IN THE HIGH COURT OF ANDHRA PRADESH.rAMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF APRIli^ TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 11498 OF 2024 A Between: C Proprietor Sri Raghava Reddy Vippala, S/o about 40 years, R/o D.No. 16-38, Near Chinna Masid, Tadikonda, Guntur District ^umrid ...Petitioner AND 1. TTie state of Andhra Pradesh,. Represented by its Principal Secretary Municipal Administration Department, A.P Secretariat Velagapudi, Guntur District. buildings 2. The State of Andhra Pradesh, Represented by its Principal Secretary Department of Finance , an,d Planning A.P Secretariat buildings’ Velagapudi, Guntur District; ^ ’ Represented by its Principal Secretary D^trtcl^^^ APSHCL A.P Secretariat buildings, Velagapudi, Guntur 4. The Spedal Secretary to the Government of Andhra Pradesh Finance Department, room No. 286, 1st Floor, Building Secretariat, Velagapudi, Amaravati - 522 238 ^''■^'^torate of Works and Accounts, Rep by its Director of Works Krishn^Distr^t^*^^ Floor, C ,Block, Anjaneya Towers, Ibrahimpatnam, u Director of Municipal Administration, Andhra Pradesh at Prime Hill Crest, Vaddeswaram, Tadepalli, Guntur District. Financial Management system (CFMS), CEO, Nidhi Bhavan, API 1C Park, Mangalagiri, Guntur DisVict 8. The Managing Director, APSHCL, Vijayawada, NTR District Sotur'^Disfrid''''*''*''^' *ts Commissioner, Guntur, (AP) No. 2, A.P. r% 10. The Superintendent Engineer, Guntur Municipal Corporation Guntur " Guntur District t' , mi, to government of AP APSHCL, Vijayawada, NTk District 12. Project Director, APSHCL Department, Guntur. (Cause Title is amended as per the Court Order dt.08.07.2024 vide orders passed in I.A. No. 02 of 2024) (RR 11 and 12 are impleaded as per the Court Order dt.08.07 2024 vide orders passed in I.A. No. 03 of 2024.) ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not paying the admitted due amount of Rs;8,42,S79/- (Eight Lakh Forty Two Thousand Eight Hundred Seventy Nine) to petitioner herein in relation to contract Work i.e Removing of Semi Jungle at North Block in Perecherla Jagananna Housing Colony Layout execuM efythe petitioner herein, under Agreement and Supplementary Agreement Bearing No 6921EE/GMC/GNT/2021-2022, Dt. 03-01-2023 and /EE/GMC/GNT/2021-2022, Dt. 03-01-2023 and /EE/GMC/GNT/2021-2022, Dt. nil-2023, despite lapse of more than one year, even after finalizing the bills, unconstitutional and consequently direct the respondents immediately pay the admitted due amount of Rs.8,42,879/- (Eight Lakh Forty Two Thousand Eight Hundred Seventy Nine) to the petitioner herein in relation to contract Work i.e Removing of Semi Jungle at North Block in Perecherla Jagananna Housing Qblony Layout executed for 9th respondent by the petitioner herein, under Agreement and Supplementary Agreement Bearing No 692/EE/GMC/GNT/2021-2022, /EE/GMC/GNT/2021-2022, Dt. nil-2023 may as illegal, arbitrary, herein to Dt. 03-01-2023 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 petition, the High Court may be pleased to direct the respondents herein to release the admitted due amount of Rs.8,42,879/- (Eight Lakh Forty Two Thousand Eight Hundred Seventy Nine) to the petitioner herein in relation to contract Work i.e Removing of Semi Jungle at North Block in Perecherla Jagananna Housing, Colony Layout" executed by the petitioner herein Agreement under and Supplementary 692/EE/GMC/GNT/2021-2022, Dt. 03-01-2023 and /EE/GMC/GNT/2021- Agreement □earing No 2022, Dt.nil-2023, within a stipulated time frame Counsel for the Petitioner: SRI KOBE RAMESH BABU Counsel for the Respondents NoJt, 6: GP FOR MUNCIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondents No.2, 4, 5, 7: GP FOR FINANCE AND PLANNING Counsel for the Respondent No.3: GP FOR APSHCL Counsel for the Respondent No.8: SRI KALYAN CHAKRAVARTHY Counsel for the Respondent No.9: SRI A S C BOSE Counsel for the Respondent No.10: SRI M MANOHAR REDDY The Court made the following: Order 1 APHC010222872024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY ,THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 11498/2024 Between; 1.M/S R.R ASSOCIATES, REP BY ITS PROPRIETOR SRI RAGHAVA REDDY VIPPALA, S/O CHINNA SAMBIRDEDDY, AGED ABOUT 40 YEARS, R/0 D.NO. 16-38, NEAR CHINNA MASID, TADIKONDA, GUNTUR DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS MUNICIPAL PRINCIPAL DEPARTMENT, A.P SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT SECRETARY, ADMINISTRATION 2. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING A.P SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT 3. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF APSHCL A.P SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 4. THE SPECIAL SECRETARY TO THE GOVERNMENT OF ANDHRA PRADESH AP, FINANCE DEPARTMENT. ROOM NO. 286, 1ST FLOOR, BUILDING NO. 2, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI - 522 238 5. THE DIRECTORATE OF WORKS AND ACCOUNTS, REP BY ITS 3RD FLOOR, C BLOCK, DIRECTOR OF WORKS AND ACCOUNTS ANJANEYA TOWERS, IBRAHIMPATNAM, KRISHNA DISTRICT. 6. THE COMMISSIONER AND DIRECTOR OF MUNICIPAL 2 ADMINISTRATION. ANDHRA PRADESH AT PRIME HILL CREST, VADDESWARAM, TADEPALLI, GUNTUR DISTRICT. 7. THE ANDHRA PRADESH COMPREHENSIVE FINANCIAL MANAGEMENT SYSTEM CFMS, , CEO, NIDHI BHAVAN, AP1IC PARK, MANGALAGIRI, GUNTUR DISTRICT 8. THE MANAGING DIRECTOR DISTRICT 9. THE GUNTUR MUNICIPAL CORPORATION, COMMISSIONER, GUNTUR , GUNTUR DISTRICT. APSHCL, VIJAYAWADA, NTR \ REP. BY ITS 10.THE SUPERINTENDENT ENGINEER, GUNTUR MUNICIPAL CORPORATION, GUNTUR, GUNTUR DISTRICT. CAUSE TITLE IS AMENDED AS PER THE COURT ORDER DT.08.07.2024 VIDE ORDERS PASSED IN I.A.NO. 02 OF 2024 11. SPECIAL CHIEF SECRETARY TO GOVERNMENT OF AP APSHCL VIJAYAWADA, NTR DISTRICT 12.PROJECT DIRECTOR, APSHCL DEPARTMENT, GUNTUR. RR 11 AND 12 ARE IMPLEADED AS PER THE COURT ORDER DT08.07.2024 VIDE ORDERS PASSED IN I.A.NO. 03 OF 2024. ...RESPONDENT(S): 3 ¥ THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.11498 OF 2024 /. / ORDER: The Writ Petition is filed questioning inaction of the respondents in withholding an amount of Rs.8,42,879/- even after finalizing the bills payable to the Petitioner in relation to work i.e., ‘‘Removing of Semi Jungle at North Block In Perecherla Jagananna Housing Colony Layout, vide Agreement & I Supplementary Agreement Bearing No.692/EE/GMC/GNT/2021-2022, dated f 03.01.2023 & /EE/GMC/GNT/2021-2022, dated nil-2023”. When the matter is taken up for hearing, the learned Standing Counsel passed on written instructions received by him, signed by the Commissioner, Guntur Municipal Corporation, wherein it was mentioned at paragraph No.7 that the execution of work was admitted and after scrutiny of bills and recording of works in measurement book, the Executive Authority of the 2. respondent-Municipal Corporation had approved the bills on 25.03.2023. It is further stated that the bills were uploaded in the APSHCL, PMU website and submitted to the Project Director, Housing Corporation, Guntur for release of funds vide Roc.No.890/NPI/Levelling/ATN OTS INFRA/2020/AME/GMC/E E1 dated 31.07.2023. 3. In view of the aforesaid submissions and also considering the fact that there is no dispute with regard to the execution of work and the amounts due to the Petitioner, this Court is inclined to dispose of the Writ Petition with the following direction: (i) The Respondents are directed to pay the amounts due to the Petitioner within a period of four (04) months from the date of receipt of the copy of this order. \ There shall be no order as to costs. Consequently, miscellaneous applications, if any, pending shall stand closed. Sd/- G HELA NAIDU ASSISTANT REGISTRAR SECTION OFFICER //TRUE COPY// 1 To, °f Andhra Pradesh Department of DisWct A.P Secretariat buildings, Veiagapudi, Guntuf AP?;HrT^’’p'c®®T'®?L ?*®'® Andhra Pradesh, Department of SHCL A.P Secretariat buildings, Veiagapudi, Guntur District. Secretary to the Government of Andhra Pradesh ZAP) Fmance Department. Room No. 286, 1st Floor, Buildina No 2 AP Secretariat, Veiagapudi, Amaravati - 522 238 ^ . wiHbrahiWm^^ Anjaneya ®' Prade^sra'Tprime V w*'*?'; Administration raaesn at Prime Hill Crest, Vaddeswaram, Tadepalli 7. The Chief Executive Officer, Andhra Pradesh SScf''®'®'" <'^™S).iNidhi Bhavan. 8. The Managing Director, APSHCL, Vijayawada, NTR District ^ Municipal ^"9^"®®^. Guntur Municipal 11. Special Chief Secretary to NTR District Andhra Guntur District. Comprehensive Financial API 1C Park, Mangalagiri, Corporation, Guntur, Guntur Corporation, Guntur, government of AP APSHCL, Vijayawada 12. Project Director, APSHCL Department, Guntur. 13. One CC to SRI KODE RAMESH BABU Advocate [OPUC] 14. Two CCs to GP FOR MUNGIPAL ADMN URBAN DEV, High Court of Andhra Pradesh [OUT] 15. Two CCs to GP FOR FINANCE AND PLANNING, High Court of Andhra Pradesh [OUT] 16. Two CCs to GP FOR APSHCL, High Court of Andhra Pradesh [OUT] 17. One CC to SRI KALYAN CHAKRAVARTHY, Advocate [OPUC] 18. One CC to SRI A S C BOSE, Standing Counsel for Municipal Corporation [OPUC] 19. One CC to SRI M MANOHAR REDDY, Standing Counsel for Municipla Corporation [OPUC] 20. Three CD Copies gsg high Court DATED; 30/04/2025 ORDER W/PNo.11498 of 2024 D'spos/ng the , WITHOUT COSTS WP