IN THE HIGH COURT OF ANDHRA PRADESH :: (Special Original Jurisdiction) THURSDAY, THE SIXTH DAY OF FEBRUARY- TWO THOUSAND AND TWENTY FIVE I PRESENT ' THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NQ: 894 OF AMARAVATI I® 2 rn. -rn S.' Between: N.Rajendra Prasad, S/o N. Balamukunda r H.No.21-2-15/41, 7'^ Road, SKD Colony, Adoni, Kurnool District. Prasad, aged 63 years, R/o ...PETITIONER AND 1. The State of Andhra Pradesh rep. by its Principal Secretary to Government, Municipal Administration Department, Secretariat Velagapudi, Amaravathi, Thullur Mandal, Guntur District. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary Government, Finance Department, Secretariat, Velagapudi, Amaravathi, Thullur Mandal, Guntur District. to 3. Adorn Municipality, Rep By It’s Commissioner, Adoni, Kurnool District. 4. The Municipal Engineer, Adoni Municipality, Kurnool District. 5. The District Collector (Municipality), Kurnool, Kurnool District. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court i be pleased to issue a Writ, Order, or Direction more particularly one in the nature of WRIT OF MANDAMUS may or any other appropriate writ or direction declaring the action of the respondents in not releasing the pending due payments of amount Rs. 17.69,415/- even after finalizing the bills, payable to the petitioner in relation to the work i.e., to Laying of CC Road from D.No MIG 188/2 TO MIG 191 and LIG 55 TO LIG MIG in E.W.NO.05 in 65, LIG 92 TO LIG 96 in Adoni Municipality of Agreement.No.278/2023-24, $ dated 21.02.2024 vide M.Book No. 167/2023- 24 for Adoni Municipality Linder GGMP Funds 2023-24, as illegal, arbitrary and violative of Arts 14 and if of Constitution of India and consequently direct the respondent authori’ties#to release the pending amounts of Rs. 17,69,415/- with interest for the 'ijending bills forthwith for the above said work executed by the petitioner. 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. 17,69,415/- with interest for the work executed by the petitioner for the various work in Adoni Municipality Under GGMP Funds 2023-24 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 & 5: GP MUNCIPAL ADMN & URBAN DEVELOPMENT Counsel for the Respondent No.2: GP FOR FINANCE & PLANNING Counsel for the Respondent Nos.3 & 4: SMT.SIREESHA RANI VALLABHANENI, SC FOR MUNICIPAL & MUNICIPAL CORPORATION The Court made the following: ORDER 1 APHC010011092025 IN THE HIGH COURT OF ANDHRA PRADESH AT 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: 894/7n9f; [3333] Between: N Rajendra Prasad ...PETITIONER AND The State of A.P. and others 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: ...RESPONDENT(S) 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 particuiariy 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. 17,69,415/- even after finalizing the bills payable to the petitioner in relation to the work i.e., to ‘‘Laying of CC Road from D.No MIG 188/2 TO MIG 191 and LIG 55 TO LIG 65, LIG 92 TO LIG 96 in MIG in E.W.NO.05 in Adoni Municipality” of Agreement No.278/2023-24 dated 21.02.2024 vide M.Book No. 167/2023-24 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. 17,69,415/- 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 for Municipal Administration and Urban Development for respondent No.1, learned Government Pleader for Finance and Planning for respondents No.2 2. and Ms.V.Sireesha Rani, learned Standing Counsel for Municipality. 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. 3. At the time of hearing, the learned Standing Counsel for Municipality produced a copy of instructions of the Commissioner, Adoni Municipality, Adoni/respondent No.3, wherein it is stated that the Municipality is in the 4. 3 3)> 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 details are to be 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.17,69,415/- (Rupees seventeen lakhs sixty nine thousand four hundred and fifteen 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 Sd/- N. NAGAMMA ASSISTANT REGISTRAR closed. //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary to Government, Municipal Administration Department, State of Andhra Pradesh Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Principal Secretary to Government, Finance Department, State of Andhra PraHaeh .^arratariat \/alananiiHi Amara\/athi r^imtiir riictriM 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. Two CCs to GP Municipal Admn & Urban Dev, High Court of Andhra Pradesh. [OUT] 8. Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh. [OUT] 9. One CC to Sri Sireesha Rani Vallabhaneni, SC for MUNC & MUNC Corporation. [OPUC] Three CD Copies. 10. gi HIGH COURT DATED:06/02/2025 ORDER WP.No.894 of 2025 OF AW ! TV Opi Pll e 5 MAR 2025 S- ■m ysp DISPOSING OF THE WRIT PETITION WITHOUT COSTS