I IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI\^ (Special Original Jurisdiction) '-Z THURSDAY, THE SIXTH DAY OF FEBRUARY' TWO THOUSAND AND TWENTY FIVE ’ PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 823 OF 2025 Between: N Rajendra Prasad, S/o N. Balamukunda Prasad, aged 63 years, R/o H.No.21-2-15/41, 7th Road, SKD Colony, Adoni, Kurnool District.'^ ...Petitioner AND 1. State of Andhra Pradesh, Rep,, by its Principal Secretary to Government, Municipal Administration Department, Secretariat, Velagapudi, Amaravathi, Thullur Mandal, Guntur District. 2. State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Finance Department, Secretariat, Velagapudi, Amaravathi, Thullur Mandal, Guntur District. 3. Adoni Municipality, Rep By It’s CommissionefTAdoni, Kurnool District. 4. The Municipal Engineer, Adoni Municipality, Kurnool District. 5. The District Collector (Municipality), Kurnool, Kurnool District. ...Respondents Petition under Article 22B of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court 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 may / payments of amount Rs. 15,75,472/- even after finalizing the bills, payable to the petitioner in relation to the work i.e., to Laying of CC Road and CC Drain from HDFC bank to 15/166 in E.W.No.34 in Adoni Municipality of Agreement. No.258/2023-24 dated 13.02.2024 vide M.Book No. 145/2023- 24 for Adoni Municipality Under GGMP 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. •15,75,472/- with interest for the pending bills forthwith for the above said work executed by the petitioner, v lA 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 respondents to consider for Pending Amount Bills of Rs. 15,75,472/- 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 Nos. 1 and 5: GP MUNICIPAL ADMIN AND URBAN DEV AP Counsel for the Respondent No.2: GP FOR FINANCE PLANNING Counsel for the Respondent Nos. 3&4: M/S SIREESHA RANI VALLABHANENI SC FOR MAUD The Court made the following order: WW' 1 r APHC010011142025 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: 823/2025 Between: N.Rajendra Prasad ...PETITIONER AND The State of A.P. and others ...RESPONDENT(S) Counsel for the Petitioner: 1. KOMMA VIJAYA RAJ KUMAR Counsel for the Respondent(S): 1.GP MUNCIPAL ADMN AND URBAN DEV AP 2.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 a Writ, Order or Direction more particuiarly 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. 15,75,472/- even after finalizing the bills, payable to the petitioner in relation to the work i.e., to “Laying of CO Road and CC Drain from HDFC bank to 15/166 in E.W.No.34 in Adoni Municipality” of Agreement No.258/2023-24, dated 13.02.2024 vide M.Book No. 145/2023-24 for Adoni Municipality under GGMP 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 amount of Rs. 15,75,472/- with interest for the pending bills forthwith for the above said work executed by the petitioner ” 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 Municipality for respondents No.3 and 4. 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, Adoni Municipality, 4. J I Adoni/respondent No.3, wherein it is stated that the Municipality is in the process of uploading the work bill in CFMS portal under Head of Account No.8443001061129268001VN, which is exclusively meant for GGMP works. Due to lack of funds in the head of account, the ULB could not able to make the payment to the petitioner. The Government of Andhra Pradesh has issued instructions vide Memo No.2573873/GGMP/Plg-VII-4, dated 09.01.2025 to furnish the details of status of works sanctioned prior to 01.04.2024 under the GGMP Programme for making payments. The said details are submitted to the District Collector & Magistrate, Kurnool, for further action. 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 5. petitioner is an admitted bill, this Court feels it appropriate to dispose of the writ petition directing the respondents to release amount of Rs. 15,75,472/- (Rupees fifteen lakhs seventy five thousand four hundred and seventy two only) to the petitioner within a period of three (3) months from the date of receipt of a copy of this order. Accordingly, the Writ Petition is disposed of. There shall be no order as 6. to costs. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed. Sd/- M.PRABHAKAR RAO ASSISTANT REGISTRAR SECTION OFFICER //TRUE COPY// To 1. The Principal Secretary to Government, Municipal Administration Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Thullur Mandal, Guntur District. 2. The Principal Secretary to Government, Finance Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Thullur Mandal, Guntur District. 3. The Commissioner, Adoni Municipality, Adoni, Kurnool District. 4. The Municipal Engineer, Adoni Municipality, Kurnool District. 5. The District Collector (Municipality), Kurnool, Kurnool District. 6. One CC to Sri. Komma Vijaya Raj Kumar Advocate [OPUC] 7. One CC to M/s Sireesha Rani Vallabhaneni SC for MAUD [OPUC] 8. Two CCs to GP for Municipal Admin an^rban Dev, High Court Of Andhra Pradesh. [OUT] 9. Two CCs to GPfor Finance Planning, High Court Of Andhra Pradesh. [OUT] 10. Three CD Copies GSC HIGH COURT DATED:06/02/2025 ORDER WP.No.823 of 2025 bf ^ 15 MAR 2025 I Current Section ^ 2? DISPOSING OF THE WP WITHOUT COSTS