1 APHC010477952025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 25202/2025 Between: 1. M/S MAKK INFRA, FLAT NO. 212, B-BLOCK, SRMT APARTMENTS RAMANAYYAPETA, SARPAVARAM JUNCTION, KAKINADA, KAKINADA DISTRICT. REPRESENTED BY ITS MANAGING PARTNER KASILANKA SRI RANGATEJA. 2. KASILANKA SRI RANGATEJA,, S/O. MADHU KUMAR, AGED 33 YEARS, OCC CONTRACTOR, R/O. H.NO. 6-43, MAIN ROAD,MADUGU CENTER, PONNAMANDA VILLAGE,RAZOLE MANDAL, DR. B.R. AMBEDKAR KONASEEMA DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATI, THULLUR MANDAL, GUNTUR DISTRICT. 2. STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, THULLUR MANDAL, GUNTUR DISTRICT. 3. THE DIRECTOR OF WORKS AND ACCOUNT OFFICER, NIDHI BHAVAN, MANGALAGIRI IT PARK, BEHIND APIIC BUILDING, MANGALAGIRI, GUNTUR DISTRICT. 4 4. THE ENGINEERINCHIEF, PUBLIC HEALTH PUBLIC HEALTH AND MUNICIPAL ENGINEERING (PHMED), AP, TADEPALLI, GUNTUR DISTRICT. 5. THE TADEPALLIGUDEM MUNICIPALITY, REPRESENTED BY ITS COMMISSIONER, TADEPALLIGUDEM, WEST GODAVARI DISTRICT. 6. SUPERINTENDING ENGINEER PH, PUBLIC HEALTH CIRCLE, 2 PUBLIC HEALTH AND MUNICIPAL ENGINEERING (PHMED) DEPARTMENT, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT. 7. THE EXECUTIVE ENGINEER PH, PUBLIC HEALTH DIVISION, ELURU, PUBLIC HEALTH AND MUNICIPAL ENGINEERING (PHMED) DEPARTMENT, ELURU 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 toleased to issue a Writ, Order, or Direction more particularly one in the nature of WRIT OF MANDAMUS or any other appropriate writ or direction declaring the action of the respondents in not releasing the payments for the works i.e., Tadepalligudem Municipality- Construction of Additional Filtration Plant of 11 MLD Capacity to Provide Water Supply to NIT (National Institute of Technology) Tadepalligudem through the Agreement No. SE (P.H) RJVM L.S.Agt.No.09/2022, dated 12-12-2022 for an amount of Rs.74,00,000/- (1st Part bill) and Rs.2,34,17,107/- (2nd Part and Final bill) totaling an amount of Rs.3,08,17,107/- as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondent authorities to release Rs.3,08,17,107/- forthwith for the above said works executed by the Petitioners and pass 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 Counsel for the Petitioner(S): 1. RAMBABU KOPPINEEDI 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: 25202 of 2025 ORDER: 1. The petitioner is aggrieved by the action of the respondents in not releasing the payments for the works i.e., Tadepalligudem Municipality Construction of Additional Filtration Plant of 11 MLD Capacity to Provide Water Supply to NIT National Institute of Technology Tadepalligudem through the Agreement No.SE (P.H) RJVM L.S.Agt.No.09/2022 dated 12.12.2022 for an amount of Rs.74,00,000/- 1st Part bill and Rs.2,34,17,107/- 2nd Part and Final bill totaling an amount of Rs.3,08,17,107/-. 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. It is further submitted that the bills submitted by the petitioner have been duly uploaded in the Comprehensive Financial Management System (CFMS), as per the records. 4. 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. 5. 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. 6. Considering the submissions, respondent Nos.2, 3 and 4 are hereby directed to verify and release the payments due payable to the petitioner as expeditiously as possible preferably within a period of twelve (12) weeks from the date of receipt of a copy of this order. 7. Accordingly, the writ petition is disposed of. No costs. Pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date:23.09.2025 NKA 5 662 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 25202 of 2025 Date: 23.09.2025 NKA