1 APHC010534572025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY,THE TENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 27749/2025 Between: 1. SK JAMSHEED, S/O. DADA SAHEB AGE 49 YEARS, OCC CONTRACTOR R/O. 28-9-1376, LAKSHMI STREET, VENKATESWARAPURAM NELLORE, NELLORE DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPALITIES AND URBAN DEVELOPMENT DEPARTMENT, A.P. SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, NELLORE DISTRICT AT NELLORE 4. THE ASSISTANT PAY AND ACCOUNTS OFFICER, -11 WORKS ACCOUNTS, NELLORE, NELLORE DISTRICT. 5. THE NELLORE MUNICIPAL CORPORATION, NELLORE, NELLORE DISTRICT. REP BY ITS COMMISSIONE 6. THE EXECUTIVE ENGINEER, NELLORE MUNICIPAL CORPORATION NELLORE, NELLORE 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 tobe pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of MANDAMUS declaring the action of the respondents in not releasing payment for the bills to the petitioner for the works executed by him namely i) Upgradation of CC Road from D. No. 22-2-10 to 22-2-65 at Kummari Street in Division No. 43 under agreement No. 07.12.2023 for an amount of Rs. 13,38,874/-, ii) Upgradation of CC Road from 22-3-75 to 21-1-1 at Dadivari Street in Division No. 43 under agreement No. 2 262/JTO/GGMP/2023-24, Dated. 07.12.2023 for an amount of Rs. 14,68,877/- and iii) Upgradation of CC Road from D. No. 22-2-213 to 22-3-94 at Dycus Road in Division No. 43 under agreement No. 265/JTO/GGMP/2023-24 Dated. 07.12.2023 for an amount of Rs. 18,11,303/- , (total amount of Rs. 46,19,054/-) as illegal, arbitrary, malafidy, high-handed, and contrary to the procedure established by law apart from being voilative of Articles 14 and 19 (1) (g) of the Constitution of India and consequentially direct the respondents to release thepayment of above bill along with interest forthwith in the interest of justice and pass IA 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 pleased to direct the respondents to pay the bill of the petitioner for the works executed by him namely i) Upgradation of CC Road from D. No. 22- 2-10 to 22-2-65 at Kummari Street in Division No. 43 under agreement No. 264/JTO/GGMP/2023-24, Dated. 07.12.2023 for an amount of Rs. 13,38,874/-, ii) Upgradation of CC Road from 22-3-75 to 21-1-1 at Dadivari Street in Division No. 43 under agreement No. 262/JTO/GGMP/2023-24, Dated. 07.12.2023 for an amount of Rs. 14,68,877/- and iii) Upgradation of CC Road from D. No. 22-2-213 to 22-3-94 at Dycus Road in Division No. 43 under agreement No. 265/JTO/GGMP/2023-24 Dated. 07.12.2023 for an amount of Rs. 18,11,303/-, (total amount of Rs. 46,19,054/-), pending disposal of the Writ Petition and to pass Counsel for the Petitioner: 1. KAMBHAMPATI RAMESH BABU Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP 2. GP FOR FINANCE PLANNING 3 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 27749 of 2025 ORDER: 1. The petitioner is aggrieved by the action of the respondents in not releasing payment for the bills to the petitioner for the works executed by him namely i) Upgradation of CC Road from D. No. 22-2-10 to 22-2-65 at Kummari Street in Division No. 43 under agreement No. 07.12.2023 for an amount of Rs. 13,38,874/-, ii) Upgradation of CC Road from 22-3- 75 to 21-1-1 at Dadivari Street in Division No. 43 under agreement No. 262/JTO/GGMP/2023-24, Dated. 07.12.2023 for an amount of Rs. 14,68,877/- and iii) Upgradation of CC Road from D. No. 22-2-213 to 22- 3-94 at Dycus Road in Division No. 43 under agreement No. 265/JTO/GGMP/2023-24 Dated. 07.12.2023 for an amount of Rs. 18,11,303/-, (total amount of Rs. 46,19,054/-). 2. The learned counsel further submits that the petitioner duly executed all the works and thereafter submitted final bills. It is submitted that the final bills were duly endorsed by the competent authority. A statement detailing the works executed by the petitioner was prepared, progress of the work was recorded in the M-book and the final quality certificates were also issued in confirmation of due completion. However, in spite of the completion of all procedural formalities, the payment towards the completed works has not been released till date. 3. Heard the submissions of the learned counsel for the petitioner, the learned Government Pleader for Municipal Administration & Urban 4 Development, the learned Standing Counsel for the Corporation and the learned Assistant Government Pleader for Finance and Planning. 4. During the course of hearing, the learned Standing Counsel appearing for the Corporation does not dispute the submissions made by the petitioner with respect to the completion of the work undertaken. 5. Considering the submissions, respondents are hereby directed to verify and release the payments due payable to the petitioner as expeditiously as possible preferably within a period of eight (08) weeks from the date of receipt of a copy of this order. 6. Accordingly, the writ petition is disposed of. No costs. Pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date:10.10.2025 NKA 5 88 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 27749 of 2025 Date: 10.10.2025 NKA