APHC010444802025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 23148/2025 Between: 1. ABITEJ ENTERPRISES, REP.BY.PARTNER KANDURI MADANALINGESWARA REDDY, S/O.K.AMBI REDDY, AGE 50 YEARS,3-125/180,VIVEKANANDA NAGAR, NEAR MARUTHI NAGAR HANUMAN TEMPLE, GHATKESAR MANDAL ,BODUPPAL,RANGAREDDY DISTRICT ...PETITIONER AND 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR. 2. THE GENERAL MANAGERPROJECTS, APGBC, VIJAYAWADA 3. THE MANAGING DIRECTORPESHI APG BC, VIJAYAWADA. 4. THE MANAGING DIRECTOR, APTDC LTD., VIJAYAWADA. 5. THE ZONAL MANAGERZM, NORTH ZONE, APG BC, VISAKHAPATNAM. 6. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FINANCE PLANNING SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR 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 topleased to issue an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the Part -I payments of pending amounts of Rs. 3,98,48,766 /- (Three Crore Ninety Eight Lakhs, Forty Eight Thousand, Seven Hundred and Sixty six Rupees only) even after finalizing the Part bills payable to the petitioner in relation to the works i.e I, Providing land Scape (Soft scape Hard scape ) works to the Luxury resorts at Ruskikonda (10AC) At Visakhpatnam,A.P. Agreement no. 108/APUG-15021/5/TECH-SEC-/2023- 24,Date03.10.2023 2023 as bad ,illegal, arbitrary, improper, unjust and against the Article 21 of constitution of india and consequently direct the respondents to pay the amounts of Rs. 3,98,48,766 /- (Three Crore Ninety Eight Lakhs, Forty Eight Thousand, Seven Hundred and Sixty six Rupees only) with interest 24percent per annum for the delayed amount till date of realization for the works executed by the petitioner 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 direct the respondents to releasing the amounts Rs. 3,98,48,766 /- (Three Crore Ninety Eight Lakhs, Forty Eight Thousand, Seven Hundred and Sixty six Rupees only) payable to him, pending disposal of the write petition and pass Counsel for the Petitioner: 1. DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP 2. GP FOR FINANCE PLANNING The Court made the following: THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 23148 of 2025 ORDER: 1. Heard learned counsel for the petitioner and learned Assistant Government Pleader appearing for respondents. 2. Learned counsel for the petitioner submits that the petitioner was entrusted the work of beautification and providing landscape at Rushikonda. 4th respondent has also given administrative sanction for the said work. Petitioner was awarded the said work in the open bid and the petitioner completed the work as desired by the 4th respondent. Learned counsel for petitioner submits that an agreement was entered with the 4th respondent and the 4th respondent has also endorsed the completion of work and the bills were also finalized by the respondents. The payment was also approved by the respondent authorities. However, bills were not released. The bills of the petitioner were approved and the respondents have passed the bill of Rs.3,64,80,422/-. However, the payments are not released in spite of approval of the payment by the respondent authorities. 3. Learned Assistant Government Pleader appearing for respondents submits that 3rd respondent has addressed a communication dated 23.05.2025 to the Andhra Pradesh Tourism Development Corporation seeking release of funds for payment of bills to the petitioner and the above said communication dated 23.05.2025 is placed before this Court. In the written instructions, it is submitted that the bills were uploaded in the CFMS portal but could not be released for want of funds. 4. Considering the submissions, it is not in dispute that the petitioner has executed the work as entrusted. It is also not in dispute that the bills were also duly approved for release of payment by the respondent authorities. The issue of release of payments by the Andhra Pradesh Tourism Development Corporation, or the 4th respondent, or, the 6th respondent is an internal issue which the respondents would have to resolve themselves. On these considerations, there is no justification to withhold the bills due payable to the petitioner. 5. In these circumstances, there shall be a direction to respondents to verify and release the bills as submitted by the petitioner within a period of ten (10) weeks from the date of receipt of a copy of this order. 6. With the above direction, this writ petition is disposed of. No costs. As a sequel, miscellaneous applications, pending, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date15.09.2025 Dvs HONOURABLE SRI JUSTICE HARINATH.N 27 WRIT PETITION NO: 23148 of 2025 Date: 15.09.2025 Dvs