1 APHC010411992025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 21387/2025 Between: 1. CH SRINIVASA RAO, S/O. SATYANARAYANA, AGE 55 YEARS, H.NO. 23A-6-30/1, SANKARAMATAM VEEDHI RAMACHANDRRAOPETA, ELURU VANGAYAGUDEM, WEST GODAVARI. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, A.P. SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, A.P. SECRETARIAT BUILDING, VELAGAPUDI,AMARAVATHI. 3. THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, GUNTUR, GUNTUR DISTRICT. 4. THE ELURU MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, ELURU, ELURU DISTRICT. 5. THE COMMISSIONER, ELURU MUNICIPAL CORPORATION, ELURU , ELURU DISTRICT. 6. THE EXECUTIVE ENGINEER, ELURU MUNICIPAL CORPORATION ELURU, ELURU DISTRICT. 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 of Mandamus declaring the action of the respondents in not releasing the payments for the works It is further prayed that this Hon'ble Court may be pleased to direct the respondents to release an amount of Rs. 17,77,282/- with interest at 18percent for the work executed by the petitioner for providing (i) Providing CC road to the Bathula vari street from Ganganamma temple school road to Pulagamm vari street in 16th division through Agreement No 160/2023-24, Dt No 29/11/2023 for an amount of Rs. 4,03,796/-, (ii) Providing CC Approch road to Madda vari street from to wards pulgam vari street East in 16th division through Agreement No 161/2023-24, Dt No 29/11/2023 for an amount of Rs. 1,70,855/-, (iii) Providing CC road to the Opp Singarappa swamy temple to towards south in 16th division through Agreement No 162/2023-24, Dt No 29/11/2023 for an amount of Rs. 2,96,899/-, (iv) Providing CC road to the Madda vari street from Ganganamma temple school road to pulgam vari street in 16th division through Agreement No 163/2023-24, Dt No 29/11/2023 for an amount of Rs. 3,57,358/-, (v) Providing CC Approch to the east side bit from Pulagam vari street towards to East in 16th division through Agreement No 164/2023-24, Dt No 29/11/2023 for an amount of Rs. 2,04,174/-, and (vi) Providing CC road to the Pulagam vari street from Chepala chettu BT road towards Sai swamy temple road in 16th division through Agreement No 165/2023-24, Dt No 29/11/2023 for amount of Rs. 3,44,200/- totaling an amount of Rs. 17,77,282/- is illegal, arbitrary and contrary to law and un constitution and violation of Article 14 of Constitution of India and consequently direct the respondents to release amount of Rs. 17,77,282/- with 18percent Per annum to the petitioner in respect of the execution of aforementioned work forthwith and to 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 the respondents to release an amount of Rs. 17,77,282/- with interest at 18% for the work executed by the petitioner for (i) Providing CC road to the Bathula vari street from Ganganamma temple school road to Pulagamm vari street in 16th division through Agreement No: 160/2023-24, Dt No: 29/11/2023 for an amount of Rs. 4,03,796/-, (ii) Providing CC Approch 3 road to Madda vari street from to wards pulgam vari street East in 16th division through Agreement No: 161/2023-24, Dt No: 29/11/2023 for an amount of Rs. 1,70,855/-, (iii) Providing CC road to the Opp: Singarappa swamy temple to towards south in 16th division through Agreement No: 162/2023-24, Dt No: 29/11/2023 for an amount of Rs. 2,96,899/-, (iv) Providing CC road to the Madda vari street from Ganganamma temple school road to pulgam vari street in 16th division through Agreement No: 163/2023- 24, Dt No: 29/11/2023 for an amount of Rs. 3,57,358/-, (v) Providing CC Approch to the east side bit from Pulagam vari street towards to East in 16th division through Agreement No: 164/2023-24, Dt No: 29/11/2023 for an amount of Rs. 2,04,174/-, and (vi) Providing CC road to the Pulagam vari street from Chepala chettu BT road towards Sai swamy temple road in 16 division through Agreement No: 165/2023-24, Dt No: 29/11/2023 for an amount of Rs. 3,44,200/-, and to pass Counsel for the Petitioner: 1. MARELLA RADHA Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV 2. GP FOR FINANCE PLANNING 4 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 21387 of 2025 ORDER: 1. The petitioner is aggrieved by the action of the respondents in not releasing the payments for the works i) Providing CC road to the Bathula vari street from Ganganamma temple school road to Pulagamm vari street in 16th division through Agreement No.160/2023-24 Dt No: 29/11/2023 for an amount of Rs.4,03,796/- ii) Providing CC Approch road to Madda vari street from to wards pulgam vari street East in 16th division through Agreement No.161/2023-24 Dt No:29/11/2023 for an amount of Rs.1,70,855/- iii) Providing CC road to the Opp Singarappa swamy temple to towards south in 16th division through Agreement No.162/2023-24 Dt No.29/11/2023 for an amount of Rs.2,96,899/- iv) Providing CC road to the Madda vari street from Ganganamma temple school road to pulgam vari street in 16th division through Agreement No.163/2023-24 Dt No.29/11/2023 for an amount of Rs.3,57,358/- v) Providing CC Approch to the east side bit from Pulagam vari street towards to East in 16th division through Agreement No.164/202324 Dt No:29/11/2023 for an amount of Rs.2,04,174/- and vi) Providing CC road to the Pulagam vari street from Chepala chettu BT road towards Sai swamy temple road in 16th division through Agreement No.165/2023-24 Dt No:29/11/2023 for amount of Rs.3,44,200/- totaling an amount of Rs 17,77,282/-. 5 2. The learned counsel further submits that the petitioner duly executed all the works and thereafter submitted final bills. It is submitted that the final bills were duly endorsed by the competent authority. A statement detailing the works executed by the petitioner was prepared, progress of the work was recorded in the M-book and the final quality certificates were also issued in confirmation of due completion. However, in spite of the completion of all procedural formalities, the payment towards the completed works has not been released till date. 3. Heard the submissions of the learned counsel for the petitioner, the learned Government Pleader for Municipal Administration & Urban Development, the learned Standing Counsel for the Corporation and the learned Assistant Government Pleader for Finance and Planning. 4. During the course of hearing, the learned Standing Counsel appearing for the Corporation does not dispute the submissions made by the petitioner with respect to the completion of the work undertaken. 5. Considering the submissions, respondents are hereby directed to verify and release the payments due payable to the petitioner as expeditiously as possible preferably within a period of six (06) weeks from the date of receipt of a copy of this order. 6. Accordingly, the writ petition is disposed of. No costs. Pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date:24.09.2025 NKA 6 380 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 21387 of 2025 Date: 24.09.2025 NKA