1 APHC010551592024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY ,THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 28880/2024 Between: Myhaz Construction ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S): 1. Sireesha Rani Vallabhaneni,Standing Counsel For Municipalities 2. GP FOR FINANCE PLANNING 3. GP MUNCIPAL ADMN AND URBAN DEV AP 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 a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in non-payment of amount of Rs.6,40,637/- (Rupees Six Lakhs Forty Thousand Six Hundred Thirty Seven Only) due from last one year even after finalizing the bills payable to the petitioner after the successful completion of the execution of work i.e., I.Atmakur Municiplaity Providing CC Drain from Pallavolu Janardhan House to Gurunadhan Kotamma House at erukulasani Nagar in 20th Ward in Atmakur Munciplaity- MAUD-1151-26693; vide Agreement No.107/ 2023-24 dated 23.12.2023; II. Atmakur Municiplaity Providing CC Drain from Garikapati Prakash House to Main Hill Road at Christian Peta in 20th Ward in Atmakur Munciplaity MAUD-1151-23690; vide Agreement No 104/ 2023-24 dated 23.12.2023; III. Atmakur Municiplaity Providing CC Drain from Nandavarapu Marthamma House to Main Road at erukulasani Nagar in 20th Ward in Atmakur Munciplaity- MAUD- 1151-23692; vide Agreement No 106/2023-24 dated 23.12.2023; IV. Atmakur Municiplaity Providing CC Drain from Kavati Venkateswariu House to Naguluri Ravanamma House at erukulasani Nagar in 20th Ward in Atmakur Munciplaity- MAUD- 1151-23691; vide Agreement No.105/ 2023-24 dated 23.12.2023; V. Atmakur Municiplaity Providing CC Drain from Shaik Rizwan House to Mepma Office, Sachivalayam in Atmakur Munciplaity MAUD-1151-17186; vide Agreement No.40/ 2023-24 dated 05.04. 2023” duly approved by the respondents, as illegal, arbitrary, unjust, unreasonable and violative of fundamental rights guaranteed to the Petitioner under Articles 14 and 21 of the Constitution of India and consequently direct the respondents to consider the payment of amounts of Rs.6,40,637/- (Rupees Six Lakhs Forty Thousand Six Hundred Thirty Seven Only) due to the 3 petitioner in respect of execution of said work executed by the Petitioner…” 2. Heard learned counsel for the petitioner and learned Standing Counsel for Municipality. 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 requires interference by this Court. 4. Today, when the matter came up for hearing, learned Standing Counsel for Municipality, has furnished a copy of instructions, wherein it is stated that the amount payable to the petitioner is admitted bills. It is also stated that due to lack of budged/funds in the GGMP (Gadapa Gadapaku Mana Prabhutvam) Head of Account (HOA), they are unable to process the bills in CFMS portal. However, as soon as adjustment of funds to GGMP Head Account (HOA) 8443001061129268001VN of Atmakur Municipality, the bills will be processed in CFMS Portal, so as to pay the bills to contractor. 5. In view of the above instructions, since the bills claimed by the petitioner is an admitted bills, this Court feels it appropriate to dispose of the writ petition directing the respondents to release amount of Rs.6,40,637/- (Rupees Six Lakhs Forty Thousand Six Hundred and Thirty Seven only) to the petitioner 4 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. __________________ JUSTICE V.SUJATHA Date: 05.02.2025 JLV