APHC010552862025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY, THE SEVENTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 28745/2025 Between: 1. VAJRAPU CONSTRUCTIONS, REP. BY ITS MANAGING PARTNER, VAJRAPU SRINIVASA RAO, S/O- RAMARAO, AGEG-60. ADDRESS- D.NO.9-3-68, KODANDARAMA TEMPLE, SH 173, KATHULAGUDEM, PITHAPURAM, KAKINADA DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, DEPT, OF MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE COMMISSIONER AND DIRECTOR, DEPT, OF MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, VADDESWARAM, GUNTUR DISTRICT. 4. THE PITHAPURAM MUNICIPALITY, REP. BY ITS COMMISSIONER, PITHAPURAM, KAKINADA 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 toleased to issue a writ, order or direction more particularly one in the nature of Mandamus declaring the action of the Respondents in withholding the payment of amount of Rs.34,90,799/- (Rupees Thirty Four Lakh Ninety Thousand Seven Hundred and Ninety Nine only) payable to the petitioner in relation to 4 works executed within the limits of 4th respondent as nominated by Municipal Council, Pithapuram sanctioned under General Funds 2023-24 and under 15th commission grant of 4th respondent as illegal, arbitrary and violative of Article 14 and 21 of the Constitution of India apart from Principles of Natural Justice and consequently direct the respondents to forthwith disburse the amount of Rs.34,90,799/- (Rupees Thirty Four Lakh Ninety Thousand Seven Hundred and Ninety Nine only) with interest @24percentage per annum to the petitioner in respect of above-mentioned work 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 please to direct the respondents to forthwith release the payment of Rs.34,90,799/- (Rupees Thirty Four Lakh Ninety Thousand Seven Hundred and Ninety Nine only) payable to the petitioner in relation to 4 works executed within the limits of 4th respondent as nominated by Municipal Council, Pithapuram sanctioned under General Funds 2023-24 and under 15thcommission grant of 4th respondent pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. P VIVEK Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP 2. GP FOR FINANCE PLANNING The Court made the following: 3 ORDER:- The learned counsel for the petitioner submits that the petitioner has awarded the works for 1) Construction of Retaining wall from D.No.3-3-102 to D.No.3-3-65 in 27th ward, Mangayammaraopeta in Pithapuram Municipality, vide Agreement No.24/2024-25, 2) Backfilling the Retaining wall with stone dust and formation of CC surface from D.No.3-3-1-2 near Babu Chicken center to D.No.3-3-46 in Ward Mangayammaraopeta in Pithapuram Municipality, vide Agreement No.23/2024-25, 3) Construction of CC road in 21st ward Jaggayyacheruvu at Rajeev Gruha Kalpa near plot No.464 to plot No.369 and plot No.120 to plot No.748 and plot No.144 to plot No.153, vide Agreement No.193/2023-24 and 4) Providing walking track Greenery playing equipment, toilet water supply sitting benches, electricity etc., in Madhavanagar, 9th ward in Pithapuram Municipality under 15th finance, vide Agreement No.45/2023-24, dated 12.07.2023. 2. The learned counsel further submits that the petitioner duly executed the works and thereafter submitted final bills for an amount of Rs.34,90,799/-. It is submitted that the said final bills were duly endorsed by the competent authority. A statement detailing the works executed by the petitioner was prepared and the progress of the works was recorded in the M-book. However, in spite of the completion of all procedural formalities, the payment towards the completed works has not been released till date. 4 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 work undertaken. 5. Considering the submissions, the concerned respondents 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, this writ petition is disposed off. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ____________________ JUSTICE HARINATH.N Dt: 17.10.2025 SR