1 APHC010564702024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 29751/2024 Between: 1. K V VENKATESWARA RAO, S/O PANDU RANGA RAO, AGED ABOUT 40 YEARS, R/O. D.N0.14/233-A, EDEPALLI, MACHILIPATNAM, KRISHNA DISTRICT, ANDHRA PRADESH - 521 001. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE DIRECTOR OF MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, GOVERNMENT OF ANDHRA PRADESH, MANGALAGIRI, GUNTUR DISTRICT. 4. THE DISTRICT COLLECTOR, KRISHNA DISTRICT, MACHILIPATNAM. 5. MACHILIPATNAM MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, MACHILIPATNAM, KRISHNA DISTRICT. 2 6. THE EXECUTIVE ENGINEER, MUNICIPAL CORPORATION, MACHILIPATNAM. KRISHNA DISTRICT. 7. THE DY EXECUTIVE ENGINEER, MUNICIPAL CORPORATION, MACHILIPATNAM. KRISHNA DISTRICT. 8. THE MUNICIPAL ASSISTANT ENGINEER, MUNICIPAL CORPORATION, MACHILIPATNAM. KRISHNA 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, declaring the action of the respondents in withholding amounts for work done even after completion of work and finalization of Bills payable to the petitioner in relation to the works under Gadapa Gadapaku Mana Prabhutvam for (i) Providing CC Drain and Road Restoration From EP No. 43/142 to EP No. 40/118 at Kokavari Street in Division No. 43 of Machilipatnam, for an amount of Rs.3,01,925/- vide work ID 1070-31787, (ii) Providing CC Road From Margani Jeevan House EP No. 5/300 to Peddi Venu Gopal House EP No. 5/270 in Chilakalapudi in Division No. 5 of Machilipatnam, for an amount of Rs.4,50,498/- vide work ID MAUD- 1070-30825, (iii) Providing CC Drain From Jayanandam House opposite EP No. 19/1 to new Railway Station in Division No. 19 of Machilipatnam, for an amount of Rs.93,332/- vide work ID MAUD-1070- 22474, (iv) Providing CC Road From Manginapudi Road Kureti Venkateswara Rao house EP No. 5/397 to Devara Janaki Rani House EP No. 5/383 in Circar Thota in Division No. 5 of Machilipatnam, for an amount of Rs.9,38,786/- vide work ID MAUD- 1070-30822, totaling to Rs. 17,84,541/-, as illegal, arbitrary and violative of Articles 14 and 21 of MAUD- the Constitution of India and consequently direct the respondent authorities to release the amounts with interest @ 24 PERCENT p.a. for the pending bills, forthwith for the above said works executed by the petitioner, as illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India and consequently direct the respondent authorities to release the amounts with interest @ 24PERCENT p.a. for the pending bills, forthwith for the above said works executed by the petitioner and pass IA NO: 1 OF 2024 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 3 Pleased to direct the respondents to release the to direct the respondents to release the pending amount with interest @ 24% p.a. in relation to the works executed by the petitioner under "Gadapa Gadapaku Mana Prabhutvam" for (i) Providing CC Drain and Road Restoration From EP No. 43/142 to EP No, 40/118 at Kokavari Street in Division No. 43 of Machilipatnam, for an amount of Rs.3,01,925/- vide work ID: MAUD-1070-31787 Providing CC Road From Margani Jeevan House EP No. 5/300 to Peddi Venu Gopal House EP No. 5/270 in Chilakalapudi in Division No. 5 of Machilipatnam, for an amount of Rs.4,50,498/- vide work 1070-30825, (iii) Providing CC Drain From Jayanandam House opposite EP No. 19/1 to new Railway Station in Division No. 19 of Machilipatnam, for an amount of Rs.93,332/- vide work ID; MAUD- 1070-22474 Providing CC Road From Manginapudi Road Kureti Venkateswara house EP No. 5/397 to Devara Janaki Rani House EP No. 5/383 in Circar Thota in Division No. 5 of Machilipatnam, for an amount of Rs.9,38,786/- vide work ID; MAUD-1070-30822, totaling to Rs. 17,84,541/- arbitrary and violative of Articles 14 and 21 of the Constitution of India and consequently direct the respondent authorities to amounts with interest @ 24% p.a. for the pending bills, forthwith for the above said works executed by the petitioner, pending disposal of petition and pass Counsel for the Petitioner: 1. AKULA VAMSI KRISHNA Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV 2. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) 3. GP FOR FINANCE PLANNING 4 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 29751 of 2024 ORDER: 1. The petitioner is aggrieved by the action of the respondents in withholding amounts for work done even after completion of work and finalization of Bills payable to the petitioner in relation to the works under Gadapa Gadapaku Mana Prabhutvam for i) Providing CC Drain and Road Restoration From EP No.43/142 to EP No.40/118 at Kokavari Street in Division No.43 of Machilipatnam for an amount of Rs.3,01,925/- vide work ID:107031787 ii) Providing CC Road From Margani Jeevan House EP No.5/300 to Peddi Venu Gopal House EP No.5/270 in Chilakalapudi in Division No.5 of Machilipatnam for an amount of Rs.4,50,498/- vide work ID:MAUD-1070-30825 iii) Providing CC Drain From Jayanandam House opposite EP No.19/1 to new Railway Station in Division No.19 of Machilipatnam for an amount of Rs.93,332/- vide work ID:MAUD-1070-22474 iv) Providing CC Road From Manginapudi Road Kureti Venkateswara Rao house EP No.5/397 to Devara Janaki Rani House EP No.5/383 in Circar Thota in Division No.5 of Machilipatnam for an amount of Rs.9,38 786/ vide work ID:MAUD-1070-30822 totaling to Rs.17,84,541/- . 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 5 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:25.09.2025 NKA 6 290 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 29751 of 2024 Date: 25.09.2025 NKA