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: 718 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. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Municipal Administration Department, Secretariat, Velagapudi, Amaravathi, ThulJur 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. 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 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. 11,36,808/- even after finalizing the bills, payable to the petitioner in relation to the work i.e., to Laying of CC Road from D.No. 15/300/298 to D.No.15/383/2 in E.W.No.34 in Adoni Municipality of Agreement.No.230/2023-24, dated 30.01.2024 vide M.Book No. 175/2023-24 for Adoni Municipality Under GGMP Funds (4th call) 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. 11,36,808/- with interest for the pending 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.11,36,808/- 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 Respondents No.1,5: GP FOR MUNCIPAL ADMN URBAN DEVELOPMENT Counsel for the Respondent No.2: GP FOR FINANCE AND PLANNING Counsel for the Respondents No.3,4: M/s V SIREESHA RANI (SC FOR MUNICIPALITY) The Court made the following: ORDER 1 APHC010011382025 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: 718/2025 Between: ...PETITIONER N.Rajendra Prasad AND ...RESPONDENT(S) The State of Andhra Pradesh and others Counsel for the Petitioner: 1. KOMMA VIJAYA RAJ KUMAR Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV 2.A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) 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 Rs. 11,36,808/- even after finalizing the bills, payable to the petitioner in relation to the work i.e.. Laying of CO Road from D. No. 15/300/298 to D. No. 15/383/2 in E.W.No.34 in Adoni Municipality” of Agreement.No.230/ 2023-24, dated 30.01.2024 vide M.Book No. 175/2023-24 for Adoni Municipality Under GGMP Funds (4 call) 2023-24, as illegal, arbitrary and violative of Art 14 and 21 of the Constitution of India and consequently direct the respondent authorities to release the pending amounts of Rs.11,36,808/- with interest for the pending bills forthwith for the above said work executed by the petitioner ” th 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 Adoni Municipality. 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. 4. At the time of hearing, the learned Standing Counsel for respondent No.3 produced a copy of instructions of the Commissioner, Adoni f Municipality/respondent No.3, wherein it is stated that the Municipality has / I process to upload the work bill in CFMS Portal, in Head of Account No.8443001061129268001VN, which is exclusively meant to GGMP works but from March, 2024 onwards this head of account is showing Zero balance for the GGMP works. Due to lack of funds in the head of account this ULB could not able to pay the same to the Contractor. The Government has given instruction vide Memo No.2573873/GGMP/Plg-VII-4 dated 09.01.2025 for furnishing the details of the work wise status, works sanctioned prior to 01.04.2024 under GGMP Programme for payments and the same may be submitted through the District Collector & Magistrate, Kurnool to the Government of Andhra Pradesh. 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 an amount of Rs.11,36,808/- (Rupees Eleven lakhs thirty six thousand, eight hundred and eight only) to the petitioner within a period of three (3) months from the date of receipt of a copy of this order. 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 //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, State of Andhra Pradesh, Municipal Administration Department, Secretariat, Velagapudi, Amaravathi, Thullur Mandal, Guntur District. ■r 2. The Principal Secretary, State of Andhra Pradesh, Finance Department, Secretariat, Velagapudi Amaravathi, Thullur Mandal, Guntur District. 3. The Commissioner, Aoni 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 FOR MUNCIPAL ADMN URBAN DEVELOPMENT, High Court of Andhra Pradesh. [OUT] 8. Two CCs to GP FOR FINANCE AND PLANNING, High Court of Andhra Pradesh. [OUT] 9. One CC to M/s. V SIREESHA RANI, Advocate (SC FOR MUNICIPALITY)[OPUC] 10. Three C.D.Copies nm HIGH COURT DATED:06/02/2025 ORDER WP.No.718 of 2025 l\ X 1 2 MAR 2025 €oi ^ . Curreni aection PATC^^ DISPOSING OF THE WP WITHOUT COSTS