1 APHC010101772025 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: 5308/2025 Between: 1. CH MURALI KRISHNA, S/O. BASKAR RAO AGE 48 YEARS, R/O. D. NO. 23-173/2, 22ND WARD KHARKHANA STREET, VENKATAGIRI TWON, TIRUPATI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPALITIES AND URBAN DEVELOPMENT DEPARTMENT, A.P. SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, , REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, TIRUPATI DISTRICT AT TIRUPATI 4. THE VENKATAGIRI MUNICIPALITY, VENKATAGIRI, TIRUPATI DISTRICT. REP BY ITS COMMISSIONER 5. THE DEPUTY EXECUTIVE ENGINEER, VENKATAGIRI MUNICIPALITY VENKATAGIRI, 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 2 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) Laying of CC Roads from Yalla Venkata Seshamma house to Ele Pole No. SS4/A6/N7/4 and from Gourabathina Kalahasti house to Ele Pole No. SS-16/A8 in Be Colony 2nd Ward in Venkatagiri Municipality under agreement No. 74/2023- 24, Dated. 19.10.2023 for an amount of Rs. 4,75,474/-, ii) Laying of CC Road from Anjaneya Swamy temple to Existing CC Road (North side) in Be Colony 2nd Ward in Venkatagiri Municipality under Agreement No. 76/2023-24, Dated. 19.10.2023 for an amount of Rs. 4,79,383/-, iii) Laying of CC Road from Gourabathina Paramesh house to Sajja Venkata Subbaiah house in Manulalapeta in 10th Ward in Venkatagiri Municipality under agreement No. 85/2023-24, Dated. 26.10.2023 for an amount of Rs. 4,52,701/-, iv) Laying of CC Road from Sajja malleswari house to Doddiparthi Subbarayulu house in Parasurama Colony in 10th Ward in Venkatagiri Municipality under agreement No. 84/2023-24, Dated. 26.10.2023 for an amount of Rs. 4,86,285/-, v) Laying of CC Road from Rana Chanthini house to Rana Krishnaveni house in Parasurama Colony in 10th Ward Venkatagiri Municipality under agreement No. 83/2023-24, Dated. 26.10.2023, Dated 19.01.2024 for an amount of Rs. 4,86,286/-, vi) Laying of CC Road from Kasula Srinvasulu house to Bodagala Muniramaiah house in tolimitta, Venkatagiri Municipality under agreement No. 101/2023- 24, Dated. 28.10.2023 for an amount of Rs. 4,89,259/-, vii) Laying of CC Road from Muppala Krishnaiah house (Hanuman Nagar ELSR Compound wall to Karupuswamy Rajarathnam house in Tolimitta at in 15th Ward under agreement No. 100/2023-24, Dated. 28.10.2023 for an amount of Rs. 4,90,998/-, viii) Construction of CC Drain from Kasipeta Bus Shulter to Sri. Swamy medical and Fancy Kasipeta Center 16th Ward of Venkatagiri Municipality under agreement No. 103/2023- 24, Dated. 31.10.2023, for an amount of Rs. 3,65,301/-, Construction of CC Drain from Guggilla Koteswara Rao house up to DVS Kalyana Mandapam, Tajamahal Steet in 16th Ward under agreement No. 81/2022-23, Dated. 16.02.2023 for an amount of Rs. 4,49,154/-, x) Laying of CC Road from Rafi Bike Seat Cover shop to Mutyala Sundaramma house opposite spanda Office road 16th ward ix) of Venkatagiri Municipality under agreement No. 102/2023-24, Dated. 31.10.2023 for an amount of Rs. 3,84,471/-, xi) Construction of CC Drain from Sri Swamy medical and Fancy to Karimulla Tea Shop, kasipeta Center in 16th Ward of Venkatagiri Municipality under agreement No. 104/2023-24, Dated. 31.10.2024 for an amount of Rs. 2,79,563/-, xii) Construction of CC Drain from Amuluru Bhaskar House to towards Agartha Kaluva and laying CC Road from A Sakunthalamma house to S Gopal Naidu house in 22nd Ward in 3 Venkatagiri Municipality under Agreement No. 57/2023-24, Dated. 16.10.2023 for an amount of Rs. 4,19,554/-, xiii) Construction of CC Drain from Existing drain Beside Balasavari thota in 25th Ward venkatagiri Municipality under Agreement No. 122/2023-24, Dated. 20.12.2023 for an amount of Rs. 4,89,809/-, xiv) Construction of CC Drain from ITI College Road (Rapur Road Junction) Eswaraiah Thota in 25th Ward Venkatagiri Municipality under Agreement No. 120/2023- 24, Dated. 20.12.2023 for an amount of Rs. 4,90,117/- and xv) Construction of CC Drain from MRO Office up to kasipeta mandapam in south Street, 16th Ward of Venkatagiri Municipality under Agreement No. 80/2022-23, 16.02.2023 for an amount of Rs. 3,83,571/- (total amount of Rs. 66,21,923/-) 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 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 pleased to direct the respondents to pay the bill of the petitioner for the works executed by him namely i.e. . i) Laying of CC Roads from Yalla Venkata Seshamma house to Ele Pole No. SS4/A6/N7/4 and from Gourabathina Kalahasti house to Ele Pole No. SS-16/A8 in Be Colony 2nd Ward in Venkatagiri Municipality under agreement No. 74/2023- 24, Dated. 19.10.2023 for an amount of Rs. 4,75,474/-, ii) Laying of CC Road from Anjaneya Swamy temple to Existing CC Road (North side) in Be Colony 2nd Ward in Venkatagiri Municipality under Agreement No. 76/2023-24, Dated. 19.10.2023 for an amount of Rs. 4,79,383/-, iii) Laying of CC Road from Gourabathina Paramesh house to Sajja Venkata Subbaiah house in Manulalapeta in 10th Ward in Venkatagiri Municipality under agreement No. 85/2023-24, Dated. 26.10.2023 for an amount of Rs. 4,52,701/-, iv) Laying of CC Road from Sajja malleswari house to Doddiparthi Subbarayulu house in Parasurama Colony in 10th Ward in Venkatagiri Municipality under agreement No. 84/2023-24, Dated. 26.10.2023 for an amount of Rs. 4,86,285/-, v) Laying of CC Road from Rana Chanthini house to Rana Krishnaveni house in Parasurama Colony in 10th Ward Venkatagiri Municipality under agreement No. 83/2023-24, Dated. 26.10.2023, Dated 19.01.2024 for an amount of Rs. 4,86,286/-, vi) Laying of CC Road from Kasula Srinvasulu house to Bodagala Muniramaiah house in tolimitta, Venkatagiri Municipality under agreement No. 101/2023- 24, Dated. 4 28.10.2023 for an amount of Rs. 4,89,259/-, vii) Laying of CC Road from Muppala Krishnaiah house (Hanuman Nagar ELSR Compound wall to Karupuswamy Rajarathnam house in Tolimitta at in 15th Ward under agreement No. 100/2023-24, Dated. 28.10.2023 for an amount of Rs. 4,90,998/-, viii) Construction of CC Drain from Kasipeta Bus Shulterto Sri. Swamy medical & Fancy Kasipeta Center 16th Ward of Venkatagiri Municipality under agreement No. 103/2023- 24, Dated. 31.10.2023, for an amount of Rs. 3,65,301/- Construction of CC Drain from Guggilla Koteswara Rao house up to DVS Kalyana Mandapam, Tajamahal Steet in 16th Ward under ix) & agreement No. 81/2022-23, Dated. 16.02.2023 for an amount of Rs. 4,49,154/-, x) Laying of CC Road from Rafi Bike Seat Cover shop to Mutyala Sundaramma house opposite spanda Office road 16th ward of Venkatagiri Municipality under agreement No. 102/2023-24, Dated. 31.10.2023 for an amount of Rs. 3,84,471/-, xi) Construction of CC Drain from Sri Swamy medical & Fancy to Karimulla Tea Shop, kasipeta Center in 16th Ward of Venkatagiri Municipality under agreement No. 104/2023-24, Dated. 31.10.2024 for an amount of Rs. 2,79,563/-, xii) Construction of CC Drain from Amuluru Bhaskar House to towards Agartha Kaluva and laying CC Road from A Sakunthalamma house to S Gopal Naidu house in 22nd Ward in Venkatagiri Municipality under Agreement No. 57/2023-24, Dated. 16.10.2023 for an amount of Rs. 4,19,554/-, xiii) Construction of CC Drain from Existing drain Beside Balasavari thota in 25th Ward venkatagiri Municipality under Agreement No. 122/2023-24, Dated. 20.12.2023 for an amount of Rs. 4,89,809/-, xiv) Construction of CC Drain from ITI College Road (Rapur Road Junction) Eswaraiah Thota in 25th Ward Venkatagiri Municipality under Agreement No. 120/2023- 24, Dated. 20.12.2023 for an amount of Rs. 4,90,117/- and xv) Construction of CC Drain from MRO Office up to kasipeta mandapam in south Street, 16th Ward of Venkatagiri Municipality under Agreement No. 80/2022-23, 16.02.2023 for an amount of Rs. 3,83,571/- (total amount of Rs. 66,21,923/-) pending disposal of the Writ Petition and to pass Counsel for the Petitioner: 1. KAMBHAMPATI RAMESH BABU Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP 2. GP FOR FINANCE PLANNING 5 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 5308 of 2025 ORDER: 1. The petitioner is aggrieved by 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) Laying of CC Roads from Yalla Venkata Seshamma house to Ele Pole No.SS4/A6/N7/4 and from Gourabathina Kalahasti house to Ele Pole No.SS16/A8 in Bc Colony 2nd Ward in Venkatagiri Municipality under agreement No.74/2023-24 Dated 19.10.2023 for an amount of Rs.4,75,474/- ii) Laying of CC Road from Anjaneya Swamy temple to Existing CC Road North side in Be Colony 2nd Ward in Venkatagiri Municipality under Agreement No 76/2023-24 Dated 19.10.2023 for an amount of Rs.4,79,383/- iii) Laying of CC Road from Gourabathina Paramesh house to Sajja Venkata Subbaiah house in Manulalapeta in 10th Ward in Venkatagiri Municipality under agreement No.85/2023-24 Dated 26.10.2023 for an amount of Rs.4,52,701/- iv) Laying of CC Road from Sajja malleswari house to Doddiparthi Subbarayulu house in Parasurama Colony in 10th Ward in Venkatagiri Municipality under agreement No.84/2023-24 Dated 26.10.2023 for an amount of Rs.4,86,285/- v) Laying of CC Road from Rana Chanthini house to Rana Krishnaveni house in Parasurama Colony in 10th Ward Venkatagiri Municipality under agreement No.83/202324 Dated 26.10.2023 Dated 19.01.2024 for an amount of Rs.4,86,286/- vi) Laying of CC Road from Kasula Srinvasulu house to Bodagala Muniramaiah 6 house in tolimitta Venkatagiri Municipality under agreement No.101/2023-24 Dated 28.10.2023 for an amount of Rs.4,89,259/- vii) Laying of CC Road from Muppala Krishnaiah house Hanuman Nagar ELSR Compound wall to Karupuswamy Rajarathnam house in Tolimitta at in 15th Ward under agreement No 100/2023-24 Dated 28.10.2023 for an amount of Rs.4,90,998/- viii) Construction of CC Drain from Kasipeta Bus Shulter to Sri Swamy medical and Fancy Kasipeta Center 16th Ward of Venkatagiri Municipality under agreement No.103/2023-24 Dated 31.10.2023 for an amount of Rs.3,65,301/- Construction of CC Drain from Guggilla Koteswara Rao house up to DVS Kalyana Mandapam Tajamahal Steet in 16th Ward under agreement No.81/2022-23 Dated 16.02.2023 for an amount of Rs.4,49,154/- x) Laying of CC Road from Rafi Bike Seat Cover shop to Mutyala Sundaramma house opposite spanda Office road 16th ward ix) of Venkatagiri Municipality under agreement No.102/2023-24 Dated 31.10.2023 for an amount of Rs.3,84,471/- xi) Construction of CC Drain from Sri Swamy medical and Fancy to Karimulla Tea Shop kasipeta Center in 16th Ward of Venkatagiri Municipality under agreement No.104/2023-24 Dated 31.10.2024 for an amount of Rs.2,79,563/- xii) Construction of CC Drain from Amuluru Bhaskar House to towards Agartha Kaluva and laying CC Road from A Sakunthalamma house to S Gopal Naidu house in 22nd Ward in Venkatagiri Municipality under Agreement No.57/2023-24 Dated 16.10.2023 for an amount of Rs.4,19,554/- xiii) Construction of CC Drain 7 from Existing drain Beside Balasavari thota in 25th Ward venkatagiri Municipality under Agreement No.122/2023-24 Dated 20.12.2023 for an amount of Rs.4,89,809/- xiv) Construction of CC Drain from ITI College Road Rapur Road Junction Eswaraiah Thota in 25th Ward Venkatagiri Municipality under Agreement No.120/2023-24 Dated 20.12.2023 for an amount of Rs.4,90,117/- and xv) Construction of CC Drain from MRO Office up to kasipeta mandapam in south Street 16th Ward of Venkatagiri Municipality under Agreement No.80/2022-23, dated 16.02.2023 for an amount of Rs.3,83,571/- total amount of Rs 66,21,923/. 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 8 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, 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. 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 9 296 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 5308 of 2025 Date: 25.09.2025 NKA