APHC010437062024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 1074/2025 Between: 1. THIRUMALA CONSTRUCTIONS, H.NO. 1/92-430,DWARAKA NAGAR, ANANTHAPURAM, ANANTHAPURAM DIST, REPRESENTED BY MANAGING PARTNER ANTHAPU SOMI REDDY, S/O ANTHAPU OBI REDDY, AGED ABOUT 40 YEARS, OCC CONTRACTOR, D.NO. 1- 430, DWARAKA NAGAR, ANANTNAPURAM, ANANTHAPURAM DIST, ANDHRA PRADESH STATE-515001. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 2. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 3. THE COMMISSIONER AZND DIRECTOR, MUNICIPAL AND URBAN DEVELOPMENT DEPARTMENT, GOVERNMENTOF ANDHRA PRADESH, 3,4,5 FLOORS, PRIME HILL CREST, VADDESWARAM, GUNTUR DISTRICT. 4. THE DHARMAVARAM MUNICIPALITY, REP BY ITS COMMISSIONER, DHARMAVARAM, SRI SATYA SAI DISTRICT (FORMERLY ANANTHAPURAM DISTRICT) 2 5. THE EXECUTIVE ENGINEER, DHARMAVARAM MUNICIPALITY, SRI SATYA SAI DISTRICT. (FORMERLY ANANTHAPURAM 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 pleased to issue a writ order or direction, more particularly one in the nature of writ of Mandamus, declaring the action of the respondent authorities in withholding the admitted amounts even after finalizing the bills, payable to the petitioner in relation to the works i.e., 1) Laying of CC Road from Dr.no.7/388-1 to E.P no.E3/5, Dr.no.7-607-1 to E.P. No.C 16/15 and Dr.No.7- 439 to E.P. E2/9 and Dr.no.7/453 to Extension area in 15th Secretariat (17th Election Ward in Dharmavaram Municipality) vide agreement no. 540/2023- 2024, dated 15.11.2023 for an amount of Rs. 14,82,315/-, 2) Laying of CC Road from 29/743-1 to 29/569, Near Pole NO.W2/18 to 29/558 in 32nd Secretariat (37 Election Ward in Dharmavaram Municipality) vide Agreement no. 544/2023-2024, dated 15.11.2023 for an amount of Rs.17,81,667/- 3) Laying of CC Road from 5/132 to 5/92 in 8 Secretariat (17th Election Ward in Dharmavaram Municipality) vide Agreement no. 543/2023- 2024, dated 15.11.2023 for an amount of Rs.17,90,297/- and 4) Laying of CC Road from 5/132 to 5/92 in 8th Secretariat (17th Election Ward in Dharmavaram Municipality) in Dharmavaram Municipality, Dharmavaram, Sri Satya Sai District vide Agreement no. 542/2023-2024, dated 15.11.2023 for an amount of Rs.17,02,090/- aggregated to lumpsum contract final biiis amount of Rs.67,56,369/- (Rupees Sixty Seven Lakhs Fifty six thousand three hundred and sixty nine only) as the same is illegal, arbitrary and violation of principles of natural justice and violation of Article 14, 19 and 21 of the Constitution of India consequently direct the respondents to release of admitted amount Rs.67,56,369/- (Rupees Sixty Seven Lakhs Fifty six thousand three hundred and sixty nine only) with interests to the petitioner firm and other reliefs and pass IA 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 Pleased to condone delay of 87 days in representing the returned WP.SR.34493 of 2024 on the file of this Hon’ble Court thereby allow me to prosecute the matter on merits and pass IA NO: 2 OF 2025 3 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 Final Bill Rs.67,56,369/- (Rupees Sixty Seven Lakhs Fifty six thousand three hundred and sixty nine only) forthwith, pending disposal of the main writ petition and pass Counsel for the Petitioner: 1. DASARI S V V S V PRASAD Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV 2. GP FOR FINANCE PLANNING The Court made the following: 4 Order: Learned counsel for the petitioner submits that the petitioner has executed four works as per Agreement No.540/2023-2024 dated 15.11.2023, 544/2023-2024 dated 15.11.2023, 543/2023-2024 dated 15.11.2023 and 542/2023-24 dated 15.11.2023 as entrusted by the respondents and submitted final bills. It is submitted that the competent authority has also recorded the progress of work and certified the works in the M-Book. It is submitted that, in all, an amount of Rs.67,56,369/- is due and payable by the respondents to the petitioner. It is submitted that the bills were also uploaded in the CFMS Portal. However, no amounts have been forth coming. 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 Municipality. 3. Considering the submissions, the respondents are hereby directed to verify and release the payments due payable to the petitioner as expeditiously as possible preferably within a period of eight (08) weeks from the date of receipt of a copy of this order. 4. Accordingly, the Writ Petition is disposed off. No costs. 5. Pending miscellaneous petitions, if any, shall stand closed. ______________________ JUSTICE HARINATH.N Date : 02.09.2025 PNS 5