IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 2255 OF 2025 Between: M/s NVG Constructions, Rep., by its Managing Partner, K. Viswanadh, S/o Hanume Gowdu, Aged about 38 years, Occ: Contractor, D.No. 2-5, 2"^^ Floor, Room No.1, Thotakanuma village, Venkatagiri Kota Mandal, Chittoor District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by Principal Secretary, Municipal Administration Department, Secretariat Buildings, Veiagapudi, Amaravathi. 2. Palamaner Municipality, Rep.by its Commissioner, Palamaner, Chittoor District. 3. The Deputy Executive Engineer, Palamaner Municipality, Chittoor District 4. The State of Andhra Pradesh, Rep. by its Principal Secretary Department of Finance and Planning, Secretariat Buildings, Veiagapudi Amaravathi, Guntur District. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents herein in withholding the payment of 1) Gross amount of Rs. 5,23,591/- in Net amount of Rs. 4,23,899/- and 2). Gross amount of Rs. 4,66,434/- in net amount of Rs. 3,77,625/- then totally an amount of Gross Rs. 9,90,025/- in Net amount of Rs. 8,01,524/-even after finalizing the bills payable to the petitioner in relation to the works i^e. 1). GGMP-HIW Laying of BT -Road at D.No. 11-183/10-12 to D.No.11-176/4-1 and D.No. 11-183/10-10 No. 10 and 02 in Palamaner Municipality vide Agreement No.61/2023-24, dt.30.01.2024, and 2). Work ie., GGMP-HIW Laying of BT Road from D.No. 11-176/40 to Anjaneyaswamy Temple in ward No.09 in Palamaner Municipality vide Agreement No:40/2023-24, dt.22.11.2023, is questioned, as fhe^^ame is illegal, arbitrary and violation of fundamental rights and consequently direct the respondents to consider for payment of balance amount of 1) Gross amount of Rs. 5,23,591/- in Net amount of Rs. 4,23,899/- and 2). Gross amount of Rs. 4,66,434/- in net amount of Rs. 3,77,625/- then totally an amount of Gross Rs. 9,90,025/- in Net amount of Rs. 8,01,524/- with interest @24% per annum for the delayed amount to the petitioner in respect of execution of above- mentioned work forthwith. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed 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 consider for payment of 1) Gross amount of Rs. 5,23,591/- in Net amount of Rs. 4,23,899/- and 2). Gross amount of Rs. 4,66,434/- in net amount of Rs. 3,77,625/- then totally an amount of Gross Rs. 9,90,025/- in Net amount of Rs. 8,01,524/- payable to the petitioner in relation to the works i.e. 1). GGMP-HIW: Laying of BT Road at D.No. 11-183/10-12 to D.No.11-176/4-1 and D.No. 11-183/10-10 No. 10 & 02 in Palamaner Municipality” vide Agreement No:61/2023-24, dt.30.01.2024, and 2). Work GGMP-HIW: Laying of BT Road from D.No. '11-176/40 to Anjaneyaswamy Temple in ward No.09 in Palamaner Municipality” vide Agreement No:40/2023-24, dt.22.11.2023, forthwith, pending disposal of the Writ Petition. Counsel for the PetitlonerrSRI. SURESH KUMAR REDDY KALAVA Counsel for the Respondent No.1: GP FOR MUNCIPAL ADMN URBAN DEV Counsel for the Respondent No’s. 2 & 3: MS V SIREESHA RANI Counsel for the Respondent No.4: GP FOR FINANCE & PLANNING The Court made the following ORDER: j * r 1 APHC010038962025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] FRIDAY ,THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 2255/2025 Between: ...PETITIONER M/s NVG Constructions, AND ...RESPONDENT{S) The State of Andhra Pradesh and others Counsel for the Petitioner: 1.SURESH KUMAR REDDY KALAVA Counsel for the Respondent{S): 1. GP FOR MUNCIPAL ADMN URBAN DEV 2,GP FOR FINANCE PLANNING The Court made the following: W' 2 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: .... to issue a writ or order or direction more particularly one in the nature of writ of mandamus declaring the action of the Respondents herein in withholding the payment of 1) Gross amount of Rs.5,23,591/- in Net amount of Rs.4,23,899/- and 2) Gross amount of Rs. 4,66,434/in net amount of Rs. 3,77,625/- then totally an amount of Gross Rs.9,90,025/- in Net amount of Rs.8,01,524/- even after finalizing the bills payable to the petitioner in relation to the works i.e., 1) GGMP-HIW: Laying of BT Road at D.No. 11-183/10-12 to D.No. 11-176/4-1 and D.No.11-183/10-10 No. 10 and 02 in Palamaner Municipality vide Agreement No.61/2023-24, dated 30.01.2024, and 2) Work i.e., GGMP-HIW: Laying of BT Road from D.No. 11-176/40 to Anjaneyaswamy Temple in ward No.09 in Palamaner Municipality vide Agreement No.40/2023-24, dated 22.11.2023, is questioned, as the same is illegal, arbitrary and violation of fundamental rights and consequently direct the respondents to consider for payment of balance amount of 1) Gross amount of Rs. 5,23,591/- in Net amount of Rs.4,23,899/- and 2) Gross amount of Rs.4,66,434/- in net amount of Rs.3,77,625/- then totally an amount of Gross Rs.9,90,025/- in Net amount of Rs.8,01,524/- with interest @ 24 percent per annum for the delayed amount to the petitioner in respect of execution of above mentioned work forthwith ” 2. Heard learned counsel for the petitioner, learned Government Pleader for Municipal Administration for respondent No.1, Ms.V.Sireesha Rani, for respondent respondents No.2 and 3 and learned Government Pleader for Finance and Planning for respondent No.4. 3. Learned counsel for the petitioner submits that even though respondents admitted that the petitioner is entitled for payment of the 3 aforesaid sum of money, no payment is being made and such non-payment of money is clearly arbitrary and high-handed and thereby requires interference by this Court. At the time of hearing, the learned Standing Counsel for respondents No.2 and 3 produced a copy of instructions of the Commissioner, Palamner Municipality, wherein it is stated that the Government had issued an administrative sanction order for payment towards the completed works under the GGMP Grant. Accordingly, measurements were recorded, and bills were 4. prepared as follows: . A bill for a gross amount of Rs. 5,23,591/- with a net amount of Rs.4,23,899/- was recorded in the M-book. • Another bill for a gross amount of Rs. 4,66,434/- with a net amount of Rs.3,77,625/- was also recorded in the M-book. However, the above said amounts were not adjusted to Palamner Municipality funds. It is further stated that once the funds are released by the Government to the Palamner Municipality, the bills will be paid to the petitioner. In view of the above instructions, since the bill amount claimed by the petitioner is an admitted bill, this Court feels it appropriate to dispose of the writ petition directing the respondents to release the net amount of Rs.4,23,899/- (Rupees four lakhs twenty three thousand eight hundred and ninety nine only) and Rs.3,77,625/- (Rupees three lakhs seventy seven 5. 4 1$^ thousand six hundred and twenty five only) to the three (3) months from the date of receipt of a copy of this order. Accordingly, the Writ Petition is disposed of. There shall be petitioner within a period of 6. no order as to costs. Miscellaneous petitions pending, if any, in this Writ Petition shaii stand closed. Sd/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// OFFICER SE To, 1. The Principal Secretary, Municipal Administration Department, State of Andhra Pradesh, Secretariat Buildings, Veiagapudi, Amaravathi. 2. The Commissioner,Palamaner Municipality, Palamaner District. 3. The Deputy Executive Engineer, Palamaner Municipality, Chittoor District 4. The Principal Secretary, Department of Finance and Planning, State of Andhra Pradesh, Secretariat Buildings, Veiagapudi, Amaravathi, Guntur District. 5. One CC to SRI. SURESH KUMAR REDDY KALAVA, Advocate [OPUC] 6. OneCCto MS V SIREESHA RANI, Advocate [OPUC] 7. Two CCs to GP FOR MUNCIPAL ADMN URBAN DEV, High Court Of Andhra Pradesh. [OUT] 8. Two CCs to GP FOR FINANCE & PLANNING, High Court Of Andhra Pradesh. [OUT] 9. Three CD Copies Chittoor PRK * HIGH COURT DATED:07/02/2025 ORDER WP.No.2255 of 2025 ANO^ 2" 15 MAR 2C25 ■px: Current Sactir>: DISPOSING OF THE W.P. WITHOUT COSTS