APHC010453522024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) / >a: MONDAY,THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 23942 OF 2024 Between: M.R.D. Prasada Rao, S/o Venkata Chalapathi Rao, Aged about 70 years, Occ Contractor, R/o Flat No. 503, Vasista Enclave, Kanuru, Krishna District - 520007 ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and Urban Development dept. Secretariat Buildings, Velagapudi, Guntur District. 2. The Commissioner and Director of Municipal Administration, Vaddeswaram, Mangalagiri bypass, Guntur District 3. The Machilipatnam Municipal Corporation, Represented by its Commissioner, Machilipatnam, Krishna District 4. The Municipal Engineer, Machilipatnam Municipal Corporation, Machilipatnam, Krishna District 5. The State of Andhra Pradesh, Rep. by its Principal Secretary, Secretariat Buildings, Department of Finance and Planning, Velagapudi, Amaravathi, Guntur 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 OF MANDAMUS declaring the action of the Respondents herein, in withholding the payment of 1®* and final bills of Rs. 8,79,311/- and Rs. 4,50,163/- even after finalizing the bills payable to the petitioner in relation to the works i.e., ^Construction of Pumpsets Shed and Supply and Fixing of Panal Board to 3 X 75 HP Pumpsets at Head Water Works in Machilipatnam Municipal Corporation and 2) Replacement of UP 150/38 pump set and motor with SEP 125-440 HA pump sets in 3.50 MOD Clear Water pump house at Head Water Works in Machilipatnam Municipal Corporation vide Agreement No.297/MGF/2020-21, dt. 23.09.2020 respectively, is questioned, as the same is illegal and arbitrary and consequently direct the respondents to consider for payment of 1®* and final bills of Rs. 8,79,311/- and Rs. 4,50,163/- with an interest @2% per annum for the delayed amount to the ^titioner in respect of execution of above- mentioned work., forthwith. ^ \A NO: 1 OF 2024 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 the respondents to consider for payment of 1^‘ & final bills of Rs. 8,79,311/- and Rs. 4,50,163/- with regard to the completion of works i.e., l)“Construction of Pumpsets Shed and Supply and Fixing of Panal Board to 3 X 75 HP Pumpsets at Head Water Works in Machilipatnam Municipal Corporation and 2) Replacement of UP 150/38 pump set and motor with SEP 125-440 HA pump sets in 3.50 MOD Clear Water pump house at Head Water Works in Machilipatnam Municipal Corporation vide Agreement NO.297/MGF/2020-21, dt. 23.09.2020” with an interest @24% per annum for the delayed amount to the petitioner, pending disposal of the Writ Petition . '■X.. Counsel for the Petitioner: SRI SURESH KUMAR REDDY KALAVA Counsel for the Respondent Nos.1 & 2:GP MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent Nos.3 & 4:SRI A.S.C.BOSE, SC FOR MUNICIPAL CORPORATIONS Counsel for the Respondent No.5:GP FOR FINANCE AND PLANNING The Court made the following order: APHC010453522024 IN THE HIGH COURT OF ANDHRA PRADESH ’ AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 23942/2024 r Between; D PRASADA RAO, M.R.D PRASADA RAO S/0 VENKATA 1.M R CHALAPATHI RAO, AGED ABOUT 70 YEARS, OCC CONTRACTOR, R/0 FLAT NO. 503, VASISTA ENCLAVE, KANURU, KRISHNA DISTRICT -520007 ...PETITIONER AND PRINCIPAL SECRETARY MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPT. SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. DIRECTOR OF MUNICIPAL VADDESWARAM, MANGALAGIRI BYPASS, 1.THE STATE OF AP, REP. BY ITS 2.THE COMMISSIONER AND ADMINISTRATION, GUNTUR DISTRICT 3.THE MACHILIPATNAM MUNICIPAL CORPORATION, REPRESENTED BY ITS COMMISSIONER, MACHILIPATNAM, KR'SHNA DISTRICT MACHILIPATNAM MUNICIPAL CORPORATION, MACHILIPATNAM, KRISHNA DISTRICT 5.THE SECRETARY, DEPARTMENT SECRETARIAT BUILPINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. ^ 4.THE MUNICIPAL ENGINEER, STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL OF FINANCE AND PLANNING, ...RESPONDENT(S); J 2 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 a WRIT OF MANDAMUS declaring the action the Respondents herein, in withholding the payment of 1st and final bills of Rs. 8,79,311/- and Rs. 4,50,163/- even after finalizing the bills payable to the petitioner in relation to the works i.e., l)Construction of Pumpsets Shed and Supply and Fixing of Panal Board to 3 X 75 HP Pumpsets at Head Water Works in Machilipatnam Municipal Corporation and 2) Replacement of 150/38 pump set and motor with SEP 125-440 HA pump sets in 3.50 MOD Clear Water pump house at Head Water Works in Machilipatnam Municipal Corporation vide Agreement No.297/MGF/2020- respectively, is questioned of UP 21, dt. 23.09.2020 as the same is illegal and arbitrary and consequently direct the respondents to consider for payment of 1st and final bills of Rs. 8,79,311/- and Rs. 4,50,163/- with an interest @24 percen per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work., forthwith and pass lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support bf the petition, the High Court may be pleased to DIRECT the respondents to consider for payment of Pt 85 final Rs.8,79,311/- and Rs.4,50,163/- with regard to the completion of works i.e. I) Construction of Pumpsets Shed and Supply and Fixing of Panal Board 3 X 75 HP Pumpsets at Head Water Works in Machilipatnam Municipal Corporation and 2) Replacement of UP 150/38 pump set and motor with SEP 125-440 HA pump sets in 3.50 MGD Clear Water pump house at Head Water Works bills of to 7 in Machilipatnam Municipal Corporation vide Agreement NO.297/MGF/2020-21, dt. 23.09.2020" with an interest@24% per annum for the delayed amount to the petitioner, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1.SURESH KUMAR REDDY KALAVA Counsel for the Respondent(S): 1.J DILEEP KUMAR 2.GP MUNCIPAL ADMN AND URBAN DEV AP 3.GP FOR FINANCE PLANNING The Court made the following: 3 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 23942/2024 ORDER: Heard the learned counsel for the petitioner, "the learned Assistant Government Pleader for'Finance and the learned Standing Counsel for the respondent-corporation. 2. Learned counsel for the petitioner submits that the petitioner h^s completed the works under Agreement No.297/MGF/2020-21, dt.23.09.2020 entrusted by the respondent-corporation, and has submitted the final bills. 3. It is submitted that the amount which is due and payable by the respondent-corporation to the petitioner on account of the completion of the aforesaid works. However, the said amount has not been paid. 4. Considering the submissions, there shall be. a direction to the respondents to verify and release the payments as expeditiously as possible preferably within a period of six weeks from the date of receipt of a copy of this order. r 5. Accordingly, this Writ Petition is disposed off. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any, shall stand closed. / Sd/- K. KASI RAO ACHARI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Municipal Administration and Urban Development dept.. State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Guntur District. 2. The Commissioner and Director of Municipal Administration, Vaddeswaram, Mangalagiri bypass, Guntur District 3. The Commissioner, Machilipatnam Municipal Corporation, Machiiipatnam, Krishna District 4. The Municipal Engineer, Machilipatnam Municipal Corporation, Machilipatnam, Krishna District 5. The Principal Secretary, Department of Finance and Planning, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 6. One CC to Sri Suresh Kumar Reddy Kalava, Advocate [OPUC] 7. One CC to Sri A.S.C. Bose, SC for Municipal Corporations [OPUC] 8. Two CCs to GP for Municipal Administration and Urban Development High Court of Andhra Pradesh. [OUT] 9. Two CCs to GP for Finance and Planning, High Court of Andhra Pradesh [OUT] 10. Two CD Copies. ssb HIGH COURT DATED:28/07/2025 ORDER WP No. 23942 OF 2024 DISPOSING OF THE W.P. WITHOUT COSTS