N., APHC010185592025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, TH^ TWENTY FIFTH DAY OF JUNE^ TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No: 9776 OF 2025 Between: Sri Rao Suresh, S/o. R. V. Surya Rao, Age 55 years, R/o.2-11-13, Venkata Nagar, Sree Nagar, Kakinada, East Godavari District, Andhra Pradesh. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Department of Municipal Administration and Urban Development, Secretariat Building, Velagapudi, Amaravathi, Guntur. 2. Municipal Corporation Kakinada, rep.by its Commissioner, Kakinada Kakinada District. 3. Municipal Corporation, Kakinada , Rep.by its Executive Engineer Kakinada District. 4. The State of Andhra Pradesh, Rep. by its Principal Secretary Secretariat Buildings, Department of Finance and Planning, Velagapudi, Amaravathi, Guntur District. ...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 an appropriate Writ 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. 18,93,688/- (Eighteen Lakhs, Ninety three Thousand, Six Hundred and Eighty Eight Rupees only ) even after finalizing the bills payable to the petitioner i retetion to the works i. in e “I. Providing CC Drain and RCC Culverts at D.No. 2 21 4/1 to 2-2-1 And 2-18-22 to 2-18-23/1 in 5B Sachivalayam, GGMP, Agreement No.66/EE1/2023-24, Dated. 20.09.2023 For the year 2023 Article 21 of as bad .illegal, arbitrary, improper; unjust and against the Constitution of India and consequently direct the respondents to pay the amounts of Rs. 18,93,688/- (Eighteen Lakhs, Ninety three Thousand, Six Hundred and Eighty Eight Rupees only ) with interest @ 24% per annum for the delayed amount till date of realization for the works executed by the petitioner. lA No: 1 OF 209^ Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court direct the respondents to may be pleased to pay the amounts of Rs. 18,93.688/- (Eighteen and Eighty Eight Rupees only ) with interest @ 24%per annum for the delayed amount till date of realization for the works executed by the petitioner and Lakhs, Ninety three Thousand, Six Hundred pending disposal of the Write Petition. Counsel for the Petitioner: SRI DEVASRI ROSHAN. Counsel for the Respondent No.1: GP FOR MUNICIPAL K ADMN & URBAN DEV Counsel for the Respondent Nos.2 & 3; MUNICIPAL CORPORATION Counsel for the Respondent No.4: GP FOR FINANCE The Court made the following order: SRI M.KRISHNA RAO, SC FOR & PLANNING APHC010185592025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY,THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 9776/2025 Between: 1.SRI RAO SURESH, S/0. R. V. SURYA RAO AGE 55 YEARS, R/0.2-11-13, VENKATA NAGAR ,SREE NAGAR, KAKINADA. PRADESH. EAST GODAVARI DISTRICT, ANDHRA ...PETITIONER AND REP BY ITS PRINCIPAL DEPARTMENT OF MUNICIPAL AND URBAN DEVELOPMENT, 1.THE STATE OF AP SECRETARY, ADMINISTRATION SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI GUNTUR. 2.MUNICIPAL CORPORATION KAKINADA, REP.BY ITS COMMISSIONER, KAKINADA KAKINADA DISTRICT. 3.MUNICIPAL CORPORATION, KAKINADA EXECUTIVE ENGINEER KAKINADA DISTRICT. REP.BY ITS 4.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FINANCE AND PLANNING, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. SECRETARIAT BUILDINGS, 2 ...RESPONDENT(S): 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 topleased to issue an appropriate Writ Order or direction more particularly one in the nature of Writ Mandamus declaring the action of the Respondents in withholding the payments of pending amounts of Rs. 18,93,688/- (Eighteen Lakhs, Ninety three Thousand, Six Hundred and Eighty Eight Rupees only ) even after finalizing the bills payable to the petitioner in relation to the works i. e /. Providing CC Drain and RCC Culverts at D.No.2-21- 4/1 to 2-2-1 And 2-18-22 to 2- 18-23/1 of SB Sachivalayam GGMP in .Agreement no.66/EE1/2023-24,Dated. 20.09.2023 For the year 2023 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. 18,93,688/- (Eighteen Lakhs, Ninety three Thousand, Six Hundred and Eighty Eight Rupees only ) with interest @ 24 percentage per annum for the delayed amount till date of realization for the works executed by the petitioner and pass lA NO: 1 OF 2025 Petition under Section 151 CPC circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the respondents to pay the amounts of Rs. 18,93,688/- (Eighteen Lakhs, Ninety three Thousand, Six Hundred and Eighty Eight Rupees only ) with interest @ 24%per annum for the delayed amount till date of realization for the works executed by the petitioner and pending disposal of the write petition and pass Counsel for the Petitioner: praying that in the 1.DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S): 3 1. GP MUNCIPAL ADMN AND URBAN DEV AP 2.GP FOR FINANCE PLANNING The Court made the following; THE HON'BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.977fi nf ORDER: This writ petition is Respondents in filed declaring the action of the withholding the pending Rs. 18,93,688/- payable to the Petitioner amount of even after finalizing the works done vide Agreement as arbitrary and illegal. bills in relation to the NO.66/EE1/2023-2024 dated 20.09.2023 2. Pursuant to the tender, the Petitioner was allotted works for providing C.C. Drains and R.C.C. Culverts at Dr.No.2-21-4/1 to 2- 2-1 and 2-18-22 to 2-18-23/1 i 5B Sachivalayam, GGMP, dated 20.09.2023. were executed within the time specified and was recorded in the Measurement Book. in Agreement No.66/EE1/2023-2024 Petitioner submits that the works The V 3- Learned counsel for Respondent No.2-Corporation counter affidavit stating that respondents has through the 3-procurement and issued work orders, agreement, the works were completed within the time, stated that the Municipal authorities basing on availability of the funds. filed called tender As per the It is also are processing the bills 2 4. As there is no dispute to the execution of works and the admitted amount payable to the Petitioner, the Writ Petition is disposed of, at the stage of admission, with the consent of both sides with the following direction: (i) The Respondent-authorities are directed to pay the admitted amount due to the Petitioner within a period of four (4) months from today. (ii) There shall be no order as to costs. As a sequel, the miscellaneous petitions if any shall stand dismissed. Sd/- G. HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Department of Municipal Administration & Urban Development, State of Andhra Pradesh Secretariat Building, Velagapudi, Amaravathi, Guntur. 2. The Commissioner, Kakinada District. 3. The Executive Engineer, Municipal Corporation, Kakinada, Kakinada District. 4. The Principal Secretary, Department of Finance & Planning, State of Andhra Pradesh Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. Municipal Corporation Kakinada Kakinada 5. One CC to Sri Devasri Roshan.K, Advocate [OPUC] 6. Two CCs to GP for Municipal Administration & Urban Development, High Court of Andhra Pradesh. [OUT] 7. One CC to Sri M.Krishna Rao, SC for Municipal Corporation. [OPUC] 8. Two CCs to GP FOR FINANCE PLANNING High Court of Andhra Pradesh [OUT] 9. Two CD Copies. gi HIGH COURT DATED:25/06/2025 vKscw***—— ^ y ORDER WP No. 9776 OF 2025 rcw^ DISPOSING OF THE WRIT PETITION AT THE STAGE OF ADMISSION WITHOUT COSTS