APHC010328262024 |N THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 17541 OF 2024 Between: Kesanakurthi Venkateswara Rao, S/o Veera bhadra Rao, aged about 63 years old R/o 57-9-27 TillapudiVari lane, Durga Temple, Jagannadapuram, Kakinada. ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary Municipal Administration and Urban Development Department, Secretariat Buildings, Velagapudi, Amaravati. 2. The Commissioner and Director, Municipal Administration and Urban Development Department, Government of Andhra Pradesh, Vijayawada NTR District. 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 District. 6. The Executive Engineer, Municipal Corporation Kakinada, District Kakinada, Kakinada r 7. The State of Andhra Pradesh and Planning Department Amaravathi. Rep by its Principal Secretary, Finance Secretariat Buildings Velagapudi ■■■Respondent(S): Petition under Article 226 of the circumstances stated i pleased to issue a Writ, Order of Writ of Mandamus to declaring the herein, not releasing and pay the bill Constitution of India praying that in the the High Court may be in the affidavit filed therewith. or direction more particularly one in the nature action on the part of the respondents amounts worth of Rs 17 51 705/ interest to the petitioner in view of the CFMS No. 2024-758447 even though completed as illegal, arbitrary and violation of J of India and Consequentially to direct pay the bill amounts worth of Rs 17 51 ync:/ -fu interest to the petitioner forthwith i • r ’ P iitioner forthwith in view of the CFMS No. 2024 - 758447. total works were executed and Articled, 16 and 21 of Constitution the respondents to release and lA NO: 1 OF 2024 Petition under Section 151 in the affidavit filed i direct the CPC praying that in the circumstances stated in support of the petition, the High Court respondents to release 17,51,705/- with interest to may be pleased to worth of Rs. and pay the bill amounts the petitioner forthwith in view of the CFMS No pending disposal of the above 2024 - 758447 writ petition. Counsel for the Petitioner: Counsel for the Respondent M/S. SAMEERA BOKKA Nos. 1, 2 & 3: GP FOR URBAN DEV No.7: GP FOR FINANCE municipal ADMN. & Counsel for the Respondent Counsel for the Respondent & PLANNING RAO (SC FOR municipal CORPORATIONS) Nos. 4 to 6: SRI M KRISHNA The Court made the following; ORDER APHC010328262024 IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY ,THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 17541/2024 Between; ...PETITIONER Kesanakurthi Venkateswara Rao AND ...RESPONDENT{S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.SAMEERABOKKA Counsel for the Respondent(S): 1.M Krishna Rao SC for ski vzm kkd Municipal Corporations 2.GP MUNCIPAL ADMN AND URBAN DEV AP 3.GP FOR FINANCE PLANNING The Court made the following: THE HON'BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.17541 of 20?a ORDER: This writ petition is filed declaring the action of the Respondents in not releasing the amount of Rs. 17,51,707/- (including statutory deductions of Rs.1,41,413/-) payable Petitioner to the in relation to the works done No. 165/2023-24 dated 22.11.2023 as arbitrary and illegal. vide Agreement 2. Pursuant to the tender, the Petitioner the 3'^^ Respondent-Collector for Drain, CC roads and CC patch works Division of KMC.GGMP’ was allotted works by ‘construction of Internal CC at Sri Ram Nagar, 45*^ of Kakinada city under Gadapa Gadapaku Mana Prabhutvam Programme (GGMP) fund. The Petitioner submits that the works were executed within the time measurements, the authorities passed the pay order for an amount of Rs.17,51,705/- (including statutory deductions of Rs.1,41,413/-) but till today, not paid the Amount. specified and after last check m 2 3. Learned counsel for the Respondent No.4-Corporation filed counter affidavit stating that under GGMP scheme, total 152 number of works with value of Rs.22.19 crores was sanctioned \ and the Government have allocated budget for an amount of Rs.10.14 crores for execution of high impact works in the Kakinada city and remaining budget of Rs. 12.05 crores was not released. It is also stated that till now Rs.7.60 crores was paid to the contractors who were completed the works before the Petitioner. It is also stated that the net amount due to the Petitioner i.e. Rs. 16,10,293/- will be paid basing on the availability of funds. As there is no dispute to the execution of works and amount of Rs. 16,10,293/- to the Petitioner, the Writ Petition is disposed of, at the stage of admission, with the consent of both sides and placing the written instructions on record, with the following direction: 4. (i) The Respondent authorities are directed to pay Rs. 16,10,293/- i.e. admitted amount due to the Petitioner within a period of four (4) months from today. 3 (ii) There shall be no order as to costs. As a sequel, the miscellaneous petitions if any shall stand dismissed. Sd/- A. VENU GOPAL RAO assistant registrar //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Municipal Administration and Urban Development Department, Secretariat Amaravati. 2. The Commissioner and Director, Municipal Administration and Urban Development Department, Government of Andhra Pradesh, Vijayawada NTR District. 3. The District Collector, Kakinada District, Kakinada. 4. The Commissioner, Municipal Corporation, Kakinada Kakinada Town, Kakinada District. 5. The Superintendent Engineer, Municipal Corporation, Kakinada District. 6. The Executive Engineer, Municipal Corporation Kakinada, Kakinada District 7. The Principal Secretary, Finance and Planning Department, Secretariat Buildings, Velagapudi, Amaravathi. 8. One CC to M/s. Sameera Bokka Advocate [OPUC] 9. One CC to Sri M Krishna Rao (SC for ski vzm kkd Municipal Corporations) Advocate [OPUC] 10. Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh. [OUT] 11. Two CCs to GP for Municipal Admn. & Urban Dev., High Court of Andhra Pradesh. [OUT] 12. Two CD Copies Buildings, Velagapudi Kakinada, HIGH COURT DATED:25/06/2025 ORDER WP 17541/2024 AmniSi 5 iiroci lis Current bwswon. DISPOSING OF THE W.P. AT THE STAGE ADMISSION, WITHOUT COSTS OF