1 APHC010610992023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 31440/2023 Between: 1. M/S. SUDHAKARA INFRATECH PVT. LTD.,, FLAT NO. 304, METRO RESIDENCY RAJ BHAVAN ROAD HYDERABAD, TELANGANA REP BY IT'S POWER OF ATTORNEY HOLDER MR. VAKKALAGADA SURESH KUMAR. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION DEPARTMENT, A.P. SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI. 2. THE PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT GOVERNMENT OF ANDHRA PRADESH A.P. SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI 3. THE SPECIAL CHIEF SECRETARY TO THE GOVERNMENT HOUSING DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH A.P. SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI 4. THE ANDHRA PRADESH STATE HOUSING CORPORATION LIMITED, PLOT NO 11 85 12 BEHIND BSNL TELEPHONE EXCHANGE AUTO NAGAR, VIJAYAWADA REPRESENTED BY ITS MANAGING DIRECTOR 5. THE DISTRICT COLLECTOR, PRAKASAM DISTRICT ONGOLE 6. THE PROJECT DIRECTOR, HOUSING ONGOLE, PRAKASAM DISTRICT 7. THE SUPERINTENDING ENGINEER, PUBLIC HEALTH CIRCLE, NELLORE 8. THE EXECUTIVE ENGINEER, PUBLIC HEALTH DIVISION, ONGOLE, PRAKASAM DISTRICT ...RESPONDENT(S): 2 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 paying the approved 1ST and part Bill for an amount of Rs. 28,77,899/-, 2nd and Part Bill for an amount of Rs. 54,81,925/- and 86 Final Bill for an amount of Rs. 62,14,609/- towards the work executed by the petitioner i.e. 'Markapur Municipality - Providing Water Supply by drilling bore wells. Storage tank and necessary Pipelines for Construction activity under Pedalandariki lllu in Layout No. 088432LA000401 in Idupur - under agreement No. 12/2022-2023, Dated 04.06.2023 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 forth-with in the interest of justice and pass IA NO: 1 OF 2023 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 approved 1 & part Bill for an amount of Rs. 28,77,899/-, 2nd & Part Bill for an amount of Rs. 54,81,925/- and 3rd 85 Final Bill for an amount of Rs. 62,14,609/- towards the work executed by the petitioner i.e. “Markapur Municipality - Providing Water Supply by drilling bore wells, Storage tank and necessary Pipelines for Construction activity under Pedalandariki lllu in Layout No. 088432LA000401 in Idupur - 111” under agreement No. 12/2022-2023, Dated 04.06.2023, pending disposal of the Writ Petition and to pass Counsel for the Petitioner: 1. KAMBHAMPATI RAMESH BABU Counsel for the Respondent(S): 1. K MALLIKHARJUNA MOORTHY 2. GP FOR FINANCE PLANNING 3. GP FOR MUNCIPAL ADMN URBAN DEV 4. GP FOR HOUSING 3 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 31440 of 2023 ORDER: 1. The petitioner is aggrieved by the action of the respondents in not paying the approved 1st and part Bill for an amount of Rs.28,77,899/- 2nd and Part Bill for an amount of Rs.54,81,925/- and 3rd and Final Bill for an amount of Rs.62,14,609/- towards the work executed by the petitioner i.e., Markapur Municipality Providing Water Supply by drilling bore wells Storage tank and necessary Pipelines for Construction activity under Pedalandariki lllu in Layout No.088432LA000401 in Idupur under agreement No.12/2022-2023, Dated 04 06 2023. 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. The learned counsel appearing on behalf of the 8th respondent has submitted the counter affidavit in the matter and has acknowledged that the bills in question have been admitted by the respondent. 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 eight (08) 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:25.09.2025 NKA 5 272 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 31440 of 2023 Date: 25.09.2025 NKA