\ APHC010506912024 N THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ^ y TUESDAY, THE NINTH DAY OF SEPTEMBE TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 2641? OF 9no/| ■J s r ;o m ■'Dt '7 X Between: M/s KBC Infrastructures Private Road, 5th Line Limited, D.No. 4-5-49/42, Kalyani Chandramoulinagar, Guntur, Guntur District Managing Director Kanneganti Butchaiah ^ Rep.by its ...Petitioner AND 1. The State of Andhra Pradesh, Administration and Urban rep. by its Principal Secretary, Municipal Development Department, Buildings, Velagapudi Village, Guntur District. ^ 2. The State of Andhra Pradesh Secretariat '■®P- Py 'ts Principal Secretary, Finance and Pianning Department, Secretariat Buildings, Veiagapudi Viilage Guntur District. ’ 3. Ponnur Municipality, Ponnur, Guntur 4. The Deputy Executive Engineer, District. District rep. by its Commissioner. Ponnur Municipality, Ponnur, Guntur ...Respondents Petition under Articie 226 of the Constitution of India praying that in the ZTse^r''-^^ therewith, the High Court may be PI ased to ,ssue a Writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 1 to 4 in not paying the finals bill to the petitioner in respect of the Agt.No.171/ 2017- 18, dated 27-02-2018, Agt.No.172/ 2017-18, dated 27-02-2018, Agt.No.30/ 2018-19, dated 12-06-2018 and Agt.No.85/ 2018-19, dated 09-10-2018 in relation to the works 1) for Construction of C.C.Roads and C.C Drains from ‘ 1st to 18th wards in Ponnur Municipality, 2) for Construction of C.C.Roads and C.C Drains from 20th to 31st wards in Ponnur Municipality, 3) for Providing C.C.Roads and C.C Drains and water supply pipe line under Schedule Caste Sub Plan -2016-17 in Ponnur Municipality and 4) for providing C.C.Roads and C.C Drains to Entire Town in Ponnur Municipality, even after approval of the Bills payable to the petitioner by the respondents 1 to 3 is arbitrary, illegal and in violation of Articles 14 and 19 (1) (g) of the Constitution of India and consequently direct the respondents 1 to 3 to pay the Bills dated 05-04-2024 of an amount of Rs. 8,68,165/-, Rs. 12,52,869/-, Rs. 1,15,24,014/ and Rs.23,53,073/- respectively along with interest 12percent to the petitioner. 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 to direct the respondents 1 and 2 to release the payment of undisputed amount of Rs.1,59,98,121/- to the respondent No.3 in order to pay the amount to the petitioner, pending disposal of the writ petition. Counsel for the Petitioner: SRI PRABHU NATH VASIREDDY Counsel for the Respondent No. 1: GP MUNCIPAL ADMN AND URBAN DEV A Counsel for the Respondent No. 2: GP FOR FINANCE PLANNING Counsel for the Respondent Nos. 3 and 4: M/S SIREESHA RANI VALLABHANENI SC FOR MUNICIPALITIES The Court made the following order: APHC010506912024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 26412/2024 Between: 1.KBC INFRASTRUCTURES PRIVATE LIMITED, D.NO. 4-5-49/42, KALYANI ROAD, 5TH LINE, CHANDRAMOULINAGAR,GUNTUR, GUNTUR DISTRICT REP.BY ITS MANAGING DIRECTOR KANNEGANTI BUTCHAIAH ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPEMNT SECRETARIAT BUILDINGS, VELAGAPUDI DEPATMENT, VILLAGE,GUNTUR DISTRICT. 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL FINANCE AND PLANNING DEPARTMENT, BUILDINGS, VELAGAPUDI VILLAGE,GUNTUR SECRETARY, SECRETARIAT DISTRICT. 3.PONNUR MUNICIPALITY, PONNUR, GUNTUR DISTRICT REP.BY ITS COMMISSIONER. 4.THE DEPUTY EXECUTIVE ENGINEER, PONNUR MUNICIPALITY, PONNUR, 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 a Writ or order or direction more particularly one in 2 the nature of Writ of Mandamus declaring the action of the respondents 1 to 4 in not paying the finals bill to the petitioner in respect of the Agt No 171/ 2017 27-02-2018, Agt.No.172/ 2017-18, dated 27- 02-2018 Agt No 30/ 2018-19, dated 09-10 2018 in relation to the works 1) for Construction of C C Roads 1st to 18th wards in 3rid C.C Drains from onH o n • 4 Ponnur Municipality, 2) for Construction of C.C.Roads and C.C Drams from 20th to 31st wards in Ponnur Municipality, 3) for Providing C.C.Roads and C.C Drains and water supply pipe line under Schedule Caste Sub Plan -2016-17 in Ponnur Municipalir providing C.C.Roads and C.C Drains to Entire Town i and 4) for even after approval of the Bills payable to the petitioner by°th™'rerponS''l to 3 IS arbitrary, illegal and in violation of Articles 14 and 19 (1) (g) of the ,hrR l r. °11".'"'" direct the respondents 1 to 3 to pZ toe Bills dated 05-04-2024 of an amount of Rs. 8,68,165/- Rs 12 52 869/ Rs. 1,15,24,014/ and Rs.23,53,073/- respectively along with ' interesi in 12percent to the petitioner and pass lA NO: 1 OF ?n?4i in iJTr TnZ circumstances stated m the affidavit filed in support of the petition, the High Court may be pleased Pleased to direct ote respondents 1 and 2 to 'release tlpayment of the r 1 rr"‘ 'd® ^-pcndem No.3 in order ot pay the amount to the petitioner, pending disposal of the writ petition and pass Counsel for the Petitioner: 1.PRABHU NATH VASIREDDY Counsel for the Respondent(S): I.Sireesha Rani Vallabhaneni,Standing Counsel For Municipalities 2. GP MUNCIPAL ADMN AND URBAN DEV AP 3.GP FOR FINANCE PLANNING The Court made the following: 3 Order:- Learned counsel for the petitioner submits that the petitioner has the 4 works entrusted by the respondents vide (i) Agreement No. 171/2017-18 dated 27.02.2018, (ii) Agreement No. executed 172/2017-18 dated 27.02.2018, (iii) Agreement No. 30/2018-19 dated 12.06.2018, and (iv) Agreement No.85/2018- 19 dated 09.10.2018, and has submitted the final bills. It is submitted that the competent authority has recorded the progress of the works and certified same in the M-Book. It is further submitted that a total amount of Rs.8,68,165/-, Rs. 12,52,869/-, Rs.1,15,24,014/- and Rs.23,53,073/- is due and payable by the respondents to the petitioner. Though the progress of the works has the been recorded in the M-Book, no payment has been forthcoming. Heard the learned counsel for the 2. petitioner, the learned Assistant Government Pleader for Municipal Administration and Urban Development; the learned Assistant Government Pleader for Finance & Planning, and the learned Sta.nding Counsel for the respondent Municipality. 3. Considering the submissions, the respondents are hereby directed to verify and release the payments due payable to the petitioner as expeditiously as possible preferably within a period of three (03) weeks from the date of receipt of a copy of this order. Accordingly, the Writ Petition is disposed off. No costs. Pending miscellaneous petitions, if any, shall stand closed. 4. 5. Sd/- K KASIRAO ACHARI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Development Department, State Velagapudi Village, Guntur District. 2. The Principal Secretary, Finance and Planning Department. Andhra Pradesh, Secretariat Buildings, Velagapudi District. Municipal Administration of AP, and Urban Secretariat Buildings, State of Village, Guntur 3. The Commissioner, Ponnur Municipality, Ponnur, Guntur District. 4. The Deputy Executive Engineer, Ponnur Municipality, Ponnur, Guntur District. 5. One CC to Sri. Prabhu Nath Vasireddy Advocate [OPUC] 6. One CC to M/s Sireesha Rani Vallabhaneni, Standing Counsel For Municipalities [OPUC] 7. Two CCs to GP for Finance Planning, High Court of Andhra Pradesh [OUT] 8. Two CCs to GP for Municipal Admin and Urban Development, High Court of Andhra Pradesh [OUT] 9. Two CD Copies GSC ''■'yf HIGH COURT DATED:09/09/2025 ORDER WP NO. 26412 OF 2024 I 11 SEP 2025 a Current Section . DISPOSING THE WP WITHOUT COSTS