I ■ IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 892 OF 2025 Between: N. Rajendra Prasad, S/o N. Balamukunda Prasad, aged 63 years, R/o H.No.21-2-15/41,7thRoad, SKD Colony, Adoni, Kurnool District. ...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. 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 Its Commissioner, Adoni, Kurnool District. 4. The Municipal Engineer, Adoni Municipality, 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 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. 22,24,379/- 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 in (reach-IV) at Raw Water Pump House i Adoni Municipality of Agreement.No.78/2 in 023- 24. datedi9.08.2023 vide Funds 2023-24, of India and to release the pending amounts of Rs. 22,24,379/- with interest for the pending bills forthwith above said work executed by the petitioner. M.Book No. 94/2022-23 for Adoni Municipality Under General as Illegal, arbitrary and violative of Art 14 and 21 of Constitution consequently direct the respondent authorities for the lA NO: 1 OF 207/. Petition under Section 151 CPC stated in the affidavit filed i praying that in the circumstances m support of the writ petition, the High Court may Pending Amount Bills of Rs. be pleased to direct respondents to consider for 22,24,379/- with interest for the work executed by the petitioner for the various work in Adoni Municipality through the Agreements forthwith, disposal of the main Writ Petition. pending Counsel for the PetitionerSRI KOMMA VIJAYA Counsel for the Respondent No.1: GP FOR MUNCIPAL ADMN DEVELOPMENT Counsel for the Respondent No.2: GP FOR FINANCE AND Counsel for the Respondents No.3,4: M/s V SIREESHA MUNICIPALITIES) RAJ KUMAR AND URBAN PLANNING RANI (SC FOR The Court made the following: ORDER 1 APHC010011232025 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: 892/2025 Between: ...PETITIONER N Rajendra Prasad AND ...RESPONDENT{S) The State of A.P. and oOthers 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 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.22,24,379/- even after finalizing the bills, payable to the petitioner in reiation to the work i.e., to “Laying of BT Road from Basapuram Road to Head water in (reach- IV) at Raw Water Pump House in Adoni Municipality’’ of Agreement No. 78/2023-24, dated 19.08.2023 vide M.Book No.94/2022-23 for Adoni Municipality Under General Funds 2023-24, as illegal. arbitrary, and vioiative of Art 14 and 21 of Constitution of India and consequently direct the respondent authorities to release the pending amounts of Rs.22,24,379/- with interest for the pending bills forthwith for the above said work executed by the petitioner 2. 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 respondent No.2 and Ms.V.Sireesha Rani, learned Standing Counsel for Adoni Municipality. 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 3 of money is clearly arbitrary and high-handed and thereby requires interference by this Court. At the time of hearing, the learned Standing Counsel appearing for 3 respondent Municipality produced a copy of instructions of the Commissioner, Adoni Municipality, Adoni/respondent No.3, wherein it is stated that the respondent has processed to upload the work bill in CFMS portal, vide Bill No.2024-2263523. It is further stated the then Municipal Assistant Engineer, Adoni, and the present Municipal Assistant Engineer, Gudur Nagara Panchayath Municipality, have not handed over the connected records such as M.Book, Agreements and bills to this office. In this regard, this office issued a memo to produce the same. However, due to the non-availability of connected records such as M.Books, agreements and bills of this work, the ULB is unable to make the payment to the petitioner/contractor. The payment for this work will be processed as soon as the connected files are available. It is further stated that the respondents have assured that the payment will be made to the petitioner within a couple of months. 4. rd In view of the above instructions, since the bill amount claimed by the petitioner is an admitted bill, this Court feels it appropriate to dispose of the writ petition directing the respondents to release amount of Rs.22,24,379/- (Rupees Twenty two lakhs twenty four thousand three hundred and seventy nine only) to the petitioner within a period of three (3) months from the date of receipt of a copy of this order. 5. 4 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR ^ECTIO^ OFFICER //TRUE COPY// To, Municipal The Principal Secretary, State of Andhra Pradesh Administration Department, Secretariat, Velagapudi, Amaravathi, Thullur Mandal, Guntur District. The Principal Secretary, State of Andhra Pradesh, State of Andhra Pradesh, Finance Department, Secretariat, Velagapudi Amaravathi, Thullur Mandal, Guntur District. The Commissioner, Adoni Municipality, Adoni, Kurnool District. The Municipal Engineer, Adoni Municipality, Kurnool District. One CC to SRI KOMMA VIJAVA RAJ KUMAR, Advocate [OPUC] Two CCS to GP MUNCIPAL ADMN AND URBAN DEVELOPMENT, High Court of Andhra Pradesh [OUT] Two CCs to GP FINANCE AND PLANNING DEVELOPMENT, High Court 1. 2. 3. 4. 5. 6. 7. of Andhra Pradesh [OUT] One CC M/s. V. SIREESHA RANI, Advocate (SC FOR MUNICIPALITIES) [OPUC] Three C.D. Copies 8. 9. nm HIGH COURT DATED:06/02/2025 ORDER WP.No.892 of 2025 ANDf^ X 12 MAR 2025 ^ . Current aecuon C9, DISPOSING OF THE WP WITHOUT COSTS