1 APHC010552792024 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: 28871/2024 Between: 1. A M K PRASAD, S/O.VENKATESWARA RAO, AGED ABOUT 41 YEARS, R/O.15/253, MACHAVARAM, MACHILIPATNAM, KRISHNA DISTRICT, ANDHRA PRADESH - 521 001. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI AMARAVATHI, GUNTUR DISTRICT. 3. THE DIRECTOR OF MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, GOVERNMENT OF ANDHRA PRADESH, MANGALAGIRI, GUNTUR DISTRICT. 4. MACHILIPATNAM MUNICIPAL CORPORATION, REP., BY ITS COMMISSIONER, MACHILIPATNAM, KRISHNA DISTRICT. 5. THE EXECUTIVE ENGINEER, MUNICIPAL CORPORATION, MACHILIPATNAM. KRISHNA DISTRICT. 6. THE DY EXECUTIVE ENGINEER, MUNICIPAL CORPORATION, MACHILIPATNAM. KRISHNA DISTRICT. 7. THE MUNICIPAL ASSISTANT ENGINEER, MUNICIPAL CORPORATION, MACHILIPATNAM. KRISHNA 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 withholding amounts for work done even after completion of work and finalization of Bills payable to the petitioner in relation to the works under .Municipal General Fund. for (i) Providing 110 mm diameter HOPE pipe line from E P No 28/128 to E P No 28/102, in Amruthapuram , Division No 28 of Machilipatnam Municipal Corporation, for an amount of Rs. 1,37,271/- vide Work ID.121/2024/E4, (ii) Construction of CC Culvert and approaches at E P No 37/160 near RajupetChekkala Meda in Division No 37, for an amount of Rs. 89,502/-vide Work ID. 52/2023/E1, (iii) Formation of earthen road from radar road railway gate to Sai Divya venture in division No. 8 for an amount of Rs. 83,385/- vide Work ID. 4521/2023/E1, (iv) Providing Culvert Slab and Approaches to drain on Kummarigudem side From Three Pillers Center to towards Challapalli new Bypass Road, for an amount of Rs. 1,80,884/- vide Work ID. 3097/2023/El, (v) Laying and jointing of 200mm and 160mm diameter HDPE pipe line along Thoudu factory road from Tagore Shamiyana to Kothi Bomma center culvert in division no. 2 for an amount of Rs.3,25,897/- vide Work ID. 542-1/2024/E3, (vi) Providing 160mm diameter HOPE pipe line along drain from Karagraharam road railway gate to Jaya Divya venture in Division No. 08 of Machilipatnam Municipal Corporation, for an amount of Rs. 2,90,821/- vide Work ID. 4605/1/2023/E3, (vii) Providing 110 mm diameter HDPE pipe line to Abdul Bajanigari road in Thoudu factory road from E P No 2/302 to E P No 2/307 in Division No. 2, for an amount of Rs. 4,36,217/- vide Work ID. 3669/2023/E3, (viii) Construction of stair case to Koneru building near Surya and sons in Division No. 17 in Machilipatnam Municipal Corporation, for an amount of Rs. 2,68,454/- vide Work ID. 2777/2023/E3, (ix) Providing CC road (Balance Bit) from E P No 21/75 to Kennedy Road opposite masjid Division No 26 in Machilipatnam Municipal Corporation, for an amount of Rs. 2,62,749/- vide work ID 4088/2022/E1, totaling to Rs.20,75,180/-, as illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India and consequently direct the respondent authorities to release the amounts with interest @ 24percent p.a. for the pending bills, forthwith for the above said works executed by the petitioner and pass IA NO: 1 OF 2024 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 release the pending amount with interest @ 24% p.a. in relation to the works executed by the petitioner under “Municipal General Fund” for (i) Providing 110 mm diameter HOPE pipe line 3 from E P No 28/128 to E P No 28/102, in Amruthapuram Division No 28 of Machilipatnam Municipal Corporation, for an amount of Rs. 1,37,271/- vide Work ID:121/2024/E4, (ii) Construction of CC Culvert and approaches at E P No 37/160 near Rajupet Chekkala Meda in Division No 37, for an amount of Rs. 89,502/-vide Work ID: 52/2023/E1, (iii) Formation of earthen road from radar road railway gate to Sai Divya venture in division No. 8 for an amount of Rs. 83,385/- vide Work ID: 4521/2023/E1, (iv) Providing Culvert Slab and Approaches to drain on Kummarigudem side From Three Fillers Center to towards Challapalli new Bypass Road, for an amount of Rs. 1,80,884/- vide Work ID: 3097/2023/E1, (v) Laying and jointing of 200mm and 160mm diameter HDPE pipe line along Thoudu factory road from Tagore Shamiyana to Kothi Bommacenter culvert in division no. 2 for an amount of Rs.3,25,897/- vide Work ID: 542-1/2024/E3, (vi) Providing 160mm diameter HDPE pipe line along drain from Karagraharam road railway gate to Jaya Divya venture in Division No. 08 of Machilipatnam Municipal Corporation, for an amount of Rs. 2,90,821/- vide Work ID: 4605/1/2023/E3, (vii) Providing 110 mm diameter HDPE pipe line to Abdul Bajanigariroad in Thoudu factory road from E P No 2/302 to E P No 2/307 in Division No. 2, for an amount of Rs. 4,36,217/- vide Work ID: 3669/2023/E3, (viii) Construction of stair case to Koneru building near Surya & sons in Division No. 17 in Machilipatnam Municipal Corporation, for an amount of Rs. 2,68,454/- vide Work ID: 2777/2023/E3, (ix) Providing CC road (Balance Bit) from E P No 21/75 to Kennedy Road opposite masjid Division No 26 in Machilipatnam Municipal Corporation, for an amount of Rs. 2,62,749/- vide work ID: 4088/2022/E, totaling to Rs. 20,75,180/- pending disposal of writ petition and pass Counsel for the Petitioner: 1. AKULA VAMSI KRISHNA Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP 2. GP FOR FINANCE PLANNING 4 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 28871 of 2024 ORDER: 1. The petitioner is aggrieved by the action of the respondents in withholding amounts for work done even after completion of work and finalization of Bills payable to the petitioner in relation to the works under Municipal General Fund for i) Providing 110 mm diameter HOPE pipe line from E P No 28/128 to E P No 28/102 in Amruthapuram Division No.28 of Machilipatnam Municipal Corporation for an amount of Rs.1,37,271/- vide Work ID:121/2024/E4 ii) Construction of CC Culvert and approaches at EP No.37/160 near RajupetChekkala Meda in Division No.37 for an amount of Rs.89,502/- vide Work ID:52/2023/E1 iii) Formation of earthen road from radar road railway gate to Sai Divya venture in division No.8 for an amount of Rs.83,385/- vide Work ID:4521/2023/E1 iv) Providing Culvert Slab and Approaches to drain on Kummarigudem side From Three Pillers Center to towards Challapalli new Bypass Road for an amount of Rs.1,80,884/- vide Work ID:3097/2023/El v) Laying and jointing of 200mm and 160mm diameter HDPE pipe line along Thoudu factory road from Tagore Shamiyana to Kothi Bomma center culvert in division no.2 for an amount of Rs.3,25,897/- vide Work ID:5421/2024/E3 vi) Providing 160mm diameter HOPE pipe line along drain from Karagraharam road railway gate to Jaya Divya venture in Division No.08 of Machilipatnam Municipal Corporation for an amount of Rs.2,90,821/- vide Work ID:4605/1/2023/E3 vii) 5 Providing 110 mm diameter HDPE pipe line to Abdul Bajanigari road in Thoudu factory road from EP.No.2/302 to EP No.2/307 in Division No.2 for an amount of Rs.4,36,217/- vide Work ID:3669/2023/E3 viii) Construction of stair case to Koneru building near Surya and sons in Division No.17 in Machilipatnam Municipal Corporation for an amount of Rs.2,68,454/- vide Work ID:2777/2023/E3 ix) Providing CC road Balance Bit from EP No.21/75 to Kennedy Road opposite masjid Division No.26 in Machilipatnam Municipal Corporation for an amount of Rs.2,62,749/- vide work ID:4088/2022/E1 totaling to Rs.20,75,180/-. 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. 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. 6 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 the work undertaken. 5. 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. 6. 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 7 289 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 28871 of 2024 Date: 25.09.2025 NKA