IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 5407 OF 2025 Between: P. Ram Babu, S/o.Dhanaraju, Age 50 years, Kakinada, East Godavari District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Municipal Administration And Urban Development Department, Secretariat Building, Velagapudi, Amaravathi, Guntur. 2. Municipal Corporation Kakinada, 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 & Planning Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased o issue may an appropriate Writ Order or direction more particularly in the nature of Writ of Mandamus one declaring the action of the Respondents in withholding the payments of pending amounts of Rs. Fifty One Thousand, Five Hundred 31,51,531/- (Thirty One Lakhs, and Thirty One Rupees only) petitioner in relation to the works i.e I. even after finalizing the bills payable to the Widening and laying of C.C.Roads at R.R.Nagar road no.04 in Kakinada municipal corporation, Agreement No.41/2023- 2024.Dated12.2.2024,(29,53,210/-)II.Providing CC Drains from D.No.70.6.11/1 to D.no.70-1A-15 {aishwarya rainbow Culverts at boat club east side road Sachivalayam of Division 6/172024(1,98,321/-) for the residency ) and RCC community shelter at RTC Colony in 1A GGMP Agreement no.223/23-24. Dated year 2023 as bad, illegal, arbitrary, improper, unjust and against the Article 21 of constitution of India direct the respondents to and consequently pay the amounts of Rs. 31,51,531/- (Thirty One Lakhs, Fifty One Thousand, Five Hundred and Thirty One Rupees only) with amount till date of realization interest 24 percent per annum for the delayed for the works executed by the petitioner. lA NO: 1 OF 2r)9ii Petition under Section 151 C stated in the affidavit filed in suppoff of the petition, the High Court may be pleased to direct the respondents tb releasing the amounts payable to him CPC praying that in the circumstances pending disposal of the write petition. Counsel for the Petitioner: SRI DEVliXSRI Counsel for the Respondent No 1 ROSHAN KANCHARLA GP FOR MUNICIPAL ADMINlSTRATfON AND URBAN DEVELOPMENT SRI A.S.C.BOSE, SC FOR municipal corporations Counsel for the Respondent NoiA: GP FOR FINANCE & PLANNING The Court made the following: bR£>IER Counsel for the Respondent NoS'2^3: -. V APHC010103162025 |,^ COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY ,THE FIRST DAY OF MAY TWO THOUSAND AND TWENTV FIVE [3460] PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 5407/2025 Between: ‘ 1.P RAM BABU, S/O.DHANARAJU, AGE 50 YEARS, KAKINADA, EAST GODAVARIDISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA t^RADESH, REP BY ITS PRINCIPAL SECRETARY, MUNICIPALjADMINISTRATION DEVELOPMENT DEPARTMENT, URBAN SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR. AND 2.MUNICIPAL CORPORATION KAKINADA, 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 PLANNING SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. ...RESPONDENT(S): 2 th., in 226 Of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the Writ n ir topleased to issue an appropriate Wnt Order or direction more particularly one in the nature of Writ declaring the action of the Respondents in mthholding the payments of pending amounts of Rs 31 51 531/- {Tffirty One Lakhs, Fifty One Thousand, Five Flundred and Thirty One Rupees only) even after finalizing the bills, payable to the ^ ^ ^3331 road no.04 in Kakinada municipal poration , Agreement No 41/2023 n D No-70.6 11/1 to D.no.70-1A-15 (aishwarya rainbow residency ) and RCC Culverts at boat club east side road community shelter at RT^ Colony in 1A Sachivalayam of Division GGMP Agi^eemen"t i"m°f improper, unjust and against the Article 21 of constitution of India Rs ^ FTsTif rTu"'!'"!''® ‘0 Poy ‘lie amounts of s. 31,51,531/- (Thirty One Lakhs. Fifty One Thousand, Five Hundred and Thirty One Rupees only) with interest 24 percent per annum for the delayed amount till date of realization for the works executed by the petitioner and lA NO: 1 OF 209^ Petition undef 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 releasing the amounts payable to him. pending disposal of the write petition and ^ Counsel for the Petitioner: 1. DEVASRI ROSHAN KANCHARLA Counsel for the Respondent{S): 1.GP MUNCIPAL ADMN AND URBAN DEVAP pass pass 7 3 / 2.GP FOR FINANCE PLANNING The Court made the following: t I f i i I i r. 1 THE HON'BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.5407 of 2025 ORDER: This writ petition is filed declaring the action of the Respondents in not releasing the amount of Rs.31,51,531/- payable to the Petitioner in relation to the works done vide Agreement No.41/2023-24 dated 12.02.2024 as arbitrary and illegal. 2. Pursuant to the tender, the Petitioenr was allotted works by the Respondent-Municipality for ‘widening and laying of CC roads at R.R.Nagar Road No.4 in Kakinada Municipal Corporation’. The Petitioner submits that the works were executed within the time specified and works were recorded in M-Book. 3. Learned standing counsel for the Respondent-Corporation passed on a copy of the signed instructions of the Commissioner, Municipal Corporation, Kakinada and as per the instructions, the Municipal Chairperson has accorded administrative sanction and accordingly tenders were invited through e-procurement vide NIT NO.E-6689/2023/E2 dated 17.10.2023. It was also stated that an amount of Rs.11,56,157/- was paid under Voucher No. 1044/1- 2025 to the Petitioner. It was also mentioned that balance 2 amount of Rs.31,26.760/- was due to the Petitioner under this work 4. As regards the amounts due under second District Collector, administrative sanction to the works agreement, it is stated that the Kakinada accorded under Gadapa Gadapaku Mana Prabhutvam Programme Fund (GGMP) 2023-24. It was also stated that the work under second agreement was cancelled by District Collector on 25.01.2025. It Is further mentioned in the instructions that six months time Petitioner for an amount of Rs.31,26,760/-, priorities of the Corporation. was sought to clear the bill of the due, to the financial 4. As there is no dispute to the amount of Rs.31,26,760/- to the Petitioner execution of works and the Writ Petition is disposed of, at 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 Rs.31,26,760/- i are directed to ■e. admitted amount due to the Petitioner within a period of six (6) months from today. pay (ii) There shall be no order as to costs. t- As a sequel, the miscellaneous petitions if any shall stand dismissed. Sd/-M SRINIVAS assistant registrar //TRUE COPY// / SECTION OFFICER To, 1. The Principal Secretary, Municipal Administration Development Department, State of Andhra Building, Velagapudi, Amaravathi, Guntur. 2. The Commissioner, Municipal Corporation 3. The Executive Engineer, Municipal Corporation District. 4. The Principal Secretary, Department Andhra Pradesh, Secretarint Buildings District. 5. One CC to Sri Devasri Roshan Kancharla ne CC to Sri A.S.C. Bosd, SC-for Municipal Corporations[OPUC] 7. Two CCs to GP for Municipal Administration High Court of Andhra Pradesh. [OUT] 8. Two CCs to GP for Financd dnd Pradesh. [OUT] : ,k 9. Three CD Copies Ssb(gsg) And Urban Pradesh, Secretariat Kakinada Kakinada District. Kakinada, Kakinada of Finance & Planning, State of , Velagapudi, Amaravathi, Guntur Advocate [OPUC] and Urban Development Planning, High Court of Andhra T HIGH COURT DATED:01/05/2025 ORDER WP.No.5407 of 2025 5 2» SEP 2125 I ^ * Current Section ^ ^ .g P DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS