1 APHC010425142024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 22097/2024 Between: 1. M/S. RK CONSTRUCTIONS,, VANAMTHOPU, SULLURPETA, TIRUPATI DISTRICT. REPRESENTED BY ITS PROPRIETOR M. KALPANA. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION DEPARTMENT, A.P. SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI. 2. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT A.P. SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI 3. THE COMMISSIONER AND DIRECTOR MUNICIPAL, ADMINISTRATION, A.P., GORANTIA, GUNTUR DISTRICT. 4. THE NAIDUPETA MUNICIPALITY, NAIDUPETA, TIRUPATI DISTRICT. REP BY ITS COMMISSIONER 5. THE ASSISTANT EXECUTIVE ENGINEER, NAIDUPETA MUNICIPALITY NAIDUPETA, TIRUPATI 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 2 pleased tomay be pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of MANDAMUS declaring the action of the respondents in not releasing payment for the bills to the petitioner for the work executed by him namely i) Providing Lighting with Poles to Ambedkar Bhavan in Naidupeta under agreement No. 82/2023-24, Dated. 08.01.2024 for an amount of Rs. 4,87,945/-, ii) Providing New Electrification to Main hall Ambedkar Bhavan in Naidupeta under Agreement No. 86/2023-24, Dated. 09.01.2024 for an amount of Rs. Rs. 4,90,662/-, iii) Providing Electrification to false ceiling with Lights and wiring to Ambedkar Bhavan in Naidupeta under Agreement No. 85/2023-24, Dated. 09.01.2024 for an amount of Rs. 4,28,141/-, iv) Providing Channels and Girders for Dining Hall to Ambedkar Bhavan in Naidupeta under Agreement No. 81/2023-24, Dated. 81/2023-24, Dated. 09.01.2024 for an amount of Rs. 4,78,095/-, v) Providing Gl sheet Roofing in Carider at Ambedkar Bhavan in Naidupeta under Agreement No. 84/2023-24, Dated. 09.01.2024 for an amount of Rs. 4,95,574/- and vi) Providing Gl Sheet Roofing for Dining hall to Ambedkar Bhavan in Naidupeta under Agreement No. 83/2023-24, Dated. 09.01.2024 for an amount of Rs. 4,40,125/-, as illegal, arbitrary, malafidy, high-handed, and contrary to the procedure established by law apart from being voilative of Articles 14 and 19 (1) (g) of the Constitution of India and consequentially direct the respondents to release the payment of above bill along with interest forthwith in the interest of justice 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 may be pleased to direct the respondents to pay the bill of the petitioner for the work executed by him namely ii) Providing Lighting with Poles to Ambedkar Bhavan in Naidupeta under agreement No. 82/2023-24, Dated. 08.01.2024 for an amount of Rs. 4,87,945/-, ii) Providing New % Electrification to Main hall Ambedkar Bhavan in Naidupeta under Agreement No. 86/2023-24, Dated. 09.01.2024 for an amount of Rs. Rs. 4,90,662/-, iii) Providing Electrification to false ceiling with Lights and wiring to Ambedkar Bhavan in Naidupeta under Agreement No. 85/2023- 24, Dated. 09.01.2024 for an amount of Rs. 4,28,141/-, iv) Providing Channels and Girders for Dining Hall to Ambedkar Bhavan in Naidupeta Dated. 81/2023-24, Dated.under Agreement No. 81/2023-24 09.01.2024 for an amount of Rs. 4,78,095/-, v) Providing Gl sheet Roofing in Carider at Ambedkar Bhavan in Naidupeta under Agreement No. 84/2023-24, Dated. 09.01.2024 for an amount of Rs. 4,95,574/- and vi) Providing Gl Sheet Roofing for Dining hall to 3 Ambedkar Bhavan in Naidupeta under Agreement No. 83/2023-24, Dated. 09.01.2024 for an amount of Rs. 4,40,125/-, pending disposal of the Writ Petition and to pass Counsel for the Petitioner: 1. KAMBHAMPATI RAMESH BABU Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING 2. GP FOR MUNCIPAL ADMN URBAN DEV 3. N RANGA REDDY (SC MC RSEEMA SPSR NLR) 4 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 22097 of 2024 ORDER: 1. The learned counsel for the petitioner submits that the respondent - Corporation had invited tenders for the works viz., (i) Providing Lighting with Poles to Ambedkar Bhavan in Naidupeta under agreement No.82/2023-24 Dated 08.01.2024 for an amount of Rs 4,87,945/- (ii) Providing New Electrification to Main hall Ambedkar Bhavan in Naidupeta under Agreement No.86/2023-24 Dated 09.01.2024 for an amount of Rs.4,90,662/- (iii) Providing Electrification to false ceiling with Lights and wiring to Ambedkar Bhavan in Naidupeta under Agreement No.85/2023- 24 Dated 09.01.2024 for an amount of Rs.4,28,141/- (iv) Providing Channels and Girders for Dining Hall to Ambedkar Bhavan in Naidupeta under Agreement No.81/2023-24 Dated 81/2023-24 Dated 09.01.2024 for an amount of Rs.4,78,095/- (v) Providing Gl sheet Roofing in Carider at Ambedkar Bhavan in Naidupeta under Agreement No.84/2023-24 Dated 09.01.2024 for an amount of Rs.4,95,574/- and (vi) Providing Gl Sheet Roofing for Dining hall to Ambedkar Bhavan in Naidupeta under Agreement No.83/2023-24 Dated 09.01.2024 for an amount of Rs.4,40,125/-, respectively. 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:08.09.2025 NKA 6 215 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 22097 of 2024 Date: 08.09.2025 NKA