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: 16319 OF 2024 Between: y Sri Y. Pullaiah, S/o. Y. Marcharlaiah, Aged about 66 years, Occ- Contractor, D.No.40-5-19/3, Kadambari Apartments, Tikkie Road, Vijayawada,. ...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 Vijayawada Municipal Corporation, Rep. by its Commissioner, Vijayawada, Krishna District. 3. The Executive Engineer - III, O/o. Municipal Corporation, Vijayawada. 4. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Finance and Planning, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. ...Respondents Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents in withholding the payments of the and Final Bill for a net amount of Rs. 16,97,113/- (CFMS. No. 2024 - 281859) and Rs. 17,49,075/- (CFMS. No. 2024 - 281772) totally amount of Rs.34,46,188/- even after finalizing the bills, payable to the petitioner in relation to the works i.e., 1). “Providing CC Road CSI Church back side Road AGM road in 7*^ division hill ,area.(MAUD- 10733-9844). RC.EE3/117895/22 vide Agreement NO.CGMP02/2022- 23, Dt.04.11.2022” and 2). “Providing CC Road in Dasari Lingaiah road (MAUD-10733-9843) NO.GGMP03/2022-23, Dt.04.11.2022 respectively, is questioned, as the same is illegal, arbitrary and consequently direct the respondents to consider payments of the 1®^ and Final Bill for a net amount of Rs.16,97,113/- (CFMS. No. 2024 - 281859) and Rs. 17,49,075/- (CFMS. No. 2024 - 281772) totally an amount of Rs.34,46,188/- with interest @12% per annum for the delayed amount to the petitioner in respect of the execution of above-mentioned work forthwith. lA NO: 1 OF 2024 Petition under Section 151 CPC is filed 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 consider the payments of the payments of the and Final Bill for a net amount of Rs. 16,97,113/- (CFMS. No. 2024 - 281859) and Rs. 17,49,075/- (CFMS. No. 2024 - 281772) totally an amount of Rs.34,46,188/- even after finalizing the bills, payable to the petitioner in relation to the works i.e., 1). “Providing CC Road CSI Church back side Road AGM road in 7th division hill vide Agreementarea. NO.CGMP02/2022-23, Dt.04.11.2022 and 2). “Providing CC Road in Dasari Lingaiah road in 7'^ Division. (MAUD-10733-9843)”, vide Agreement NO.GGMP03/2022-23, Dt.04.11.2022 respectively, forthwith. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to receive the counter copies on record by allowing the leave petition in the above writ petition. vide Agreement (MAUD-10733-9844). RC.EE3/117895/22^ % Counsel for the Petitioner : SRI. YVSS DHARANEESH Counsel for the Respondents : GP FOR MUNCIPAL ADMN URBAN DEV GP FOR FINANCE & PLANNING Standing Counsel The Court made the following: % * APHC010320412024 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: 16319/2024 Between: 1.SRI Y PULLAIAH YEARS APARTMENTS, TIKKLE ROAD, VIJAYAWADA . S/0. Y MARCHARLAIAH, AGED ABOUT 66 D.NO.40-5-19/3, KADAMBARI OCC- CONTRACTOR ...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 VIJAYAWADA MUNICIPAL CORPORATION, COMMISSIONER, VIJAYAWADA, KRISHNA DISTRICT. 3.THE EXECUTIVE ENGINEER III, 0/0. MUNICIPAL CORPORATION VIJAYAWADA. REP. BY ITS 4.THE STATE OF ANDHRA PRADESH, f SECRETARY, DEPARTMENT OF FINANCE REP. BY ITS PRINCIPAL ^ ^ AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI GUNTUR DISTRICT. ...RESPONDENT{S): 2 Cr THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No. 16319 OF 2024 ORDER: The Writ Petition is filed questioning inaction of the respondents in withholding amounts of Rs.16,97,113/- (CFMS No.2024-281859) Rs.17,49,075/- (CFMS No.2024-281772) totally amount of Rs.34,46,188/- even after finalizing the bills payable to the Petitioner in relation to works i.e. and 1. Providing CC Road CSI Church back side Road AGM road in 7“^ Division area (MAUD-10733-9844) RC.EE3/117895/22 NO.CGMP02/2022-23, dated 04.11.2022 and 2) Providing CC Road in Dasari Lingaiah road in 7^^ Division (MAUD-10733-9843) NO.GGMP03/2022-23, dated 04.11.2022”. hill vide Agreement vide Agreemeht Respondent No.2 filed counter affidavit, stating that the first and final bill of Rs.16,97,113/- pertaining to the 1®' work was processed for payment and uploaded in CFMS portal vide CFMS No.2024-281859, with regard to the 2"^ work, the first and final bill for Rs. 17,49,075/- was processed for payment and uploaded in CFMS portal vide CFMS No.2024-281859. It is further stated that the amounts could not be paid to the petitioner for want of funds under the head ‘Gadapa Gadapa Ki Mana Prabhutwam (GGMP) Program 2. me. In view of the above and also considering the fact that there is no dispute with regard to the execution of works and the amounts due to the Petitioner, this Court is inclined to dispose of the Writ Petition with the following direction: 3. 3 (i) The Respondents are directed to pay the announts 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/- A. VIJAYA BABU ASSISTANT REGISTRAR SECTiIn OFFICER //TRUE COPY// To 1. The Principal Secretary, Department of Municipal Administration and Urban Development, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Commissioner, Vijayawada Municipal Corporation, Vijayawada, Krishna District. 3. The Executive Engineer - III, O/o. Municipal Corporation, Vijayawada. 4. The Principal Secretary, State of Andhra Pradesh, Department of Finance and Planning, Secretariat Buildings, Velagapudi, Amaravathi, , Guntur District.(1 to 4 by RPAD) 5. One CC to SRI. Y V S S DHARANEESH Advocate [OPUC] /6. Two CCs to GP FOR MUNCIPAL ADMN URBAN DEV ,High Court Of Andhra Pradesh. [OUT] 7/Two CCs to GP FOR FINANCE & PLANNING, High Court Of Andhra ^ Pradesh. [OUT] 8. Three CD Copies KSR HIGH COURT DATED:30/04/2025 ORDER WP.No.16319 of 2024 S n SEP 2025 S"' o\ DISPOSING THE WRIT PETITION WITHOUT COSTS