APHC010033812025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 3329/2025 Between: 1. S SATEESH KUMAR, S/O. S. PRABHAKAR SETTY, AGED ABOUT 28 YEARS, OCC CONTRACTOR, R/O. H.NO. 40-446/1, KATTATIPAIAH COMPOUND OPP. SV COMPLEX, KUNROOL DISTRICT ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, MUNICIPAL ADMINISTRATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, THULLUR MANDAL, GUNTUR DISTRICT. 2. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI AMARAVATHI, THULLUR MANDAL, GUNTUR DISTRICT. 3. THE DIRECTOR OF WORKS AND ACCOUNT OFFICER, ANJANEYA TOWERS, IBRAHIMPATNAM, KRISHNA DISTRICT. 4. THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE MA AND UD, KURNOOL, KURNOOL DISTRICT. 5. THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, SRI KRISHNA ENCLAVE GORANTLA, GUNTUR, GUNTUR DISTRICT. 6. THE KURNOOL MUNICIPAL CORPORATION, REP. BY ITS 2 COMMISSIONER, KURNOOL, KURNOOL DISTRICT. 7. THE EXECUTIVE ENGINEER, KURNOOL MUNICIPAL CORPORATION, KURNOOL DISTRICT. 8. THE DEPUTY EXECUTIVE ENGINEER, DRAWING BRANCH, MUNICIPAL CORPORATION, KURNOOL, KURNOOL DISTRICT. ...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 a Writ, Order, or Direction more particularly one in the nature of WRIT OF MANDAMUS or any other appropriate writ or direction declaring the action of the respondents in not releasing the total due payments of Rs.42,66,576/- even after finalizing the bills, payable to the petitioner in relation to the works i.e., i) Agreement No. 214/2023-24, Dt 25.01.2024 for Laying of CC Road from D.No. 40/803-A to D.No. 40/787-B Dharmapeta Auto Stand in Ward No. 47,122 Sachivalayam Dharmapeta vide M.Book.No. 616-2023-24 for Rs.4,12,265/-, ii) Agreement No. 216/2023-24, Dt 25.01.2024 for Raising of CC Road from Door.No. R2/55C to R2/64A and Auto Stand to Challa Compound Circle in Sachivalayam No. 121 in Challa Compound ward no. 47 vide M. Book No. 662-2023-24 for Rs.4,11,761/-, iii) Agreement No. 213/2023-24, Dt 25.01.2024 for Restoration and improvements of RCC Culvert at E.Pole No. KLP/A6 and Laying of CC Road from D.No. 40/802- G-1 to D.No. 40-798-B (Sachivalayam No. 122) in Nehru Nagar in Ward No. 47 vide M.Book.No. 482-2023-24 for Rs.4,42,127/-,iv) Agreement No. 217/2023-24, Dt 25.01.2024 for Laying of CC Road from D.No.40/790-7a to D.No. 40/787-B in ward No.47,122 Sachivalayam Dharmapeta vide M.Book.No. 614-2023-24 for Rs.4,12,070/-, v) Agreement No. 302/2023-24, Dt 01.03.2024 for improvements of 450mm CC Drain from D.No. 40/741 to Dharmapeta Ladies Toilets in Dharmapeta Sachivalayam No. 122 in ward no. 47 vide M.Book.No. 477-2023-24 for Rs.2,91,402/-, vi) Agreement No. 212/2023- 24, Dt 25.01.2024 for Laying of CC Road from D.No. 40/711 to Dharmapeta Auto Stand in Ward No. 47, 122 Sachivalayam, Dharmapeta vide M.Book.No. 494-2023-24 for Rs.4,45,800/-, vii) Agreement No. 215/23-24, Dt 25.01.2024 for Raising of CC Road from D.No. 40/709 to D.No. 40/706-D under GGMP Grant (Sachivalayam No. 122) in Dharmapeta in ward no. 47 Restoratioon and vide M.Book.No. 484-2023-24 for Rs.4,48,675/-, viii) Agreement No. 280/23-24, dated 22.02.2024 for Laying of CC Road near Yuva Jana Sangam Office from H.No. 39/280-A to Stylish Tailor shop in Vaddegeri in ward no.12 vide M.Book.No. 615- 2023-24 for Rs. 3 10,27,959/- and xi) Agreement No. 306/23-24, dated 06.03.2024 for Raising of CC road from Sunkulamma Temple to 44/72 at Sachivalayam No. 124 in Raja in Ward NO. 48 vide M.Book.No. 495- 2023-24 for Rs.3,74,517/-, for above (09) works was sanction under Gadapa Gadapaku Mana Prabhutvam (GGMP) Grant, total pending bills amount of Rs.42,66,576/- in Kurnool Municipal Corporation through the Agreements ,as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondent authorities to release the pending bills total amount of Rs.42,66,576/- with interest at 18 percent for the pending bills forthwith for the above said works executed by the petitioner and pass IA NO: 1 OF 2025 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 pleased to direct respondents to consider for pending bills of Rs.42,66,576/- with interest @ 18 % for the works executed by the petitioner for the various works under Gadapa Gadapaku Mana Prabhutvam (GGMP) Grant, in Kurnool Municipal Corporation through the Agreements forthwith, pending disposal of the main Writ Petition and pass Counsel for the Petitioner: 1. ANNAMNEEDI BALAKRISHNA Counsel for the Respondent(S): 1. POTHAM VENGALA REDDY SC For M.Corporation in Rayalaseema region In 2. GP MUNCIPAL ADMN AND URBAN DEV AP 3. GP FOR FINANCE PLANNING The Court made the following: 4 Order:- Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Finance and the learned Standing Counsel for the respondent-corporation. 2. Learned counsel for the petitioner submits that the petitioner has completed the works under (i) Agreement No. 214/2023-24, Dt 25.01.2024 vide M.Book.No. 616-2023-24, (ii) Agreement No. 216/2023-24, Dt 25.01.2024 vide M. Book No.662- 2023-24, (iii) Agreement No. 213/2023-24, Dt 25.01.2024 vide M.Book.No.482- 2023-24, (iv) Agreement No. 217/2023-24, Dt 25.01.2024 vide M.Book.No.614- 2023-24, (v) Agreement No. 302/2023-24, Dt 01.03.2024 vide M.Book.No.477- 2023-24, (vi) Agreement No. 212/2023- 24, Dt 25.01.2024 vide M.Book.No.494- 2023-24, (vii) Agreement No. 215/23-24, Dt 25.01.2024 vide M.Book.No.484-2023- 24, (viii) Agreement No. 280/23-24, dated 22.02.2024 vide M.Book.No. 615- 2023- 24, and (xi) Agreement No. 306/23-24, dated 06.03.2024 vide M.Book.No. 495-2023- 24, entrusted by the respondent-Corporation, and has submitted the final bills. 3. It is submitted that a total amount of Rs. 42,66,576/- is due and payable by the respondent-Corporation to the petitioner on account of the completion of the aforesaid works. However, the said amount has not been paid. 4. The learned Standing Counsel for the respondent-Corporation submits that the bills, which are due and payable to the petitioner, are admitted. 5. Considering the submissions, there shall be a direction to the respondents to verify and release the payments as expeditiously as possible preferably within a period of eight (08) weeks from the date of receipt of a copy of this order. 5 6. Accordingly, this Writ Petition is disposed off. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ____________________ JUSTICE HARINATH.N 04.08.2025 PNS