APHC010550582024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 28731 OF 2024 Between: M/s. Sree Sambasiva Constructions, Rep. by its Managing partner T. Gruheswara Rao, S/o. late Marlingam, Aged 66 years, R/o. Flat No.MIG-23, Marripalem, UDA Layout, Visakhapatnam. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat, Amaravathi, Guntur District. 2. The Director of Municipal Administration, Guntur, Guntur District. 3. The District Collector, Visakhapatnam. 4. The Grater Visakhapatnam Municipal Corporation, Rep. by its Commissioner, Visakhapatnam. 5. The Chief Engineer, Grater Visakhapatnam Municipal Corporation, Visakhapatnam. 6. The Executive Engineer VIII, Grater Visakhapatnam Municipal Corporation, Visakhapatnam. 7. The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance and Planning Department, Secretariat, 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 or any other appropriate writ or direction declaring the action of the Respondents in withholding the undisputed bill amounts payable to the petitioner in respect of work i.e Construction of Community Hall at Purushothapuram 21086498, Ward Secretariat in 94‘^ Ward vide Agreement No.41/2023- 24/EE-VIII/DB, dt.25.07.2023, even after finalizing the bills as illegal arbitrary and contrary to the Principles of natural justice and consequently direct the respondents to pay undisputed bill amount of Rs. 16,96,641/-, payable to the petitioner in respect of execution of afore mentioned work vide Agreement No.41/2023- 24/EE- Vlll/DB, dt.25.07.2023 along with interest @ 18% p.a. from the date of recording of bills forthwith. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to pay undisputed bill amount of Rs. 16,96,641/-, payable to the petitioner in respect of work done i.e.. Construction of Community Hall at PurushothapLiram 21086498, Ward Secretariat in 94th Ward, vide Agreement No.41/2023-24/EE- Vlll/DB, dt.25.07.2023 pending disposal of the Writ Petition. Counsel for the Petitioner: SRI C. SUBODH Counsel for the Respondent Nos.1 to 3 : GP FOR MUNCIPAL ADMN AND URBAN DEVELOPMENT Counsel for the Respondent Nos.4 to 6 : SRI A. S. C. BOSE, SC FOR MUNICIPAL CORPORATIONS Counsel for the Respondent No.7 : GP FOR FINANCE AND PLANNING The Court at the stage of admission made the following order: APHC010550582024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] MONDAY,THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 28731/2024 Between: 1.SREE SAMBASIVA CONSTRUCTIONS, REP. BY ITS MANAGING PARTNER T. GRUHESWARA RAO, S/0, LATE MARLINGAM, AGED 66 YEARS, R/0. FLAT NO.MIG-23, MARRIPALEM, UDA LAYOUT, VISAKHAPATNAM. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT. DIRECTOR OF MUNICIPAL ADMINISTRATION, GUNTUR, GUNTUR DISTRICT. 3.THE DISTRICT COLLECTOR, VISAKHAPATNAM. 4.THE GRATER VISAKHAPATNAM CORPORATION, REP. BY ITS ' VISAKHAPATNAM. AND 2.THE I MUNICIPAL COMMISSIONER, GRATER VISAKHAPATNAM MUNICIPAL CORPORATION, VISAKHAPATNAM. 5.THE CHIEF ENGINEER, 2 6. THE EXECUTIVE VISAKHAPATNAM VISAKHAPATNAM. ENGINEER MUNICIPAL VIII, GRATER CORPORATION. 7.THE STATE OF ANDHRA PRADESH, PRINCIPAL SECRETARY. REP. BY ITS FINANCE AND PLANNING DEPARTMENT, SECRETARIAT, AMARAVATHI DISTRICT GUNTUR ...RESPONDENT(S): Counsel for the Petitioner: 1.CSUBODH Counsel for the Respondent(S): 1.A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) 2.GP MUNCIPAL ADMN AND URBAN DEVAP The Court made the following; THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY * WRIT PETITION N0.28731 of 2n?4 ORDER: 1. The present Writ Petition is filed questioning the action of the Respondent authorities in not releasing the amount of Rs.16,96,641/- due to the Petitioner even after finalizing the bills in relation to work vide Agreement No.41/2023-24/EE-VIII/DB, dated 25.07.2023, as illegal and arbitrary. n 2. At the time of hearing, learned Standing Counsel for the Respondent-Corporation passed on the written instructions signed by the Executive engineer-VIII Greater Visakhapatnam Municipal Corporation, dated 30.06.2025, wherein the execution of work by the Petitioner and payment due to him were not disputed and it was stated in the instructions that Respondent No.6 has already taken steps to release the payments to the Petitioner, but payments due to the Petitioner were not adjusted in CFMS due to financial priorities and it will be adjusted in seriatim. 3. As there is no dispute regarding the execution of work and the amount due to the Petitioner, the Writ Petition is disposed of, at the stage of admission, with the consent of both sides counsel, with the following direction; 2 A (i) The Respondent authorities are directed to pay the amount due to the Petitioner within a period of four (4) months from today; (ii) No order as to costs. 4. As a sequel, pending applications, if any, shall stand closed. Sd/- A. VENU GOPAL RAO ASSISTANT REGISTRAR //TRUE COPY/> // ^ SECTION OFFICER To, 1. The Principal Secretary, Municipal Administration Department, State of Andhra Pradesh, District. 2. The Director of Municipal Administration, 3. The District Collector, Visakhapatnam. 4. The Commissioner, Visakhapatnam. 5. The Chief Engineer, Visakhapatnam. 6. The Executive Engineer VIII, Grater Visakhapatnam Visakhapatnam. 7. The Principal Secretary Andhra Pradesh, Secretariat, Amaravathi, 8. One CC to Sri C. Subodh, Advocate [OPUC] One CC to Sri A. S. C. Bose, (SC for Municipal Corporations) [OPUC] tO.Two CCS to GP for Municipal Admn and Urban Development, High Court Of A.P. [OPUC] 11 .Two CCS to GP for Finance & Planning. High Court 12. Two CD Copies Cnr 3nd Urban Development Amaravathi, Guntur Secretariat, Guntur, Guntur District. Grater Visakhapatnam Municipal Corporation Grater Visakhapatnam Municipal Corporation, Municipal Corporation Finance and Planning Department, State of Guntur District. of A.P. [OPUC] HIGH COURT DATED:30/06/2025 \ ORDER WP NO. 28731 OF 2024 C? ; 5( 10SEP20?5 ' ^sXjjrrent S«ctioQ.>* n*' • Co DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS