APHC010569942025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE THIRD DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 29817/2025 Between: 1. PERUGU VASU, S/O VENKATESWARLU, AGED ABOUT 37 YEARS, OCC- CONTRACTOR, H.NO. 8-98, NEAR WATER TANK, SANTHANUTHALAPADU, PRAKASAM DISTRICT, A.P.- 523225. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT 3. THE MUNICIPAL CORPORATION, REP BY ITS MUNICIPAL COMMISSIONER ONGOLE, PRAKASAM DISTRICT. 4. THE MUNICIPAL EXECUTIVE ENGINEER, ONGOLE, PRAKASAM DISTRICT. 5. THE MUNICIPAL DEPUTY EXECUTIVE ENGINEER, ONGOLE, PRAKASAM DISTRICT. 6. THE MUNICIPAL ASSISTANT EXECUTIVE ENGINEER, ONGOLE, PRAKASAM DISTRICT. 2 7. THE PAY AND ACCOUNTS OFFICER WORKS AND ACCOUNTS, PRAKASAM DISTRICT. ...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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the admitted bill amounts for the work executed by the petitioner viz., for Construction of Engaging of Shovel 0.85 cum (110 HP) Machine for lifting of garbage at Dumping Yard in Guthikondavari palem (April, 2025 to June, 2025) in Ongole Municipal Corporation, Agreement No. 49/2025-2026, dated 03.05.2025 for an amount of Rs. 8,80,697/- (Eight Lakh, Eighty Thousand, Six Hundred Ninety-Seven Rupees) as illegal, arbitrary and violative of Article 14 and 21 of the Constitution of India and consequently direct the respondents to forthwith consider the case of the petitioner for making payment of the amount of Rs.43,29,210/- (Forty- Three Lakh Twenty-Nine Thousand Two Hundred Ten Rupees) with interest @12percentage per annum for the delayed payment to the petitioner in respect of execution of the above-mentioned work forthwith in terms of Agreements for Construction of Engaging of Shovel 0.85 cum (110 HP) Machine for lifting of garbage at Dumping Yard in Guthikondavari palem (April, 2025 to June, 2025) in Ongole Municipal Corporation IA NO: 1 OF 2025 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 Pleased to direct the respondents to forthwith consider for payment of Rs. 8,80,697/- (Eight Lakh, Eighty Thousand, Six Hundred Ninety-Seven Rupees) with interest @12percentage per annum for the delayed amount to the petitioner in respect of execution of above- mentioned works forthwith in terms of Agreement for Construction of Engaging of Shovel 0.85 cum (110 HP) Machine for lifting of garbage at Dumping Yard in Guthikondavari palem (April, 2025 to June, 2025) in Ongole Municipal Corporation, Agreement No. 49/2025-2026, dated 03.05.2025 for an amount of Rs. 8,80,697/- (Eight Lakh, Eighty Thousand, Six Hundred Ninety-Seven Rupees) and pass. 3 Counsel for the Petitioner: 1. G.SAI LOCHAN Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP 2. GP FOR FINANCE PLANNING The Court made the following: 4 ORDER:- The learned counsel for the petitioner submits that the petitioner has awarded the work for “construction of engaging of shovel 0.85 cum (110 HP) machine for lifting of garbage at dumping yard in Guthikondavaripalem (April, 2025 to June, 2025) in Ongole Municipal Corporation, vide Agreement No.49/2025-2026, dated 03.05.2025.” 2. The learned counsel further submits that the petitioner duly executed the work and thereafter submitted final bills for an amount of Rs.8,80,697/-. It is submitted that the said final bills were duly endorsed by the competent authority. A statement detailing the work executed by the petitioner was prepared and the progress of the work was recorded in the M-book. However, in spite of the completion of all procedural formalities, the payment towards the completed work has not been released till date. 3. Heard the submissions of the learned counsel for the petitioner, the learned Government Pleader for Municipal Administration & Urban Development, the learned Standing Counsel for the Corporation and the learned Assistant Government Pleader for Finance and Planning. 4. During the course of hearing, the learned Standing Counsel appearing for the Corporation does not dispute the submissions made by the petitioner with respect to the completion of work undertaken. 5 5. Considering the submissions, the concerned respondents are hereby directed to verify and release the payments due payable to the petitioner as expeditiously as possible preferably within a period of six (06) weeks from the date of receipt of a copy of this order. 6. Accordingly, this writ petition is disposed off. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ____________________ JUSTICE HARINATH.N Dt: 03.11.2025 SR