1 APHC010422322024 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: 21666/2024 Between: 1. NAGIREDDY CHANDRA SEKHAR REDDY,, S/O. VENKU REDDY AGE 63 YEARS, OCC CONTRACTOR R/O. JUVVALAPALEM VILLAGE, NAIDUPETA MANDAL SPSR NELLORE DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION DEPARTMENT, A.P. SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT SECRETARIAT,VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 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 pleased topleased 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 works executed by him namely i.e. i) Construction of CC Drain from K.Pratahap Reddy House to Door No. 4- 1-69 at Shram Nagar, in Ward No. 4 under agreement No. 49/2023, Dated 25.08.2023 for an amount of Rs.4,94995/-. ii) Construction of CC Drain from A.Asha house to N. Deepa House at MR Nagar in Ward No. 4under Agreement No. 47/2023-24, Dated 25.08.2023 for an amount of Rs. 4,95,205/-, iii) Construction of CC Drain from T. Venmulaiah house to T. 2 Iragalamma house at Batti Vidtha ST Colony in Ward No. 4 under agreement No. 48/2023-24, Dated 25.08.2023 for an amount of Rs. 4,95,034/-, iv) Providing GSB at Jagannan Housing Colony in Ayyapa Reddy Palem Layout under agreement No. 23/2023-24, Dated 21.04.2023 for an amount of Rs. 4,49,652/-, v) Providing GSB from Venkatagiri Road to Electrical Pole No. BGC/A7 at Balaji Green Cityaunder agreement No. 22/2023-24, Dated 21.04.2023 for an amount of Rs. 4,79,756/-, vi) Construction of Internal CC Road at BD Colony under agreement No. 111/2023-24, Dated 04.04.2023 for an amount of Rs. 1,74,598/-, vii) Construction of Compound wall from Danaraju House to OELM School at Beripeta under agreement No. 77/2023- 24, Dated 09.01.2024 for an amount of Rs. 4,54,864/-, viil) Gravelleing the road from Juvvalapalem SC Colony to Juvvalapaalem Village under agreement No. 69/2023-24, Dated 02.08.2023 for an amount of Rs. 4,95,000/-, ix) Construction of Compound wall from Dasaradarami Reddy house to Lie Office at Arumugam Nagar under agreement No. 78/2023- 24, Dated 09.01.2024 for an amount of Rs. 4,48,612/-, x) Formation and Gravelleing the Internal Roads at Vinnamala SC Colony under agreement No. 88/2023-24, Dated 10.01.2024 for an amount of Rs. 4,59,351, xi) Avenue Plantation (1600 Nos) with Tree Guards, in 32 Colonies in Ward No. 01,02,03,04,05,06,14,17,18,19,20,20,21,22 and 25 under 1st instalment of 15th Finance Commission Basic Grante (United) for the year 2020-21 under agreement No. 23/2022-23, Dated 24.12.2022 for an amount of Rs. 3,75,015/- and xii) Providing Avenue Plantation along with tree Guards in Various Colonies in Naidupeta Municipality under - 2nd instalment of 15th Finance Commission Basic Grante (United) for the year 2020-21 under agreement No. 24/2022-23, Dated 24.12.2024 for an amount of Rs. 2,98,905/- 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 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 pleased to direct the respondents to pay the bill of the petitioner for the works executed by him namely i.e. . i) Construction of CC Dram fronn K Pratahap Reddy House to Door No. 4-1-69 at Shram Nagar, in War No. 4 under agreement No. 49/2023, Dated 25.08.2023 for an amount of Rs 4 94995/- ii) Construction of CC Drain from A.Asha house to N. Deepa House at MR 3 Nagar in Ward No. 4under Agreement No. 47/2023- 24, Dated 25.08.2023 for an amount of Rs. 4,95,205/-, iii) Construction of CC Drain from T. Venmulaiah house to T. Iragalamma house at Batti Vidtha ST Colony in Ward No. 4 under agreement No. 48/2023-24, Dated 25.08.2023 for an amount of Rs. 4,95,034/-, iv) Providing GSB at Jagannan Housing Colony in Ayyapa Reddy Palem Layout under agreement No. 23/2023-24, Dated 21.04.2023 for an amount of Rs. 4,49,652/-, v) Providing GSB from Venkatagiri Road to Electrical Pole No. BGC/A7 at Balaji Green Cityaunder agreement No. 22/2023-24, Dated 21.04.2023 for an amount of Rs. 4,79,756/-, vi) Construction of Internal CC Road at BD Colony under agreement No. 111/2023-24, Dated 04.04.2023 for an amount of Rs. 1,74,598/-, vii) Construction of Compound wall from Danaraju House to OELM School at Beripeta under agreement No. 77/2023-24, Dated 09.01.2024 for an amount of Rs. 4,54,864/-, viii) Gravelleing the road from Juvvalapalem SC Colony to Juvvalapaalem Village under agreement No. 69/2023-24, Dated 02.08.2023 for an amount of Rs. 4,95,000/-, ix) Construction of Compound wall from Dasaradarami Reddy house to LIC Office at Arumugam Nagar under agreement No. 78/2023-24, Dated 09.01.2024 for an amount of Rs. 4,48,612/-, x) Formation and Gravelleing the Internal Roads at Vinnamala SC Colony under agreement No. 88/2023-24, Dated 10.01.2024 for an amount of Rs. 4,59,351, xi) Avenue Plantation (1600 Nos) with Tree Guards, in 32 Colonies in Ward No. 01,02,03,04,05,06,14,17,18,19,20,20,21,22 & 25 under 1st instalment of 15th Finance Commission Basic Grante (United) for the year 2020-21 under agreement No. 23/2022-23, Dated 24.12.2022 for an amount of Rs. 3,75,015/- and xii) Providing Avenue Plantation along with tree Guards in Various Colonies in Naidupeta Municipality under - 2nd instalment of 15th Finance Commission Basic Grante (United) for the year 2020-21 under agreement No. 24/2022-23, Dated 24.12.2024 for an amount of Rs. 2,98,905/-, 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 MUNCIPAL ADMN URBAN DEV 2. Gudapati Lakshminarayana SC For Municipalities in Rayalaseema Region 3. GP FOR FINANCE PLANNING 4 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 21666 of 2024 ORDER: 1. 2,98,905/-, 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 MUNCIPAL ADMN URBAN DEV 2. Gudapati Lakshminarayana SC For Municipalities in Rayalaseema Region 3. GP FOR FINANCE PLANNING 4 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 21666 of 2024 ORDER: 1. The learned counsel for the petitioner submits that the respondent - Corporation had invited tenders for the works viz., (i) Construction of CC Drain from K.Pratahap Reddy House to Door No.4-1-69 at Sriram Nagar, in Ward No.4 under agreement No.49/2023, dated 25.08.2023 for an amount of Rs.4,94,995/-, (ii) Construction of CC Drain from A.Asha house to N.Deepa House at MR Nagar in Ward No.4 under Agreement No.47/2023-24, dated 25.08.2023 for an amount of Rs.4,95,205/-, (iii) Construction of CC Drain from T.Venmulaiah house to T.Iragalamma house at Batti Vidtha ST Colony in Ward No.4 under Agreement No.48/2023-24, dated 25.08.2023 for an amount of Rs.4,95,034/- (iv) Providing GSB at Jagannan Housing Colony in Ayyapa Reddy Palem Layout under agreement No.23/2023-24, dated 21.04.2023 for an amount of Rs.4,49,652/- (v) Providing GSB from Venkatafiri Road to Electrical Pole No.BGC/A7 at Balaji Green City under Agreement No.22/2023- 24, dated 21.04.2023 for an amount of Rs.4,79,756/-, (vi) Construction of Internal CC Road at BD Colony under Agreement No.111/2023-24, dated 04.04.2023, for an amount of Rs.1,74,598/- (vii) Construction of Compound Wall from Danaraju House to OELM School at Beripeta under agreement No.77/2023-24, dated 09.01.2024 for an amount of Rs.4,54,864/- (viii) Gravelling the road from Juvvalapalem SC Colony to Juvvalapaalem Village under agreement No.69/2023-24, dated 02.08.2023 for an amount of Rs.4,95,000/- (ix) Construction of Compound wall from Dasaradarami Reddy 5 house to LIC Office at Arumugam Nagar under agreement No.78/2023-24, dated 09.01.2024 for an amount of Rs.4,48,612/- (x) Formation and Gravelling the internal roads at Vinnamala SC Colony under agreement No.88/2023-24, dated 10.01.2024 for an amount of Rs.4,59,351/- (xi) Avenue Plantation (1600 Nos) with Tree Guards in 32 Colonies in Ward No.01, 02, 03, 04, 05, 06, 14, 17, 18, 19, 20, 20, 21, 22 and 25 under 1st installment of 15th Finance Commissioner Basic (United) for the year 2020-21, under Agreement No.23/2022-23, dated 24.12.2022 for an amount of Rs.3,75,015/- and xii) Providing Avenue Plantation along with tree Guards in various colonies in Naidupeta Municipality under – 2nd installment of 15th Finance Commission Basic Grante (United) for the year 2020-21 under Agreement No.24/2022-23, dated 24.12.2024 for an amount of Rs.2,98,905/-, 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 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 6 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 2 and 5 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 of. No costs. Pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date:08.09.2025 NKA 7 214 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 21666 of 2024 Date: 08.09.2025 NKA