1 APHC010423992025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 21930/2025 Between: 1. VIGNESWARA CONSTRUCTIONS, REP BY ITS MANAGING PARTNER, V SURESH REDDY, S/O V RAMAMJANEYA REDDY AGED 45 YEARS, R/O D.NO.25/27, SANJEEVA NAGAR, NANDYALA, KURNOOL DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPAL, ADMINISTRATION AND URBAN DEVELOPMENT SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR. 2. THE EXECUTIVE ENGINEER1, THE EXECUTIVE ENGINEER-1, MUNICIPAL CORPORATION,VIJAYAWADA, KRISHNA DISTRIC 3. THE SUPERINTENDING ENGINEER WORKS, THE SUPERINTENDING ENGINEER (WORKS), MUNICIPAL CORPORATION, VIJAYAWADA, KRISHNA DISTRICT 4. THE CHIEF ENGINEER, THE CHIEF ENGINEER MUNICIPAL CORPORATION, VIJAYAWADA, KRISHNA DISTRICT. 5. THE STATE OF ANDHRA PRADESH, THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 6. THE VIJAYAWADA MUNICIPAL CORPORATION, REP BY ITS COMMISSIONER, VIJAYAWADA, KRISHNA DISTRICT. R6 IS IMPLEADED AS PER THE COURT'S ORDER DT.30.08.2025 IN I.A.NO. 02 OF 2025. ...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 2 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 withholding the Part V and Final payments of pending amounts of Rs. 1,16,91,000 ( Rupees One Crore Sixteen Lakhs Ninety One Thousand only) which also includes price variation amount and other statutory amount additions, to bill payment payable to the petitioner in relation to the works i.e Construction of 1500KL Capacity ELSR Ramalingeswara nagar Opp.New STP and pumping main and distribution pipeline in 15 division in work Division -Hi area. With Reverse tendering process (Rc.EE3- 117141/2021), Agreement No.04/2022-23, dated09.06.2022.,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. 1,16,91,000/- ( Rupees One Crore Sixteen Lakhs Ninety One Thousand only) with interest 24 percentage per annum for the delayed amount till date of realization for the works executed by the petitioner and pass a 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 forthwith ( Rupees One Crore Sixteen Lakhs Ninety One Thousand only) payable to the petitioner herein, pending disposal of the writ petition and pass IA NO: 2 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 Implead the present Proposed Respondent No.6 The Vijayawada Municipal Corporation, Rep. by its Commissioner, Vijayawada, Krishna District in the above W.P.No.21930 of 2025 as Proposed Respondent’s No. 6 and to pass 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 3 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 21930 of 2025 ORDER: 1. The petitioner is aggrieved by the action of the Respondents in withholding the Part V and Final payments of pending amounts of Rs.1,16,91,000/- (Rupees One Crore Sixteen Lakhs Ninety One Thousand only) which also includes price variation amount and other statutory amount additions to bill payment payable to the petitioner in relation to the works i.e., Construction of 1500KL Capacity ELSR Ramalingeswara nagar Opp New STP and pumping main and distribution pipeline in 15 division in work Division Hi area With Reverse tendering process Rc.EE3117141/2021 Agreement No 04/202223 dated 09.06.2022. 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 4 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 eight (08) 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:08.09.2025 NKA 291 THE HONOURABLE SRI JUSTICE HARINATH.N 5 WRIT PETITION NO: 21930 of 2025 Date: 08.09.2025 NKA