring the action of the respondents in not releasing the pending due payments of amount Rs. 22,21,243/- even after finalizing the bills, payable to the petitioner in relation to the work i.e., to Laying of BT Road from Basapuram Road to Head water works in (Reach- III) at Head Water Works in Adoni Municipality of Agreement.No.77/2Q^-'24, dated 19.08.2023 vide M.Book No.95/2022-23 for Adoni Municipality Under General Funds 2023- V/ 24, as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct respondent authorities to pending amounts of Rs. 22,21,243/- with interest for the pending bills forthwith for the above said work executed by the petitioner. release the ..X lA NO: 1 OF 2025 Petition under Section IsVcPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct respondents to consider for Pending Amount Bills of Rs.22,21,243/- with interest for the work executed by the petitioner for the various work in Adoni Municipality through the Agreements forthwith, pending disposal of the main Writ Petition, Counsel for the Petitioner: SRI KOMMA VIJAYA RAJ KUMAR ^ Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent No.2: GP FOR FINANCE & PLANNIN%^ - Counsel for the Respondent Nos.3 & 4: M/s. SIREESHA RANI VALLABHANENI, SC FOR MUNICIPALITIES The Court made the following: ORDER 1 • \ APHC010011372025 r IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] FRIDAY ,THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 950/2025 Between: N Rajendra Prasad ...PETITIONER AND State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. KOMMA VIJAYA RAJ KUMAR Counsel for the Respondent{S): 1.GP FORMUNCIPAL ADMN URBAN DEV 2.GP FOR FINANCE PLANNING The Court made the following: w 2 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “....to issue a Writ, Order or Direction more particularly one in the nature of WRIT OF MANDAMUS or any other appropriate writ - direction declaring the action of the respondents in not releasing the pending due payments of amount Rs.22,21,243/- even after finalizing the bills, payable to the petitioner in relation to the work i.e., to “Laying of BT Road from Basapuram Road to Head water works in (Reach-Ill) at Head Water Works in Adoni Municipality” of Agreement No.77/2023-24 dated 19.08.2023 vide No.95/2022-23 for Adoni Municipality Under General Funds 2023- 24, as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondent authorities to release the pending amounts of Rs.22,21,243/- with interest for the pending bills forthwith for the above said work executed by the petitioner... ” Heard learned counsel for the petitioner and learned counsel for the respondents. or M.Book 2. appearing 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 interference by this Court. requires 4. Today, when the matter came up for hearing, learned Standing Counsel for Municipality, on instructions, wherein it is submitted that the Municipal Council Adoni has accorded Administrative Sanction vide C.R.No.62, Dt.28.04.2023 under General Funds in the Adoni Municipality for a tune of Rs.22.50 lakhs for the work. Accordingly, the Municipality has a process to 3 upload the work bill in the CFMS portal and CFMS Bill No.2024-2269097. Further it is submitted that Sri M.Krupakar, the then Municipal Assistant Engineer, Adoni and present Municipal Assistant Engineer, Gudur Nagara Panchayath Municipality has not handed over connected records M.Book, Agreements and Bills, as such the office issued a Memo to produce/ handover the M-Books, Bills, Agreements and files to Sri M.Krupakar, the then Municipal Assistant Engineer, Adoni. It is also submitted that due to non-available connected records i.e., M.Books, Agreements and Bills of the work, the ULB has been unable to pay the same to the petitioner and the payments of the work will be processed as soon as the connected files are available. 5. In view of the above instructions, since the bills are already uploaded to a tune of Rs.20,05,043/-(Rupees Twenty Lakhs Five Thousand and Forty Three only), which is the net amount payable to the petitioner after deductions to a tune of Rs.2,16,200/-(Rupees Two Lakhs Sixteen Thousand Two Flundred only), this Court feels it appropriate to dispose of the writ petition directing the respondents to clear the said bills within a period of three (3) months from the date of receipt of a copy of this order. 6. 7. 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. Sd/- M.PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary to Government, Municipal A^fmnnistration Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Thullur Mandal, Guntur District. to Government, Financ^l5epartment, State of 2. The Principal Secretary Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Thullur Mandal, Guntur District. 3. The Commissioner, Adoni Municipality, Adoni, Kurnool District. 4. The Municipal Engineer, Adoni MunicTpality, Kurnool District Vijaya Raj^Kumar, Advocate [OPUC] 6. One CC to M/s. Sireesha Rani V^labhaneni, SC for Municipalities[OPUC] 7. Two CCs to GP for Municipal AdWnistration and Urban Development High Court of Andhra Pradesh. [OUT]V/' 8. Two CC’s to GP for Finance and Plarfrrlng, High Court of A.P. at Amaravati[OUT] 9. Three CD Copies. 5. One CC to Sri Komma ssb HIGH COURT DATED:07/02/2025 ORDER WP.No.950 of 2025 iff-^ofanoS^ 2 15 MAIt 2025 if Current Section DISPOSING OF THE W.P WITHOUT COSTS