APHC010554682024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N / WRIT PETITION NO: 29008 OF 2024 Between: Kesanakurti Venkateswara Rao, S/o. Veera Bhadra Rao aged about 63 years, Occ: Contractor, R/o. 57-9-27 Tillapudi Vari lane Durga Temple, Jagannadapuram, Kakinada, Kakinada Dist. ...Petitioner AND 1. State of Andhra Pradesh, Rep by its Principal Secretary Municipal Administration and Urban Development Buildings, Velagapudi, Amaravati. 2. The Commissioner and Director, Municipal Administration and Urban Development Department Government of Andhra Pradesh, Vijayawada NTR District. Department, Secretariat 3. The District Collector, Kakinada District, Kakinada. 4. The Municipal Corporation, Kakinada Rep Commissioner,KakinadaTown, Kakinada District. 5. The Superintendent Engineer, Municipal Corporation, by its Kakinada, Kakinada District. 6. The Executive Engineer, Municipal Corporation Kakinada District. Kakinada 7. The State of Andhra Pradesh, Rep by its Principal Secretary Finance and Planning Department Secretariat Buildings Amaravathi. Velagapudi ...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, Order or direction more particularly one in the nature of Writ of Mandamus to declaring the action on the part of the respondents herein, not releasing and pay the bill amounts worth of Rs. 39,10,736/- with interest to the petitioner even though total completed as illegal, arbitrary and violation of Article 14, 16 and 21 of Constitution of India and Consequentially to direct the respondents to release and pay the bill amounts worth of Rs. 39,10,736/- with interest to the petitioner forthwith. works were executed and 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 release and pay the bill amounts worth of Rs. 39,10,736/- With interest to the petitioner forthwith, pending disposal of the above writ petition. Counsel for the Petitioner: Mrs. SAMEERA BOKKA Counsel for the Respondent Nos.1 to 3 : GP FOR MUNICIPAL ADMN URBAN DEVELOPMENT Counsel for the Respondent Nos.4 to 6 : SRI M. KRISHNA RAO, SC FOR MUNICIPALITY Counsel for the Respondent No.7 : GP FOR FINANCE AND PLANNING The Court made the following order: 'I APHC010554682024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE SECOND DAY OF SEPTEMBER TWO THOUSAMiPMND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 29008/2024 Between: 1.KESANAKURTI VENKATESWARA RAO, S/0 VEERA BHADRA RAO AGED ABOUT 63 YEARS, OCC CONTRACTOR ,R/0 57-9-27 TILLAPUDI VARI LANE.DURGA TEMPLE, JAGANNADAPURAM, KAKINADA, KAKINADA DIST. ...PETITIONER AND 1.STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL MUNICIPAL ADMINISTRATION AND URBAN DEPARTMENT, SECRETARIAT BUILDINGS, SECRETARY DEVELOPMENT VELAGAPUDI, AMARAVATI. 2.THE COMMISSIONER AND DIRECTOR, ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT GOVERNMENT OF ANDHRA PRADESH, VIJAYAWADA NTR DISTRICT. MUNICIPAL 3.THE DISTRICT COLLECTOR, K.AKINADA DISTRICT, KAKINADA. 4.THE MUNICIPAL CORPORATION, KAKINADA REP BY ITS COMMISSIONER,KAKINADAT0WN, KAKINADA DISTRICT. 5.THE SUPERINTENDENT ENGINEER, , MUNICIPAL CORPORATION KAKINADA, KAKINADA DISTRICT. 6.THE EXECUTIVE ENGINEER, MUNICIPAL CORPORATION KAKINADA, KAKINADA DISTRICT 2 ‘ ■' 7.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY FINANCE ■mo PLANNING DEPARTMENT SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. ...RESPONDENT(S): Petition under Article 226 of the CGnstitution of India praying that in the circumstances stated in the affidavit tnec therewith, the High Court may be pleased to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus to declaring the action on the part of the respondents herein, not releasing and pay the bill amounts worth of Rs. 39,10,736/- with interest to the petitioner even though total works were executed and completed as illegal, arbitrary and violation of Article 14, 16 and 21 of Constitution of India and Consequentially to direct the respondents to release and pay the bill amounts worth of Rs. 39,10,736/- with interest to the petitioner forthwith, and to pass such . 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 may be pleased to direct the respondents to release and worth of Rs. pay the bill amounts 39,10,736/- with interest to the petitioner forthwith disposal of the above writ petition and to pass such pending Counsel for the Petitioner: 1.SAMEERABOKKA Counsel for the Respondent(S): 1.M Krishna Rao SC for ski vzm kkd Municipal Corporations 2.GP FOR MUNCIPAL ADMN URBAN DEV The Court made the following: ^ * Order:- Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Finance and the learned Standing Counsel for the respondent-corporation. Learned counsel for the petitioner submits that the petitioner has completed the work as per Agreement No.31/SE/2022-23 dated 13.06.2022 entrusted by the respondent-Corporation, and has submitted the final bills. 2. It is submitted that a total amount of Rs. 39,10,736/- is due and payable by the respondent-Corporation to the petitioner on account of the completion of the aforesaid work. However, the said amount has not been paid. 3. 4. It is stated in the counter filed by the respondent No.4 that the bills could not be paid on account of financial constraints. It is further stated that the petitioner will be paid soon after the release of the budget to the 4''^ respondent-Corporation. It is afsOtsubmitted that the bills due and payable to the petitioner are admitted. Considering the submissions, there shall be a direction to the respondents to verify and release the payments as expeditiously as possible preferably within a period of six (06) weeks from the date of receipt of a copy of this order. 5. 6. Accordingly, this Writ Petition is disposed off. There shall be no order as to costs. / * % 4 As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- V.DIWAKAR DEPUTY REGISTRAR //TRUE COPY// /tiS^ SECTION OFFICER To, 1. The Principal Secretary, Municipal Administration Development Department, State of Andhra Buildings, Velagapudi, Amaravati. 2. The Commissioner and Director, Municipal Administration Development Department, Government District. 3. The District Collector, Kakinada District, Kakinada. 4. The Commissioner, Municipai Corporation, Kakinada, Kakinada Town Kakinada District. 5. The Superintending Engineer, Municipal Corporation, I Kakinada District. 6. The Executive Engineer, Municipal Corporation Kakinada, District 7. The Principal Secretary, Finance and Planning Department Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi. One CC to Mrs. Sameera Bokka, Advocate [OPUC] 9. One CC to Sri M. Krishna Rao, SC for Municipality [OPUC] 10. Two CCs to GP for Municipal Admn & Urban Court of Andhra Pradesh [OUT] 11. Two CCs to GP for Finance and Planning, High Court of Andhra Pradesh [OUT] 12. Two CD Copies and Urban Pradesh, Secretariat and Urban Vijayawada, NTR of A.P, Kakinada, Kakinada State of 8. Development, High Cnr V, ^ % HIGH COURT DATED:02/09/2025 ORDER WP NO. 29008 OF 2024 DISPOSING OF THE W.P. WITHOUT COSTS