I 3 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATi/ (Special Original Jurisdiction) THURSDAY, THE TWENTIETH DAY OF FEBRUARY^ TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 23216 OF 2024 Between: Vellore Ramesh Reddy, S/o. Venkatapathy Reddy, Aged 60 Years, Occ: Contractor, R/o. 22-6-119/2B/1 A, Akkarampalli, Revenue Ward No.22, VTC Tirupati (urban), Tirupati Post, Tirupati District (erstwhile Chittoor). ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Muni\5f^l Administration and Urban Development Department, Secretariat, Velagapudi, Amaravathi. 2. The State of Andhra^radesh, Rep. by its Principal Secretary, Department of Finance and Planning Secretariat, Velagapudi, Amaravathi. 3. The Commissioner and Director of Municipal Administration! Guntur, A.P. Guntur District. 4. Tirupati Municipal Corporation, Its rep.by The Commissioner, Tirupati, Tirupati District. 5. The Superintending Engineer, Tirupati Muni^al Corporation, Tirupati, Tirupati District. 6. The Municipal EnginW-ll, Tirupati Municipal Corporation, Tirupati, Tirupati District. 7. The Deputy Executive Engineer, Tirupati Municipal Corporation, Tirupati Tirupati District. ...RESPONDENTS r Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue an appropriate writ or order or a direction more particularly one in the nature of writ of Mandamus declaring the action of the respo^ents in not releasing the admitted 1st and Part bill amount of Rs.37,66,000/- even after finalized the bill payable to the petitioner after successful execution of work for Construction of CC Drain Gollav^igunta Internal Crosses in Ward No.2 vide its Agreement No.361/23-24, dated 09.02.2024 in Tirupati Municipal Corporation, Tirupati, under Municipal Corporation, Tirupati, Development Funds, which is illegal, arbitrary and violative of Articles 14, 21 and 300-A of the Constitution of India and also violative of principles of natural justice and (consequently direct the respondents to release the bill amount for Rs.37,66,000/- due to the petitioner in respect of execution of work forthwith interest of 18%. may at lA NO: 1 OF 2024 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased respondents to release the admitted & Part bill oK^oo/ amount of Rs.37 - due to the petitioner for “Construction of CC Drain at Gollavanigunta Internal Crosses in Ward No.2” vide its Agreement No.361/2^ 24, dated 09.02.2024 in Tirupati Municipal Corporation, Tirupati, immediately, pending disposal of the main writ petitiony^ Counsel for the Petitioner: SRI BATTULA SANJAIAH GANDHI ^ Counsel for the Respondent Nos. 1, 3, 5, 6 & 7 : GP FOR MUNCIPAL ADMN & URBAN Counsel for the Respondent No.2: GP FOR FINANCE & PLANNING f-. Counsel for the Respondent No.4: SRI POTHAM VENGALA REDDY (SC FOR MUNICIPAL CORPORATION IN RAYALASEEMA REGION) The Court made the following: ORDER 1 APHC010451042024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY ,THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 23216/2024 [3333] Between: Vellore Ramesh Reddy ...PETITIONER AND The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.BATTULA SANJAIAH GANDHI Counsel for the Respondent(S): 1. POTHAM VENGALA REDDY SC For M.Corporation in Rayalaseema region In 2.GP FOR MUNCIPAL ADMN URBAN DEV 3.J DILEEP KUMAR 4.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 an appropriate writ or order or a direction more particularly one in the nature of writ of MANDAMUS declaring the action of the respondents in not releasing the admitted 1^* & Part bill amount of Rs.37,66,000/- even after finalized the bill payable to the petitioner after successful execution of work for “Construction of CC Drain at Gollavanigunta Internal Crosses in Ward No.2” vide its Agreement No.361/23-24 dated 09.02.2024 in Tirupati Municipal Corporation, Tirupati, under Municipal Corporation, Tirupati, Development Funds, which Is illegal, arbitrary and violative of Articles 14, 21 and 300-A of the Constitution of India and also violative of principles of natural justice and consequently direct the respondents to release the bill amount for Rs.37,66,000/- due to the petitioner in respect of execution of work forthwith interest of 18% and to pass such other order or orders... ” Heard learned counsel for the petitioner, learned Government Pleader 2. for Finance and Planning and learned Standing Counsel for Municipal Corporation. 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 of money is clearly arbitrary and high-handed and thereby requires interference by this Court. 4. Learned Standing Counsel for Municipal Corporation-4‘^ respondent has furnished a copy of instructions, wherein it is stated that pending bill amount of Rs.37,66,000/- will be paid to the petitioner after releasing the budget from the Government M.A. & U.D. Vaddeswaram and the Commissioner and Director of Municipal Administration, A.P. Vaddeswaram. 5. In view of the same, since the amount claimed by the petitioner i admitted amount, this Court feels it appropriate to dispose of the writ petition directing the respondents to release amount of Rs.37,66,000/- (Rupees Thirty Seven Lakhs Sixty Six Thousand only) to the petitioner, within a period of four (4) months, from the date of receipt of a copy of this order. IS an 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. 1 Sd/- M.PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// fr % SECTION OFFICER To 1. The Principal Secretary, Municipal Administration and Urban Development Department, Secretariat, Velagapudi, Amaravathi. 2. The Principal Secretary, Department of Finant5^ Secretariat, Velagapudi, Amarava;thi. 3. The Commissioner and Director of Municipal Administration A.P. Guntur District. Corporation. Tirupati.'^^irupati 5. The Superintending Engineer, Tirupati Mui^pal Corporation Tirupati District. and Planning , Guntur, Tirupati 6. The Municipal Engineer-ll/Tirupati Municipal Corporation Tirupati District. Tirupati 7. The Deputy Executive Engineer, Tirupti Municipal Corporation, Tirupati Tirupati District. 8. One CC to Sri Battula Sanjaiah Gandhi Advocate [OPUC] 9. Two CCs to GP for Muncipal Admn Urban Dev, High Court of Andhra Pradesh. [OUT] 10. Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh. [OUT] 11. One CC to Sri Potham Venagala Reddy, SC for Municipal Corporation in Rayalaseema Region, Advocate [OPUC] 12. One CC to Sri J Dileep Kumar, Advocate [OPUC]'-^ 13. Three CD Copies V'' TF HIGH COURT DATED:20/02/2025 ORDER X 2 0 MAR 2025 <5,^ Current section WP.No.23216 Of 2024 ov DISPOSING OF THE W.P., WITHOUT COSTS