IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 9767 OF 2025 Between: 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 Department of Finance Planning, Secretariat Buildings, 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 Crder 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. 19,30,786/- (Nineteen Lakhs, Thirty Thousand, Seven Hundred and Eighty Six Rupees only ) even after finalizing the bills payable to the petitioner in relation to the works i. e Upradation of C.C Roads at madina street from 21-, 2-13/1 to 21-1-15,Gajula vari street and immandi vari street in 35*^ division of Kakinada municipal corporation GGMP, Agreement 24,Dated14.12.2023 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. 19,30,786/- (Nineteen Lakhs, Thirty Thousand, Seven Hundred and Eighty Six Rupees only ) with interest© 24% per annum for the delayed amount till date of realization for the works executed by the petitioner. no.235/2023- lA 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 to direct the respondents to pay the amounts of Rs. (Nineteen Lakhs, Thirty Thousand, Seven Hundred and Eighty Six Rupees only ) with interest @ 24%per annum for the delayed amount till date of realization for the works executed by the petitioner. — Counsel for the Petitioner: SRj DEVASRI ROSHAN KANCHARLA Counsel for the Respondent No.1: GP FOR MUNICIPAL ^ ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent Nos.2 & 3: SRI A.S.C.BOSE, SC FOR MUNICIPAL CORPORATIONS^ Counsel for the Respondent No.4: GP FOR FINANCE & PLANNING The Court made the following: ORDER 19,30,786/- APHC010185632025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 9767/2025 Between: 1.RAO SURESH, S/0. R. V. SURYA RAO AGE55 YEARS, R/0.2-11-13, 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 AND URBAN DEVELOPMENT, AMARAVATHI, ADMINISTRATION SECRETARIAT BUILDING, VELAGAPUDI, 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 DEPARTMENT OF FINANCE SECRETARIAT BUILDINGS, VELAGAPUDI, PRINCIPAL SECRETARY PLANNING AMARAVATHI, GUNTUR DISTRICT. ...RESPONDENT(S); 2 *7 Counsel for the Petitioner: 1.DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S): 1.GP MUNCIPAL ADMN AND URBAN DEV AP 2.GP FOR FINANCE PLANNING The Court made the following: THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.9767 of 2025 ORDER: The present Writ Petition is filed questioning the action of the Respondents in withholding the payments of pending amounts of Rs.19,30,786/- even after finalizing the bills payable to the Petitioner in relation to the works i.e. Upgradation of C.C. Roads at Madina Street from 21-2-13/1 to 21-1-15, Gajula Vari Street and Immandi Vari Street in 35*^ Division of Kakinada Municipai Corporation, GGMP vide Agreement No.235/2023-24, dated 14.12.2023, as illegal and ‘ arbitrary. 1. 2. Heard Sri Devasri Roshan K, learned counsel for the Petitioner ^ and Sri A.S.C. Bose, learned Standing Counsel appearing for the Respondent-Corporation. 3. The learned counsel for the Petitioner submits that Petitioner had completed the works within the time prescribed and the amounts are not being paid in spite of repeated demands. Hence, the present Writ Petition is filed. The learned Standing Counsel for the Respondent Corporation 4. passed on the signed instructions of the Commissioner, Municipal Corporation, Kakinada, wherein the execution of works and the ‘ 2 amounts due to the Petitioner are admitted and it was mentioned in the written instructions that the bill finalized and bill process completed in Pay & Accounts Department vide Bill No.2024-282208 for the amount of Rs.19,30,786/- which is waiting for the funds clearance by the Government. 5. Since the execution of works and the amounts due to the , Petitioner are not in dispute and considering that the Petitioner had executed the works long back, this Court is of the opinion that the Writ Petition can be disposed of with the following direction: (i) The Respondent authorities are directed to pay the amounts due to the Petitioner within a period of four (4) months from today, (ii) No order as to costs. 6. Accordingly, the Writ Petition is disposed of, by placing the written instructions on record. As a sequel, pending applications, if any, shall stand closed. Sd/- M RAMESH BABU DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Department of Municipal Administration and Urban Development, State of Andhra Pradesh, Secretariat Building, "" Velagapudi, Amaravathi, Guntur. 2. The Commissioner, Municipal Corporation, Kakinada 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. One CC to Sri Devasri Roshan Kancharla, Advocate [OPUC] One CC to Sri A.S.C. Bose, SC for Municipal Corporations[OP0C] Two CCs to GP for Municipal Administration and Urban Development High Court of Andhra Pradesh. [OUT] Two CCs to GP for Finance and Planning, High Court of Andhra Pradesh. [OUT] Three CD Copies. 5. 6. 7. 8. 9. ssb A,' . f , • HIGH COURT DATED:06/05/2025 ORDER WP.No.9767 of 2025 a 3 I JUL 2025 Co rwitSectioi DISPOSING OF THE W.P. WITHOUT COSTS