'fs S A •A APHC010567162024 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: 29870 OF 2024 Between; MANJULA GOPAL, S/o. M. Sanjeevarayudu, aged about 62 years, resident of Door No.4/804, Mahatma Nagar, Road No.2, Yerraguntia -516309, YSR Kadapa District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Municipal Administration, Secretariat Buildings, Velagapudi, Amaravathi, Guntur Distict. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Finance and Planning, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. . 3. Yerranguntia Muncipality, Yerranguntia Muncipality, Rep by Commissioners YSR Kadapa District. 4. The Municipal Engineer, Nagar Panchayat, Yerraguntia, YSR Kadapa District. 5. The Municipal Assistant Engineer, Nagar Panchayat, Yerraguntia, YSR Kadapa 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 order, or a direction, or a writ, more particularly one in the nature of Writ of Mandamus declaring the action of the respondents not releasing the amount of Rs.6,77,382/- vide M Books Nos 03/2017-18, 01/2017-18, 07 and 13/2017-18, 57/2017-18, 14 and15/2017-18, 49/2017-18 even after finalizing the bills, payable to the petitioner and Withheld EMD, FSD deposits in relation to the works i.e.. Construction of CC Drains vide Agreement Nos. and dates shown in the above table are questioned, as the same is illegal, arbitrary and consequently direct the bills amount of Rs.6,77,382/-, respondents to pay total EMD 2.5 percent is Rs.87,143/- and FSD 2.5percent is Rs.48,906/- vide M Book Nos 03/2017-18, 01/2017-18, 07 and 49/2017-18 with interest @24 percent per annum for the delayed amount to the petitioner i execution of above mentioned works forthwith. 13/2017-18, 57/2017-18, 14 and 15/2017-18 in respect of lA NO: 1 OF 9n9d Petition under Section 151 CPC in the affidavit filed in support of the direct the respondents to | 2.5% is Rs.87,143/-and FSD 2.5% 18, 01/2017-18, 07 & 13/2017-18, with interest @24% per annum for the delayed amount to the petitioner i - respect of execution of above mentioned works i.e.. Construction of CC Drains vide Agreement Nos. and dates shown in the above table, forthwith, pending disposal of the Writ Petition. praying that in the circumstances stated petition, the High Court may be pleased to pay for payment of amount of Rs.6,77,382/-, EMD is Rs.48,906/-vide M Book Nos.: 03/2017- 57/2017-18, 14 & 15/2017-18, 49/2017-18 in w Counsel for the Petitioner: RENU CHAKRAVARTHY KANADAM Counsel for the Respondent No.1: GP MUNCIPAL ADMN AND DEV AP Counsel for the Respondent No.2: GP FOR FINANCE Counsel for the Respondent Nos.3 to 5: M/S SIREESHA RANI MUNICIPALITIES Counsel for the Respondents: Sri Gudapati Lakshminarayana SC For Municipalities in Rayalaseema Region The Court made the following order: URBAN PLANNING V, SC FOR APHC010567182024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] 0? MONDAY, THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 29870/2024 Between: 1.MANJULA GOPAL, S/0. M. SANJEEVARAYUDU, AGED ABOUT 62 YEARS, RESIDENT OF DOOR NO.4/804, MAHATMA NAGAR, ROAD NO.2, YERRAGUNTIA -516309, YSR KADAPA DISTRICT. ...PETITIONER AND 1 THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, ADMINISTRATION, OF MUNICIPAL DEPARTMENT SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTICT. OF ANDHRA PRADESH. REP. BY ITS DEPARTMENT OF FINANCE BUILDINGS, 2. THE STATE PRINCIPAL SECRETARY SECRETARIAT VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. AND PLANNING YERRANGUNTLA MUNCIPALITY, 3.YERRANGUNTLA MUNCIPALITY, REP BY COMMISSIONERS YSR KADAPA DISTRICT. NAGAR PANCHAYAT, 4.THE MUNICIPAL ENGINEER YERRAGUNTIA, YSR KADAPA DISTRICT. 2 5.THE MUNICIPAL ASSISTANT ENGINEER, NAGAR PANCHAYAT, YERRAGUNTIA, YSR KADAPA DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1.RENU CHAKRAVARTHY KANADAM Counsel for the Respondent(S): I.Gudapati Lakshminarayana SC For Municipalities in Rayalaseema Region 2.GP MUNCIPALADMN AND URBAN DEVAP 3.GP FOR FINANCE PLANNING The Court made the following: THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO.29870 of 2024 ORDER: The present Writ Petition is filed questioning the action of Respondent authority in not releasing the amount of Rs.6,77,382/- vide 1. M. Book Nos.03/2017-18, 01/2017-18, 07 & 13/2017-18, 57/2017-18 14 & 15/2017-18 and 49/2017-18, even after finalizing the bills payable to the Petitioner and withheld EMD, PSD deposits in relation to the works vide Agreement Nos.06/SCSP/2018-19, dated 04.02.2019 07/SCSP/2018-19, dated 04.02.2019, 16/2017-18, dated 29.11.2017, 17/2017-18, dated 29.11.2017, 15/2017-18, dated 06.12.2017 and 18/2017-18, dated 29.11.2017, as illegal and arbitrary. At the time of hearing, learned Standing Counsel for the 2. Respondent-Municipality passed on the written instructions, dated 28.06.2025, signed by the Commissioner, Yerraguntia Municipality, wherein the works executed by the Petitioner and the amounts due to him were not disputed. / 1 In the written instructions, it was stated that the works in question 3. were executed under the Scheduled Caste Sub-Plan (SCSP) head. a shortfall in SCSP allocations prevented payment from the regular Municipal budget and a formal requisition for additional SCSP funds 2 has been submitted to the State Government and these funds have been earmarked for immediate release once approved. It was further stated that a Resolution is passed by the Municipal Council vide C.R.No.486, dated 14.05.2025 authorizing payment of pending bills amounting to Rs.6,77,382/- and other dues from the Municipal General Fund/SCSP and the payment will be made at the earliest. 4. In that view, as there is no dispute with regard to execution of works by the Petitioner and the amounts due to him, the Writ Petition is disposed of, at the stage of admission, with the consent of both sides counsel, with the following directions, by placing the written instructions on record; (i) The Respondent authorities are directed to pay the amounts due to the Petitioner within a period of four (4) months from today; (ii) No order as to costs. 6. As a sequel, pending applications, if any, shall stand closed. Sd/- K. TATA RAO |^TY|IEG1STRAR SECTI^ OFFICER //TRUE COPY// To, The Principal Secretary, Department of Municipal Administration, Secretariat Buildings, Velagapudi, Amaravathi, Guntur Distict. The Principal Secretary, Department of Finance and Planning, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. . The Commissioner, Yerranguntia Muncipality, Yerranguntia Muncipality, YSR Kadapa District. The Municipal Engineer, Nagar Panchayat, Yerraguntia, YSR Kadapa District. The Municipal Assistant Engineer, Nagar Panchayat, Yerraguntia, YSR Kadapa District. One CC to Sri. Renu Chakravarthy Kanadam AdvocateJOPUC] 1. 2. 3. 4. 5. 6. 7. One CC to SRI. Gudapati Lakshminarayana SC l-or Municipalities in Rayalaseema Region Advocate [OPUC] SRI. GP MUNCIPAL ADMN AND URBAN DEV AP 8. One CC to Advocate [OPUC] 9. Two CCS to GP FOR FINANCE PLANNING High Court of Andhra Pradesh [OUT] 10. One CC to M/s Sireesha Rani V, SC for Municipalities, Advocate [OPUC]. 11. Two CD Copies. AL HIGH COURT DATED:30/06/2025 ORDER WP NO. 29870 OF 2024 ^ 1 8 JUL 2025 Ig "'■Sssmsi^^ DISPOSING OF THE W.P. WITHOUT COSTS