V. A IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 28945 OF 2024 I Between: Kesanakurti Venkatewara Rao, S/o Veera Bhadra Rao, aged about 63 years, Occ; Contractor, R/o 57-9-27 Tillapudi Vari lane, Durga Temple, Jagannadapuram, Kakinada, Kaklnada Dist. ...PETITIONER AND 1. 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, Kakinada District. 6. The Executive Engineer, Municipal Corporation Kakinada, Kakinada District 7. The State of Andhra Pradesh, Rep by its Principal Secretary, Finance and Planning Department Secretariat Buildings, Velagapudi, Amaravathi. ...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 Writ of Mandamus to declaring the action on the part of the respondents herein, not releasing and pay the bill amounts worth of Rs. 46,52,788/- with interest to the petitioner even though total works were executed and completed as illegal, arbitrary and violation of Article 14, 16 and 21 of Constitution of India and Consequentially to direct the respondents to release and pay the bill amounts worth of Rs. 46,52,788/- with interest to the petitioner forthwith. iA 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 to release and pay the bill amounts worth of Rs. 46,52,788/-with interest to the petitioner forthwith, pending disposal of the above writ petition. Counsel for the Petitioner: M/s. SAMEERA BOKKA Counsel for the Respondent Nos.1 to 3: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent Nos.4 to 6:SRI J. DILEEP KUMAR, SC FOR MUNICIPAL CORPORATIONS Counsel for the Respondent No.7: GP FOR FINANCE AND PLANNING The Court made the following: ORDER APHC010554662024 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 PFTITION NO: 28945/2024 Between; 1.KESANAKURTI VENKATEWARA RAO, S/0 VEERA BHADRA RAO AGED ABOUT 63 YEARS, OCC. CONTRACTOR ,R/0 57-9-27 TILLAPUDI VARI LANE.DURGA TEMPLE KAKINADA. KAKINADA DIST. JAGANNADAPURAM, ...PETITIONER AND 1.THE STATE OF AP. REP BY ITS PRINCIPAL SECRETARY MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI. AMARAVATI. AND DIRECTOR, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT GOVERNMENT OF ANDHRA PRADESH 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, KAKINADA DISTRICT. 2.THE COMMISSIONER VIJAYAWADA NTR engineer, municipal corporation 6.THE EXECUTIVE KAKINADA, KAKINADA DISTRICT 7.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. AND PLANNING DEPARTMENT FINANCE ...RESPONDENT{S): 2 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No. 28945 OF 2024 r ORDER: The Writ Petition is filed questioning the action on the part of the respondents herein in not releasing and paying the bill amounts worth of Rs.46,52,788/- with interest to the petitioner even though total works were executed and completed as illegal and arbitrary. 2. Petitioner was issued a work order for “Providing CC roads, CC drains, RCC Culverts at Perupalli Street, internal road in 16‘'^ division” for an admitted amount of Rs.38,72,506.76/- vide Roc.No.2927/2022/E2, dated 07.11.2022. In the counter affidavit filed by the Respondent No.4, it was admitted at Para No.8 that the petitioner has executed the above work gross value of Rs.46,71,460/- and after statutory deductions of Rs.3,62,016/- and balance net amount Rs.43,09,444/- payable by the Kakinada Municipal Corporation to the petitioner. It is further stated that the Municipal Corporation was making payments to the contractors after meeting the expenditure for emergency services i.e., maintenance of sanitation, salaries of out sourcing workers and employees, water supply maintenance expenditure and street lighting maintenance expenditure etc. 3. 4. In view of the above and also considering the fact that there is no dispute with regard to the execution of work and the amount due to the Petitioner, this Court is inclined to dispose of the Writ Petition with the following direction: 3 9 (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/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTJ (Jll^FICER To, 1. The Principal Secretary Municipal Administration and Urban Development Department, State of Andhra Pradesh, 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 Commissioner, Municipaf Corporation, Kakinada Town, Kakinada District. ■ 5. The Superintendent Engineer, Municipal Corporation, Kakinada, Kakinada District. 6. The Executive Engineer, Municipal Corporation Kakinada, Kakinada District 7. The Principal Secretary, Finance and Planning Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi. 8. One CC to M/s. Sameera Bokka, Advocate [OPUC] 9. One CC to Sri J. dileep Kumar, SC for Municipal Corporations[OPUC] 10. Two CCs to GP for Municipal Administration and Urban Development, High Court of Andhra Pradesh. [OUT] 11. Two CCs to GP for Finance and Planning, High Court of Andhra Pradesh. [OUT] 12. Three CD Copies. ssb V HIGH COURT DATED:30/04/2025 ORDER WP.No.28945 of 2024 DISPOSING OF THE W.P. WITHOUT COSTS