[ 3460 ] IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY ,THE THIRTIETH DAY OF APRIL ^ TWO THOUSAND AND TWENTY FIVE X' .y PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 4954 OF 2025 ■ Between: v/' KCV Constructions, Rep. By. Managing Partner P. Chakravarthy S/o.P.Govindu, Age 34 years ,16-22-79,Pallam Raju Nagar, Kakinada, East Godavari District. Kranthi ...PETITIONER/S^ AND 1. The State Of Andhra Pradesh, Rep by its Principal Secretary, Muniapal Administration And Urban Development Department, Secretariat Building, Velagapudi, Amaravathi, Guntur. 2. The Commissioner And Director Of Municipal AdminiJration Hill Crest,4th Floor, Near DGP office,Man^lagiri. 3. Municipal Corporation Kakina^ rep.by its ComrYTTssioner, Kakinada Kakinada District. Prime ) 1 4. Municipal Corporation Kakinada, Rep.by its Executive Engineer Kakinada District. 5. The State of Andhra Pradest^ 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 an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Res^ndents in withholding the payments of pending Rs.30,65,931/- (Thirty Lakhs, Sixty five Thousand, Nine Hundred and Thirty One Rupees only) even after finalizing the bills payable to the petitioner in relation to the works i.e “I, Laying of internal CC Drains and CC Road beside amounts of railway track in kamswari nagar 33'^^ Division, Agreement No.87/SE/2022 2023,Dated28.1.2023,” 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. 30,65,931/- (Thirty Lakhs, Sixty five Thousand, Nine Hundred and Thirty One Rupees only) interest @ 24% per annum for the delayed amount till date of realization with for the works executed by the petitioner. lA NO: 1 OF 202.*^ 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 releasing the amounts payable to him. Counsel for the Petitioner(s):SRI. VENKAT CHALLA Counsel for the Respondents: GP FOR MUNCIPAL ADMN URBAN Counsel for the Respondents: GP FOR FINANCE & PLANNING Counsel for the Respondents: SRI MODHALAVALASA KRISHNA RAO, SC FOR MUNICIPAL CORPORATION The Court made the following: DEV ■ APHC010091862025 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: 4954/2025 Between: 1.KCV CONSTRUCTIONS, REP. BY. MANAGING PARTNER P. KRANTHI CHAKRAVARTHY S/O.P.GOVINDU, AGE 34 YEARS, 16-22-79,PALLAM RAJU NAGAR, KAKINADA, EAST GODAVARI DISTRICT. ...PETITIONER AND 1.THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR. 2.THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, PRIME HILL CREST,4TH FLOOR, NEAR DGP OFFICE,MANGALAGIRI. 3. MUNICIPAL CORPORATION KAKINADA, REP.BY ITS COMMISSIONER, KAKINADA KAKINADA DISTRICT. 4.MUNICIPAL CORPORATION KAKINADA, REP.BY ITS EXECUTIVE ENGINEER KAKINADA DISTRICT. 5.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. AMARAVATHI, ...RESPONDENT(S); w 0^^ HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.4954 of 2025 ORDER: 1. The present Writ Petition is filed to declare the action of the . Respondents in withholding the payment of pending amounts of Rs.30,65,931/- even after finalizing the bills payable to the Petitioner in relation to the works i.e. Laying of internal CC Drains & CC Road beside railway track in Kameswari Nagar, 33'''^ Division, Kakinada Municipal Corporation vide Agreement No.87/SE/2022-2023, dated 28.01.2023, as illegal and arbitrary. Heard M/s Venkat Challa, learned counsel for the Petitioner 2. and Sri M. Krishna Rao, learned Standing Counsel for the Respondent-Corporation. The learned counsel for the Petitioner submits that the work as 3. per the Agreement was executed and the measurements were recorded in M. Book and an amount of Rs.30,65,931/- is due to the Petitioner. As the said amounts are not being paid, the present Writ Petition is filed. 2 4. The learned Standing Counsel passed on the signed instructions of the Commissioner, Municipal Corporation, Kakinada stating that the administrative sanction for the above work sanctioned vide Standing Council Resolution No.90, dated 14.09.2022 for an amount of Rs.48,00,000/- and the work was given ’ pursuant to the Tender dated 28.01.2023. It is further mentioned that the bill of the Petitioner was not finalized due to the transfers of the then engineering staff and the bill of the Petitioner is under examination by the present engineering staff and the amount would be paid after completing the bill process. It is also mentioned in the written instructions that the time of six months was sought to clear the bills as the Corporation is balancing the revenue and expenditure for emergency services i.e. maintenance of sanitation, water supply, street lighting and regular wages of outsourcing workers. was As the bills are yet to be finalized by the Respondent authorities, this Court is of the opinion that the Writ Petition can be disposed of with the following directions:- 5. (i) The Respondent-Corporation shall finalize the bills within a period of three (3) months from the date of receipt of the web copy of the order; rw 3 (ii) The amounts payable to the Petitioner after finalization of the bills shall be paid within a period of four (4) months thereof; (iii) There shall be no order as to costs. Accordingly, the Writ Petition is disposed of. 6. As a sequel, pending applications, if any, shall stand closed. Sd/- M.PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, Municipal ^^ministration And Urban 1. The , Principal Secretary Development Department, State Of Andhra PradeshSecretariat Building, Velagapudi, Amaravathi, Guntur. 2. The Principal Secretary Department of Finance and Planning,State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.[1 & 2 By Special Messenger] 3. The Commis^bner And Director Of Municipal Administration , Prime Hill Crest,4th Floor, Near DGP office,MangalagirL-"' Kakinada, Kakinada" Municipal Corporation 4. The Commissioner, Kakinada District. 5. The Executive Engineer, Municipal Corporation Kakinada, Kakinada District.[2 to 5 by RPAD] 6. One CC to SRI. VENKAT CHALLA Advocate [OPUC] 7. One CC to SRI MODHALAVALASA KRISHNA RAO, SC FOR MUNICIPAL CORPORATION [OPUC] 8. Two CCS to GP FOR MUNCIPAL ADMN URBAN DEV .High Court Of Andhra Pradesh. [OUT] 9. Two CCS to GP FOR FINANCE & PLANNING .High Court Of Andhra Pradesh. [OUT] Three CD Copies 10. ? 1 HIGH COURT DATED:30/04/2025 ORDER andw^:^ WP.No.4954 of 2025 =5 1J JUL ?!I25 I *5- „ Current Section THE WRIT PETITION IS DISPOSED OF^ WITHOUT COSTS