IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 10875 OF 2025 Between: T Han Babu Chowdary, S/o Late Koteswara Rao, aged about 49 years, Occ Contractor, Gaddalagunta, Ongole, Prakasam District, Andhra Pradesh. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration Department, A.P. Secretariat, Guntur District. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary Department, A.P. Secretariat, Velagapudi, Amaravati 3. The Commissioner and Director of Municipal, Administration Crest, 4th Floor, Near DGP Office, Vaddeswaram District. 4. The Ongole Municipal Corporation, Ongole, Prakasam its Commissioner, 5. The Executive Engineer, Ongole Municipal Prakasam District. 6. The Director of Works and Accounts, Accounts Vijayawada, NTR District 7. The Pay and Accounts Officer, Works District Velagapudi, Amaravati Finance Guntur District. . Prime Hill Mangalagiri, Guntur District, Rep. by Corporation, Ongole, Directorate of Works and Accounts, Ongole, Prakasam ...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 a writ, order or direction more particularly one in the nature of a writ of Mandamus declaring the action of the respondents in not releasing the 1st and Final Bill amount of Rs 12,36,071/- even after execution of work i.e. Providing CC Road from Meetu Eswaramma Padarthi Bhavani (H) at OVR Street Gaddalagunta-2 Division No. 32 in Ongole Municipal Corporation under GGMP Funds vide (H) to Sachivalayam in agreement No. 446/2023-24.dated 20-09-2023 of the 5th Supplemental Agreement No.516/2023-24 dated respondent and 07-11-2023 of the 4th respondent as the same is illegal, arbitrary and unjust and consequently direct the respondents to release the bill amount of Rs 12,36,071/-with interest 12% per annum to the' petitioner in respect of execution of aforementioned work forthwith. lA NO: 1 OF 2n?.<^ Petition under Section 151 CPC stated in the affidavit filed i praying that in the circumstances in support of the petition, the High Court may be pleased to direct the respondents to release the 1st and Final bill amount of Rs 12,36,071/- towards the work done i.e. Providing CC Road from Meetu Eswaramma (H) to Padarthi Bhavani (H) at OVR Street Gaddalagunta-2 Sachivalayam in Division No. 32 in Ongole Municipal Corporation under GGMP Funds vide 20-09-2023 of the 5th agreement No. 446/2023-24 dated respondent and Supplemental Agreement No. 516/2023-24 dated 07-11-2023 of the 4th respondent in favour of the petitioner, pending disposal of the main Writ Petition. Counsel for the Petitioner: SMT. KAVITHA GOTTIPATI Counsel for the Respondent Nos. 1 & 3: GP FOR MUNCIPAL ADMN URBAN DEV Counsel for the Respondent Nos. 2, 6 & 7: GP FOR FINANCE & PLANNING Counsel for the Respondent Nos. 4 & 5: SRI A S C BOSE (SC FOR MUNICIPAL CORPORATIONS) The Court made the following: ORDER APHC010202012025 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: 10875/2025 Between: 1.T HARI BABU CHOWDARY, S/0 LATE KOTESWARA RAO, AGED OCC CONTRACTOR, GADDALAGUNTA, ABOUT 49 YEARS ONGOLE, PRAKASAM DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3.THE COMMISSIONER AND DIRECTOR OF MUNICIPAL, ADMINISTRATION, PRIME HILL CREST, 4TH FLOOR, NEAR DGP OFFICE, VADDESWARAM, MANGALAGIRI, GUNTUR DISTRICT. 4.THE ONGOLE MUNICIPAL CORPORATION, ONGOLE, PRAKASAM DISTRICT, REP. BY ITS COMMISSIONER, 5.THE EXECUTIVE ENGINEER, ONGOLE MUNICIPAL CORPORATION, ONGOLE, PRAKASAM DISTRICT. 6.THE DIRECTOR OF WORKS AND ACCOUNTS, DIRECTORATE OF WORKS AND ACCOUNTS VIJAYAWADA, NTR DISTRICT 7.THE PAY AND ACCOUNTS OFFICER, WORKS ACCOUNTS, ONGOLE, PRAKASAM DISTRICT ...RESPONDENT(S): 2 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.10875 OF 2025 ORDER; The Writ Petition is filed questioning the action of the respondents in not releasing the 1^' and Final Bill amount of Rs. 12,36,071/- even after execution of work i.e.. Providing CC Road from Meetu Eswaramma (H) to Padarthi Bhavani (H) at OVR Street Gaddalagunta-2 Sachivalayam in Division No.32 in Ongole Municipal Corporation under GGMP Funds vide agreement No.446/2023-24, dated 20.09.2023 of the 5*'^ respondent and Supplemental Agreement No.516/2023-24, dated 07.11.2023 of the 4**^ respondent as the same is illegal and arbitrary. 2. When the matter is taken up for hearing, the learned Standing Counsel passed on written instructions received by him, signed by the Commissioner, Ongole Municipal Corporation, wherein it was admitted that the Collector and District Magistrate, Prakasam District vide proceedings dated 06.05.2023 had accorded administrative sanction for providing CC road from Meetu Eswaramma Flouse to Padarthi Bhavani Flouse in O.V.R. Street in Gaddalagunta-02 in Division No.32 at Ongole Municipal Corporation for an amount of Rs.13.80 lakhs under Gadapa Gadapaku-Mana Prabhutwam (GGMP) Scheme. It is also admitted that the petitioner was allotted the work pursuant to tender dated 24.07.2023 and that the petitioner had completed the work as specified in the agreement. It is also admitted in the written 3 instructions that the officials of the Corporation has done check measurement and recorded the same in M-Book on 22.10.2023 and a bill was prepared by Pay & Accounts Officer, Works Accounts, Ongole vide CFMS No.Old-2023- 2188966, New-2024-281569 to make payment. It is also stated that the amounts could not be paid to the petitioner because of priorities expenditure and that the amounts would be paid as and when the amounts are received from the Government under Gadapa Gadapaku-Mana Prabhutwam (GGMP) Scheme. 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 N/MDU assistant registrar //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary, Municipal Administration Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Principal Secretary, Finance Department Velagapudi, Amaravati, Guntur District. °f Municipal, Administration, Prime Hill Dirtrict"*^ ^ Mangalagiri, Guntur Department, A.P. A.P. Secretariat, \ 4. The Commissioner, Ongole Municipal Corporation District. 5. The Executive Engineer, Ongole Municipal Prakasam District. 6. The Director of Works and Accounts Accounts Vijayawada, NTR District Dillricr^ Accounts Officer, Works Accounts, 8. One CC to Smt. Kavitha Gottipati Advocate [OPUC] 9. Two CCs to GP for Muncipal Admn Urban Pradesh. [OUT] Ongole, Prakasam Corporation, Ongole Directorate of Works and Ongole, Prakasam Dev, High Court of Andhra ^ Court of Andhra Pradesh, 11. One CC to Sri A S C Bose [OPUC] 12. Three CD Copies SC for Municipal Corporations, Advocate TF HIGH COURT DATED:30/04/2025 ORDER WP.No.10875 of 2025 DISPOSING OF THE W.P., WITHOUT COSTS