APHC010489162024 IN THE HIGH COURT OF ANDHRA PRADE AT AMARAVATI (Special Original Jurisdiction) | WEDNESDAY, THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No: 25207 OF 2024 Between: Adabala Appa Rao, S/o. Thatharao, Aged about 58 years, Occ: Civil Contractor, R/o. D.No.20/238, Bethavolu, Gudivada, Krishna District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Public Health & Municipal Engineering Department, A.P. Secretariat Building, Velagapudi, Amaravathi. 2. The Superintending Engineer, PH Quality Control Circle, Compound, Guntur, Guntur District. 3. The District Public Health Engineering Officer, O/o. The District Public Health Engineering Office, Machilipatnam, Krishna District. 4. The Project Director, Andhra Pradesh State Housing Corporation Ltd (APSHCL) Machilipatnam, Krishna District. 5. The Deputy Executive Engineer, Public Health Sub Division, Gudivada, Krishna District. 6. The Executive Engineer, Public Health Division, Satyanarayanapuram, Vijayawada, NTR District Erstwhile Krishna District. Court ...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 a WRIT OF MANDAMUS or any other appropriate Wirt, Direction or Order questioning the action of the respondent in not paying pending admitted bills of total amount Rs.68,67,543/- to the petitioner for the works 1) Providing Temporary Water Supply arrangements for construction activity for layout Mallaiahpalem in Gudivada Municipality Package-I, 2) Providing Temporary Water Supply arrangements for construction activity for layout Mallaiahpalem in Gudivada Municipality Package-ll, 3) Providing Temporary Water Supply arrangements for construction activity for layout Mallaiahpalem in Gudivada Municipality Package-Ill and 4) Providing Temporary Water Supply arrangements for construction activity for layout Mallaiahpalem in Gudivada Municipality Package-IV, in favor of the petitioner even though completed the entire work within stipulated time is illegal and arbitrary and violative of Articles 14. 16 and 21 of Constitution of India. lA 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 may be pleased to direct the respondents to pay the admitted bills total amount of Rs.68,67,543/- pertaining to the tender works in favor of the petitioner, pending disposal of Writ Petition. Counsel for the Petitioner: SRI K.NAVEEN KUMAR Counsel for the Respondent Nos.1 to 6: GP FOR PUBLIC HEALTH AND MUNICIPAL ENGINEERING DEPARTMENT The Court made the following order: APHC010489162024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY,THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 25207/2024 Between: 1 .ADABALA APPA RAO,, S/0. THATHARAO, AGED ABOUT 58 YEARS, OCC. CIVIL CONTRACTOR, D.NO.20/238, BETHAVOLU, DISTRICT. R/0. GUDIVADA, KRISHNA ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC HEALTH AND PRINCIPAL SECRETARY, MUNICIPAL ENGINEERING DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI. A.P. 2.THE SUPERINTENDING ENGINEER, PH QUALITY CONTROL CIRCLE, COURT COMPOUND, GUNTUR, GUNTUR DISTRICT. 3.THE DISTRICT PUBLIC HEALTH ENGINEERING OFFICER, 0/0. THE DISTRICT PUBLIC HEALTH ENGINEERING OFFICE, MACHILIPATNAM, KRISHNA DISTRICT. 4.THE PROJECT DIRECTOR, ANDHRA PRADESH STATE (APSHCL) HOUSING CORPORATION LTD N 2 MACHILIPATNAM, KRISHNA DISTRICT. 5.THE DEPUTY EXECUTIVE ENGINEER, PUBLIC HEALTH SUB DIVISION, GUDIVADA, KRISHNA DISTRICT. 6.THE EXECUTIVE ENGINEER, PUBLIC HEALTH DIVISION, VIJAYAWADA, SATYANARAYAN AP U RAM, DISTRICT ERSTWHILE KRISHNA DISTRICT. NTR ...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 to issue a writ, order or direction more particularly one in the nature of a Writ of Mandamus or any other appropriate Writ, Direction or Order questioning the action of the 3rd respondent in not paying pending admitted bills of total amount Rs.68,67,543/- to the petitioner for the works 1) Providing Temporary Water Supply arrangements for construction activity for layout Mallaiahpalem in Gudivada Municipality Package-I, 2) Providing construction activity for layout Mallaiahpalem in Gudivada Municipality Package-ll, 3) Providing Temporary Water Supply arrangements for construction activity for layout Mallaiahpalem in Gudivada Municipality Package-Ill and 4) Providing Temporary Water Supply arrangements for construction activity for layout Mallaiahpalem in Gudivada Municipality Package-IV, in favor of the petitioner even though completed the entire work within stipulated time is illegal and arbitrary and violative of articles 14, 16 and 21 of constitution of India and pass Temporary Water Supply arrangements for lA 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 may be pleased to direct the respondents to pay the admitted bills total amount of Rs.68,67,543/- pertaining to the tender works in favor of the petitioner, pending disposal of Writ Petition, and to pass 13^ ■ 3 Counsel for the Petitioner; 1.KNAVEEN KUMAR Counsel for the Respondent(S): 1.GP FOR PUBLIC HEALTH AND MUNCIPAL ENGINEERING DEPARTMENT 2.GP FOR MUNCIPAL ADMN URBAN DEV 3.. The Court made the following: r THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.25207 of 2024 O R DE R: This writ petition is filed declaring the action of the 3rd Respondent in not paying admitted bill for a total amount of Rs.68,67,543/- to the Petitioner for the works done in relation to the works awarded vide Agreement dated 03.06.2021 as arbitrary and illegal. 2. Learned counsel for the Petitioner submitted that the Petitioner had completed the works within the stipulated time and submitted the M-Book to the 3rd respondent for approval. After verification of the same, the 3rd respondent issued proceedings dated 21.05.2024 to the 4th respondent to release the fund of Rs.68,67,543/-. The copy of the same is filed before the Court. It is also submitted that the works belong to 2021 and even after a lapse of five years, the amount is not paid. 3. Today when the matter is posted under the caption ‘for being mention’, to ascertain whether there are any instructions or not, learned Additional Government Pleader Smt.K.Shahin submits that the letter dated 21.05.2024 is to be treated as written 2 instructions and there is no dispute about the works executed and the amount payable to the Petitioner. Considering the submissions made by the Additional Government Pleader, the Writ petition is disposed of with the following directions: 5. (i) The Respondent-authorities are directed to pay the amount of Rs.68,67,543/- due to the Petitioner within a period of four (4) months from today. (ii) There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// ^SEC^N OFFICER To, 1. The Principal Secretary, Public Health & Municipal Engineering Department, State of Andhra Pradesh, Secretariat Building, Velagapudi, Amaravathi. 2. The Superintending Engineer, PH Quality Control Circle Compound, Guntur, Guntur District. 3. The District Public Health Engineering Officer, O/o. The District Public Health Engineering Office, Machilipatnam, Krishna District. 4. The Project Director, Andhra Pradesh State Housing Corporation Ltd (APSHCL) Machilipatnam, Krishna District. Court The Deputy Executive Engineer, Public Health Sub Division, Gudivada, Krishna District. The Executive Engineer, Public Health Division, Satyanarayanapuram, Vijayawada, NTR District Erstwhile Krishna District. One CC to Sri K. Naveen Kumar, Advocate [OPUC] Two CCs to GP for Public Health & Municipal Engineering Department, High Court of Andhra Pradesh [OUT] Two CD Copies. 5. 6. 7. 8. 9. gi HIGH COURT DATED:02/07/2025 ORDER WP No. 25207 OF 2024 I« JUL 2025 ji; i^^^^fTMtSectiooxv Co DISPOSING OF THE WRIT PETITION WITHOUT COSTS