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lN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY wR[T PET]T[ON NO: 5343 OF 2025 Between: A.Satyanarayana, S/o.Veerabhadra Rao.A, Age 50 years, 1-5- 39,Thummalapalli var'l street, kondayapalem, Kakinada, East Godavari District. (cause title is amended as per Court Order dated.02.07.2025 in lA. No.3 of 2025) ...PETITIONER AND
1. The State of Andhra Pradesh, Rep by its Principal Secretary, Municipal Administration And Urban Development Department Secretariat Building, Velagapudi, Amaravathi, Guntur. 2. Kakinada Municipal Corporation, rep.by its Commissioner, Kakinada, Kakinada District. 3. Kakinada Municipal Corporation, Rep.by its Executive Engineer Kakinada District. 4. The State of Andhra Pradesh, Rep. by 'lts Principal Secretary Department of Finance and Planning, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. ...RESPONDENTS petition under Article 226 of the Cdnstitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate wr|lt order or direction more particularly one in the nature of writ of Mandamus declaring the action Of the Respondents in withholding the payments Of Pending amounts Of Rs. 34,58,946/- (Thirty Four Lakhs, Fifty Eight Thousand, Nine Hundred and Forty Six Rupees only) even after finalizing the bills Payable tO the
petitioner in relation to the works i.e /. £fConstruction of CC Drains and RCC Culverts at Veeramalli Varai Street and Baba Street of 46th Division of KMC vide Agreement No.432/2021-2022" For the year 2022 as bad .illegal, arbitrary, improper, unjust and against the Article 21 of constitution of India and consequently direct the respondents to pay the amounts of Rs. 34,58,946/-(Thirty Four Lakhs, Fifty Eight Thousand, Nine Hundred and Forty Six Rupees only) with interest @ 24% per annum for the delayed amount till date of realization for the works executed by the petitioner. (Prayer is amended as per Court Order dated.02.07.2025 in I.A. No.3 of 2025 in WP and Affidavit) IANO: 1 OF2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to releasing the amounts payable to him, pending disposal of the write petition.
Counsel for the Petitioner : SRI SINGAMSETTY V.M. SANKAR Counsel for the Respondent No.1 : GP FOE MUNICIPAL ADMN AND URBAN DEVELOPMENT Counsel for the Responde.nt Nos|2 & 3 : SR[ M.KRISHNA RAO, SC FOR MUNICIPALITY Counsel for the Respondent No.4 : GP FOR FINANCE AND PLANNING The Court made the following: ORDER ff
a. APHCO10096822025 E=J±LH IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 5343/2025 Between : M Satyanarayana [3460] ."PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
1. SI NGAMSETTY V. M'.-SAN KAR counsel for the Respondent(S):
1.GP MUNCIPAL ADMN AND URBAN DEV AP 2.GP FOR FINANCE'PLANNING
THE HON'BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.5343 OF 2025 ORDER: The Writ Petition is filed questioning action of the respondents in not releasing the amount of Rs. 34,58,946/-to the Petitioner even after finalizing the bills for the work executed i.e., " 4| f{Construction of CC Drains and RCC Culverts at Veeramalli vari street and Baba Street of 46th Division of KMC Vide Agreement No.432/2021 -2022"
2. Heard the learned counsel for the Petitioner and the learned Standing Counsel for the Respondent-Corporation. 3. The Petitioner submits that he has duly completed the aforesaid work under the respective Agreement No.89/SE/2022- 2023, dated 28.01.2023. However, despite execution of the work, the respondents have failed to release the amounts due. 4. The learned- Standing Counsel submitted that he did not receive any instructions regarding the claim of the Petitioner. 5.
However, considering the submission of the Petitioner that the work as per the agreement was completed, this Court is of the opinion that the Writ Petition can be disposed with following directions;
*\ (i) The Respondents Shall exam-lne the Works executed by the petitioner in terms of the Agreement No.89/SE/2022-2O23, dated 28.01.2O23, within a period Of eight (08) weeks, from today and thereafter, verify the bills of the Petitioner Within a further Period Of six (O6) weeks. (ii) The amounts asSeSSed tO be due tO the Petitioner Shall be paid within a further period of eight (O8) weeks, thereafter. 6. Accordingly, theWrit Petition is disposed Of. There shall be nO Order aS tO Costs. Consequently, miscellaneous applications, if any, pending shall stand closed. Sd/- A. VIJAYA BABU ASSISTANT REGISTRAR ap -a //TRUECOPY// gE,CTIO#=FICER Toll. The,Principal Secretary, Munlcipal Administration And Urban DeV1`elopment Department, State of Andhra Pradesh, Secretariat Building, Velagapudi, Amaravathi, Guntur. 2. The Cominissioher;,.`Kakinada Municipal Corporation, Kakinada, Kakinada District. 3. The Executive Engineer, Kakinada Municipal Corporation, Kakinada District. 4. The Principal Secretary Department of Finance and planning, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 5. One CC to Sri Singamsetty V.M. Sankar, Advocate [OPUC]
6. Two CCs to GP for Municipal Admn and Urban Development, High Court of Andhra Pradesh. [OUT]
7. Two CCs to GP for Finance & Planning, High Court ofAndhra Pradesh. [OUT]
8. One CC to Sri M. Krishna Rao, SC for Municipality (OPUC)
9. Three C.D. Copies. Cnr Note: The Surname-Initial of the Petitioner in the cause title
"M. Satyanarayana" is corrected as " A. Satyanarayana" and also the prayer is amended as per court's Order dated.02.07.2025 in I.A. No.3 /2025. Substitute this amended Order in place of earlier order which was dispatched on 28.03.2025. Sd/- A. VIJAYA BABU ASSISTANT REGISTRAR
HIGH COURT DATED 04/03/2025 02/07/2025 AMENDED ORDER WP.No.5343 of 2025 DISPOSING OF THE W.P.
WITHOUT COSTS 1-i -Jut 2025 * Criu!r_?_Pl _¥:¥+€ '-~'