APHC010337032024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY,THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 17108/2024 Between: 1. SHAIK JOHN SAIDA, S/O.KASIM PEERA, AGED ABOUT 59 YEARS, OCC CONTRACTOR, R/O. 12-810, 3RD LINE, MADDI NAGAR, CHILAKALURIPET, GUNTUR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIEF SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE DIRECTOR OF MUNICIPAL ADMINISTRATION, GORANTLA, GUNTUR, GUNTUR DISTRICT. 4. CHILAKALURIPET MUNICIPALITY, REP. BY ITS COMMISSIONER, CHILAKALURIPET, PALNADU DISTRICT. 5. THE DEPUTY EXECUTIVE ENGINEER, CHILAKALURIPET MUNICIPALITY, CHILAKALURIPET, PALNADU DISTRICT. 6. THE DISTRICT TREASURY OFFICER, NARASARAOPET, PALNADU DISTRICT. 2 7. THE CHIEF EXECUTIVE OFFICER, AP CFMS OFFICE, 6TH FLOOR, C-BLOCK, ANJANEYA TOWERS, IBRAHIMPATNAM, 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 of mandamus or any other appropriate writ or direction declaring the action of the Respondents not releasing the amounts of Rs.4,55,563/- vide M Book No.65/2022-23 and Rs.2,21,465/- vide M Book No.70/2022-23, even after finalizing the bills, payable to the petitioner in relation to the works i.e., 1.Supply of manmazdoor and Hire basis for JCB, Zeep and sand bags for filling arrangements for watching with canal water from (Kottappa konda chamber to OLD and New SS Tanks) in Chilakaluripet Municipality, vide Agreement No. 109/2023-24, dated 18.07.2023 and 2.Repair of 160KV capacity Transformer at Head water works in pandaripur in Chilakaluripet vide Agreement No.326/2022-23,Municipality, dated 21.03.2023 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amounts of Rs.4,55,563/- vide M Book No.65/2022-23 and Rs.2,21,465/- vide M Book No.70/2022-23 with interest @24 percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith 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 please to direct the respondents to pay for payment of amount of Rs.4,55,563/- vide M Book No.65/2022-23 & Rs.2,21,465/- vide M Book No.70/2022-23 with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works i.e. 1.Supply of manmazdoor and Hire basis for JCB, Zeep and sand bags for filling arrangements for watching with canal water from (Kottappa konda chamber to OLD & New SS Tanks) in Chilakaluripet Municipality, vide Agreement No. 109/2023-24, dated 18.07.2023 & 2.Repair of 160KV capacity Transformer at Head water works in pandaripur in Chilakaluripet Municipality, vide Agreement No.326/2022-23, dated 21.03.2023, forthwith, pending disposal of the Writ Petition and pass. 3 Counsel for the Petitioner: 1. BATHALA RAMESH Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP 2. GP FOR FINANCE PLANNING The Court made the following: 4 ORDER:- The learned counsel for the petitioner submits that the petitioner was awarded two works i.e., 1) Supply of manmazdoor and Hire basis for JCB, Zeep and sand bags for filling arrangements for watching with canal water from (Kottappa Konda chamber to old and new SS tanks) in Chilakaluripet Municipality, vide Agreement No.109/2023-24, dated 18.07.2023; and 2) Repair of 160 KV Capacity Transformer at Head Water Works in Pandaripur in Chilakaluripet Municipality, vide Agreement No.326/2022-23, dated 21.03.2023. 2. The learned counsel further submits that the petitioner duly executed the works and thereafter submitted final bills for an amount of Rs.4,55,563/- and Rs.2,21,465/-. It is submitted that the said final bills were duly endorsed by the competent authority. A statement detailing the works executed by the petitioner was prepared, and the progress of the works was recorded in the M-book. 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 and Urban Development, the learned Standing Counsel for the Municipality and the learned Assistant Government Pleader for Finance and Planning. 5 4. During the course of hearing, the learned Standing Counsel appearing for the Municipality does not dispute the submissions made by the petitioner with respect to the completion of work undertaken. 5. Considering the submissions, the concerned respondents are hereby directed to verify and release the payments due payable to the petitioner as expeditiously as possible preferably within a period of four (04) weeks from the date of receipt of a copy of this order. 6. Accordingly, the Writ Petition is disposed off. No order as to costs. Pending interlocutory applications, if any, shall stand closed. ____________________ JUSTICE HARINATH.N Dt.12.09.2025 SR