% IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY. THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE I PRESENT ' THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 28080 OF 2024 Between: Sri. K. Sai Kumar, S/o.Veenkata Ramanaiah, Aged 45 years, Venkatagiri Thirupathi District. ...PETITIONER(S) AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Department of Municipal, Administration and Urban Development, Secretariat Building, Velagapudi, Amaravathi, Guntur. 2. The District Collector, Thirupathi District. 3. Venkatagiri Municipality, Rep. by The Commissioner, Thirupathi District. 4. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Finance and Planning, Secretariat Buildings, 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 an appropriate Writ Order or direction more particularly in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the payments of pending amounts of Rs. 16,79,410/- (Sixteen Lakhs, Seventy Nine Thousand, Four Hundred And Ten Rupees only) even after finalizing the bills payable to the petitioner in relation to the works i.e. “I. Laying of CC Road from geethas GYM Towards kivalya river in 17**^ ward in Venkatagiri Municipality,Agreementno.21/23-24 Dated 29.09.2023,11. Laying of CC Road from Chenji Venkataramaiah one f V th House to Pulukollu Chranjivi house in Mulasali street in 24 Venkatagiri ward of Municipality 30.09.2023,III.Constrction of CC Drain from Anganwadi School to Lalagari Agreement.no.36/23-24 Dated; Thota and construction of CC Drain from Mavilla main house to Kaivalya ward Venatagiri municipality, IV.Upgradation of CC Roads th river in 17 (M30) from K R Raju House, (door.no.12-16)to Chelikam Mahureddy Apartment in mallamma temple in 12 th ward Venkatagiri Muicipality Vide Agreement No.49/2023-24, Dated: 13/10/2023,V.Construction of CC Drains from back side of Venkateswara swamy temple to Sudhakar house in 17'*^ ward venkatagiri Municipality,vide Agreement no.27/2023-24,Dated: 29.09.2023 as bad, illegal, arbitrary, improper, unjust and against the Article 21 of constitution of india and consequently direct the respondents to pay the amounts of Rs. 16,79,410/- (Sixteen Lakhs, Seventy Nine Thousand, Four Hundred And Ten Rupees only) with interest @ 24% per annum for the delayed amount till date of realization for the works executed by 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 to forthwith consider releasing the amounts payable to the petitioner herein, pending disposal of the writ petition. Counsel for the Petitioner :SRI. DEVASRI ROSHAN KANCHARLA Counsel for the Respondent No.1: GP FOR MUNCIPAL ADMN AND DEV Counsel for the Respondent No’s. 2 & 4: GP FOR FINANCE & PLANNING Counsel for the Respondent No.3: M/s V. SIREESHA RANI, SC FOR MUNICIPALITIES URBAN The Court made the following ORDER: 1 APHC010537342024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] FRIDAY ,THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 28080/2024 Between: Sri. K.sai Kumar, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.DEVASRI ROSHAN KANCHARLA 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: 2 % <■ ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “....to issue an appropriate Writ, Order or direction more particuiarly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the payments of pending amounts of Rs. 16,79,410/- (Sixteen Lakhs, Seventy Nine Thousand, Four Hundred And Ten Rupees only) even after finalizing the bills payable to the petitioner in relation to the works i.e., I. Laying of CC Road from geethas GYM Towards kivalya river in 17'" ward in Venkatagiri Municipality Agreement No. 21/23- 24 Dated 29.09.2023, II. Laying of CC Road from Chenji Venkataramaiah House to Pulukollu Chranjivi house in Mulasali street in 24‘^ ward of Venkatagiri Municipality Agreement No. 36/23 24 Dated 30.09.2023, III. Construction of CC Drain from Anganwadi School to Lalagari Thota and construction of CC Drain from Mavilla main house to Kaivalya river in 17^'’ ward Venatagiri municipality, IV. Upgradation of CC Roads (M30) from K R Raju House (door no. 12-16) to Chelikam Mahureddy Apartment in mallamma temple in 12 th ward Venkatagiri Muicipality Vide Agreement No.49/2023-24 Dated 13/10/2023, V.Construction of CC Drains from back side of Venkateswara swamy temple to Sudhakar house in l/^ ward venkatagiri Municipality, vide Agreement no.27/2023-24 Dated 29.09.2023” as bad, illegal, arbitrary, improper, unjust and against the Article 21 of constitution of India and consequently direct the respondents to pay the amounts of Rs.16,79,410/- (Sixteen Lakhs Seventy Nine Thousand Four Hundred And Ten Rupees only) with interest @ 24 % per annum for the delayed amount till date of realization for the works executed by the petitioner... ” 2. Heard learned counsel for the petitioner and learned counsel appearing for the respondents. 3 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 interference by this Court. requires 4. Today, when the matter came up for hearing, learned Standing Counsel for Municipality, on instructions, submitted that the amounts payable to the petitioner are admitted bills. However, due to lack of funds, the bill amounts have not been uploaded in the CFMS portal. 5. In view of the above instructions, since the bills claimed by the petitioner is an admitted amount, this Court feels it appropriate to dispose of the writ petition directing the respondents to release amount of Rs.16,79,410/- (Rupees Sixteen Lakhs Seventy Nine Thousand Four Hundred and Ten only) to the petitioner within a period of three (3) months from the date of receipt of a copy of this order. 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. Sd/- n/l SRINIVAS ASSISTANT REGI^RAR sectI^^officer //TRUE COPY// To, A. The ?mc\pa\ Secretary, Department of Municipal, Administration and Urban Development, State of Andhra Pradesh, Secretariat Building, Velagapudi, Amaravathi, Guntur. f 2. The District Collector, Thirupathi District. 3. The Commissioner, Venkatagiri Municipality, Thirupathi District. 4. The Principal Secretary, Department of Finance and Planning, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District 5. One CC to SRI. DEVASRI ROSHAN KANCHARLA, Advocate [OPUC] 6. One CC to M/s V. SIREESHA RANI, SC FOR MUNICIPALITIES [OPUC] 7. Two CCs to GP FOR MUNCIPAL ADMN AND URBAN DEV, High Court Of Andhra Pradesh. [OUT] 8. Two CCs to GP FOR FINANCE & PLANNING, High Court Of Andhra Pradesh. [OUT] 9. Three CD Copies PRK HIGH COURT DATED;07/02/2025 ORDER WP.No.28080 of 2024 0 7 MAR 2125 X M ^ . Current Section ^ DISPOSING OF THE W.P. WITHOUT COSTS