APHC010554702024 SXtS IN THE HIGH COURT OF ANDHRA PRADE 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: 28960 OF 9n0yi Between: Kesanakurthi Venkateswara Rao, years,Occ.Contractor R/o 57-9-27 TillapudiVari, Temple,Jagannadapuram, Kakinada. S/oVeerabhadraRao, aged about 63 lane,Durga Kakinada Dist ...Petitioner AND 1 The State of Andhra Pradesh, Rep by Its Principal Secretary Municipal Adm,n,Stratton and Urban Development Department, Secretariat Buildings Velagapudi, Amaravathi. 2. The Commissioner and Director, Municipal Administration Development Department Government of Andhra District. and Urban Pradesh, Vijayawada NTR 3. The District Collector, Kakinada 4. The Municipal Corporation, Town, Kakinada District. 5. The Superintendent Engineer, Municipal District. 6. The Executive Engineer, District 7. The State of Andhra Pradesh, Rep by its Principal Secretary, Finance Planning Department Secretariat Buildings, Velagapudi, Amaravathi District, Kakinada. Kakinada Rep by its Commissioner, Kakinada Corporation, Kakinada, Kakinada Municipal Corporation, Kakinada Kakinada and ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith pleased to issue a Writ, Order the High Court may be 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 interest to the petitioner even though total works amounts worth of Rs.33,90,571/- with were executed and 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.33,90,571/-with interest to the petitioner forthwith. completed as illegal, arbitrary and violation lA NO: 1 OF Petition under Section 151 CPC in the affidavit filed in support of the writ petition, the High Court pleased to direct the respondents to release praying that in the circumstances stated may be and pay the bill amounts worth of Rs.33,90,571/- with interest to the petitioner forthwith, pending disposal of the above writ petition. Counsel for the Petitioner: M/s. Counsel for the Respondents No.1 to 3;GP FOR MUNCIPAL ADMN URBAN DEV Counsel for the Respondents No.4 to 6: vzm kkd Municipal Corporations) Counsel for the Respondent No.7:GP FOR SAMEERA BOKKA SRI M Krishna Rao (SC for ski FINANCE AND PLANNING The Court made the following order: KIW ■7 'I s APHC010554702024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 28960/2024 Between: 1.KESANAKURTHI VENKATESWARA RAO, S/OVEERABHADRARAO, R/0 57-9-27 LANE,DURQA TEMPLE,JAGANNADAPURAM, KAKINADA. KAKINADA DIST AGED ABOUT 63 YEARS,OCC.CONTRACTOR TILLAPUDIVARI ...PETITIONER AND 1.THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, AMARAVATHI. SECRETARIAT BUILDINGS, VELAGAPUDl, 2.THE COMMISSIONER AND DIRECTOR, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT GOVERNMENT OF ANDHRA PRADESH, VIJAYAWADA DISTRICT. NTR 3.THE DISTRICT COLLECTOR, KAKINADA DISTRICT, KAKINADA. 4.THE MUNICIPAL CORPORATION, KAKINADA REP BY ITS COMMISSIONER, KAKINADA TOWN, KAKINADA DISTRICT. 5.THE SUPERINTENDENT ENGINEER, MUNICIPAL CORPORATION, KAKINADA, KAKINADA DISTR 6.THE EXECUTIVE ENGINEE.R, MUNICIPAL CORPORATION, KAKINADA, KAKINADA DISTRICT U I . 2 7.THE STATE OF ANDHRA PR^ADESH. REP BY ITS PRINCIPAL SECRETARY, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI FINANCE AN B . PLANNING DEPARTMENT ...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 topleased 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.33,90,571/- 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.33,90,571/-with petitioner forthwith, and pass interest to the 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 p,eased to direct the respondents to release and pay the bill amounts worth of Rs.33,90,571/- with interest to the petitioner forthwith, the above writ petition and to pass pending disposal of Counsel for the Petitioner: 1.SAMEERA BOKKA Counsel for the Respondent(S): 1.M Krishna Rao SC for ski vzm kkd Municipal Corporations 2.GP FOR MUNCIPAL ADMN URBAN DEV 3.GP FOR FINANCE PLANNING 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. 2. Learned counsel for the petitioner submits that the petitioner has completed the work as per Agreement No.231/EE2/2022-23 dated 27.09.2022 entrusted by the respondent-corporation, and has submitted the final bills. 3. It is submitted that a total amount of Rs. 33,90,571/- 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. 4. It is stated in the counter filed by the respondent No.4 that the bills could not be paid on account of finahcial 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 also submitted that the bills due and payable to the petitioner are admitted. 5. 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 of this order. 6. Accordingly, this Writ Petition is disposed off. There shall be no order as to costs. a copy As a sequel, miscellaneous petitions pending, if an^,^hali stand closed. Sd/- P VINOD KUMAR ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, State of Andhra Pradesh and Urban Development Department. Amaravathi. 2. The Commissioner and Director, Development Department Government District. 3. The District Collector, Kakinada District 4. The Commissioner, Munioipai Corporation. Kakinada Kakinada Town Kakinada District. 5. The Superintendent Engineer, Municipal Corporation District. 6. The Executive Engineer, Municipal District 7. The Pnncipai Secretary, State of Andhra Pradesh, Finance and Department Secretariat Buildings, Velagapudi, Amaravathi 8. One CC to M/s. SAMEERA BOKKA 9. One CC to Corporations) Advocate [OPUC] 10. Two CCs to GP FOR MUNCIPAL Andhra Pradesh [OUT] 11. Two CCs to GP FOR FINANCE Pradesh [OUT] 12. Two CD Copies Municipal Administration Secretariat Buildings, Velagapudi, Municipal Administration and Urban of Andhra Pradesh, Vijayawada NTR Kakinada. Kakinada, Kakinada Corporation, Kakinada, Kakinada Planning Advocate [OPUC] SRI. M KRISHNA RAO, (SC for ski vzm kkd Municipal ADMN URBAN DEV, High Court of AND PLANNING High Court of Andhra nm HIGH COURT DATED: 02/09/2025 ORDER WP NO. 28960 OF 2024 f l7SEP20a w •Si^ Current Section ^ DISPOSING OF THE WP WITHOUT COSTS