y [3460 ] IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) > x;- / V... ^ d f • •'V V. THURSDAY ,THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE V.'D// PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 7560 OF 2025 Between: Sri Rao Suresh, S/o. R. V. Surya rao Age 55 years, R/o.2-11-13, Venkata nagar ,sree nagar, kakinada, East Godavari District, Andhra Pradesh. ...PETITIONER/S AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Department of Municipal Administration and urban development. Secretariat Building, Velagapudi, Amaravathi, Guntur. 2. Kakinada Municipal Corporation, rep.by its Commissioner, Kakinada Kakinada District. 3. Municipal Corporation Kakinada, Rep.by its Executive Engineer Kakinada District. 4. The State of Andhra Pradesh, Rep. by its Principal Secretary Department of Finance and Planning, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. ...RESPONDENT/S Petition under Article 226 of the . „ Constitution of India is filed praying that m the crcumstances stated in the affidavit hied therewith, the High our may be pieased to issue an appropriate Writ Order or direction more parhcuiariy one in the nature of Writ of Mandamus the Respondents in declaring the action of withholding the payments of pending 17,44,159/- (Seventeen Lakhs, Fifty Nine Rupees only ) amounts of Rs. Forty Four Thousand, One Hundred and even after finalizing the bills payable to the works i.e “I. construction of C.C.Drain at nagar (behind kothapeta market) GGMP in 33rd Division no.210/2023- 24,Dated 11.03.2024 ,illegal, arbitrary, improper, petitioner in relation to the kameswari Agreement For the year 2023 as bad unjust and against the Article 21 of constitution of India and consequently direct the respondents to 17,44,159/- (Seventeen Lakhs pay the amounts of Rs. P,,, ... Thousand, One Hundred y me Rupees oniy ) with interest @ 24% per annum for the amount till date of realization for the pass any other order and delayed and may deem fit and works executed by the petitioner or orders as this Hon’ble Court proper in the facts and circumstances of the case lA NO: 1 OF 90'?^ Petition under Section 151 CPC praying that in the circumstances in support of the petition, the High Court respondents to releasing the amounts stated in the affidavit filed i pleased to direct the may be payable to him. Counsel for the Petitioner: SRI DEVASRI ROSHAN KANCHARLA Counsel for the Respondent No. DEV 1: GP FOR MUNCIPAL ADMN URBAN Counsel for the RespondentNo. Counsel for the Respondents vzm kkd Municipal Corporations The Court made the following: 4: GP FOR FINANCE PLANNING No.2 & 3: Sri M. Krishna Rao SC for ski APHC010143142025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY ,THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 7560/2025 Between: 1.SRI RAO SURESH, S/0. R. V. SURYA RAO AGE 55 YEARS, R/0.2-11-13, VENKATA NAGAR ,SREE NAGAR, KAKINADA, PRADESH. EAST GODAVARI DISTRICT. ANDHRA ...PETITIONER AND BY ITS 1.THE STATE OF ANDHRA PRADESH, REP PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPAL AND URBAN' DEVELOPMENT. ADMINISTRATION SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI GUNTUR. 2.KAKINADA MUNICIPAL CORPORATION, REP.BY ITS COMMISSIONER, KAKINADA KAKINADA DISTRICT. 3. MUNICIPAL CORPORATION KAKINADA, REP.BY ITS EXECUTIVE ENGINEER KAKINADA DISTRICT. 4.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FINANCE SECRETARIAT BUILDINGS, PLANNING, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. AND 2 ...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 tomaybe pleased to issue an appropriate Writ Order or direction more particularly one in the nature of Writ of' Mandamus declaring the' action of the Respondents in withholding the payments of pending amounts of Rs. 17.44,159/- (Seventeen Lakhs, Forty Four Thousand, One Hundred and Fifty Nine Rupees only ) even after finalizing the bills payable to the petitioner in relation to the works i. e construction of C.C.Drain at kameswari nagar (behind kothapeta market) GGMP in 33rd Division .Agreement no.210/2023- 24,Dated 11.03.2024 For the year 2023 as bad .illegal, arbitrary; improper, unjust and against the Article 21 of constitution of India and consequently direct the respondents to pay the amounts of Rs. 17,44,159/- (Seventeen Lakhs, Forty Four Thousand, One Hundred and Fifty Nine Rupees only ) with interest @ 24 percent per annum for the delayed amount till date of realization for the works executed by the petitioner and pass any other order orders as this Honble Court may deem fit and proper in the facts and circumstances of the case. /. or Counsel for the Petitioner: 1.DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S): 1.M Krishna Rao SC for ski vzm kkd Municipal Corporations 2.GP FOR MUNCIPAL ADMN URBAN DEV 3.GP FOR FINANCE PLANNING The Court made the following: THE HON'BLE SRI JUSTICE NYAPATHY VIJAY W.P.NO.7560 Of 2025 ORDER: This writ petition is filed declaring the action of the Respondent in not releasing the amount of Rs. 17,44,159/- payable to the Petitioner in relation to the works done vide Agreement No.210/2023-24 dated 11.03.2024 as arbitrary and illegal. Heard learned counsel for both the parties. Learned standing counsel for the Respondent passed on a copy of the signed instructions of the Commissioner, Municipal Corporation, Kakinada and as per the instructions, the District ( Collector, Kakinada accorded administrative sanction to the works under Gadapa Gadapaku Mana Prabhutvam Programme Fund (GGMP) 2023-24 and accordingly tenders were invited through e-procurement. After evaluation of tenders, the works were allotted to the Petitioner. In the written instructions, the financial difficulties and the priorities of the Corporation were also 3. mentioned. As there is no dispute to the execution of works and amount due to the Petitioner, the Writ Petition is disposed of, at 4. 2 the stage of admission, with the consent of both sides and placing the written instructions on record, with the following direction: (i) The Respondent authorities are directed to pay the amounts due to the Petitioner within a period of four (4) months from today. (ii) There shall be no order as to costs. As a sequel, the miscellaneous petitions if any shall stand dismissed. Sd/- G HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Department of Municipal Administration and urban development. State of Andhra Pradesh, Secretariat Building, Velagapudi, Amaravathi, Guntur. 2. The Principal Secretary, Department of Finance and Planning, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 3. The Commissioner, Kakinada Municipal Corporation Kakinada District. 4. The Executive Engineer, Municipal Corporation Kakinada , Kakinada District. 5. One CC to SRI DEVASRI ROSHAN KANCHARLA Advocate [OPUC] 6. One CC to Sri M. Krishna Rao SC for ski vzm kkd Municipal Corporations [OPUC] 7. Two CCs to GP FOR MUNCIPAL ADMN URBAN DEV, High Court of Andhra Pradesh [OUT] 8. Two CCs toGP FOR FINANCE PLANNING, High Court of Andhra Pradesh [OUT] 9. Three CD Copies Kakinada gsg HIGH COURT DATED:01/05/2025 ORDER WP.No.7560 of 2025 THE WRIT PETITION IS DISPOSED OF WITHOUT COSTS