IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI - (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF APRIL X/f TWO THOUSAND AND TWENTY FIVE PRESENT _ THE HON’BLE SRI JUSTICE NYAPATHY VIJAY ^ WRIT PETITION NO: 16738 OF 2024 h- "O 4 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, Kakinada District. 7. The State of Andhra Pradesh, Rep by its Principal Secretary and Planning Department Secretariat Amaravathi. Kakinada, Finance Buildings, Velagapudi, ...RESPONDENTS p 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. 19,25,500/- 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. 19,25,500/- with interest to the petitioner forthwith. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit fiied 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. 19,25,500/- with interest to the petitioner forthwith, pending disposal of the above writ petition. Counsel for the Petitioner: SRI SAMEERA BOKKA ^ Counsel for the Respondent Nos. 1 to 3: GP MUNCIPAL ADMN AND URBAN DEV Counsel for the Respondent Nos. 4 to 6: SRI M KRISHNA RAO (SC FOR MUNICIPAL CORPORATIONS) Counsel for the Respondent No.7: GP FOR FINANCE & PLANNING The Court made the following: ORDER APHC010328332024 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: 16738/2024 Between: 1.KESANAKURTHI VENKATESWARA RAO, S/0 VEERA BHADRA RAO aged about 63 YEARS OLD R/0 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, 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. ...RESPONDENT(S): 2 » THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No. 16738 OF 2024 ORDER: The Writ Petition is filed questioning inaction of the respondents in not releasing the amount of Rs.19,25,500/- with interest to the petitioner though the total works were executed and completed. \ even 2. Petitioner was issued a work order for “Construction of 1®* floor building community hall in 44*^ Division of Kakinada” for an admitted amount of Rs.17,40,878.49/- vide Roc.No.6689/2023/E2, dated 20.01.2024. In the counter affidavit filed by the Respondent No.4, the execution of work and the amounts due to the petitioner were admitted at Paragraph No.5. However, it is stated that the amounts could not be paid to the petitioner due to non-release of funds under the head ‘Gadapa Gadapa Ki Mana Prabhutwam (GGMP) Programme. 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: (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. 3 There shall be no order as to costs. Consequently, miscellaneous applications, if any, pending shall stand closed. Sd/- KJ. RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// I SECTION OFFICER To, 1. The Princip^ Secretary Municipal Administration and Urban Development Department, Secretariat Buildings, Velagapudi,Amaravati. Director, Municipal Administration NTR District^ Department Government of Andhra Pradesh, and Urban Vijayawada 3. The District Collector, Kakinada District, Kakinada. KaL^daDiSr'ict®'^’ Municipal Corporation, Kakinada Town, 5. The Superintendent Engineer, Municipal Kakinada District. Corporation, Kakinada, Dislrict^^^^^*'^® Engineer, Municipal Corporation Kakinada , Kakinada ^®c''®tary. Finance and Planning Department Buildings, Velagapudi, Amaravathi. 8. One CC to Ms. Sameera Bokka Advocate [OPUC] 9. Two CCs to GP for Muncipal Admn Andhra Pradesh. [OUT] [OUT^^^ Finance & Planning, High Court of Andhra 11. Three CD Copies , Secretariat and Urban Dev, High Court of /■ Pradesh. TF HIGH COURT DATED:30/04/2025 ORDER WP.No.16738of 2024 DISPOSING OF THE W.P., WITHOUT COSTS