1 APHC010045602025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY, THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 2679/2025 Between: Sri Shai Althaf Bhsha ...PETITIONER AND The State of Andhra Pradesh and others ...RESPONDENT(S) Counsel for the Petitioner: 1. DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV 2. GP FOR FINANCE PLANNING The Court made the following: 2 ORDER : This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “.... 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.9,85,526/- (Nine Lakhs Eighty Five Thousand Five Hundred and Twenty Six Rupees only) even after finalizing the bills payable to the petitioner in relation to the three works i.e., I.Laying of CC Roads from D.NO.27-2-538 to 27-3-587 at Opp AC Stupam Raod in Division No.15 in Nellore Municipal Corporation Under GGMP Grant Agreement No.416/23-24, Date 13.2.2024 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 amount of Rs.9,85,526/- (Nine Lakhs Eighty Five Thousand Five Hundred and Twenty Six Rupees only) with interest 24 percent per annum for the delayed amount till date of realization for the works executed by the petitioner …...” 2. Heard learned counsel for the petitioner, learned Government Pleader for Municipal Administration and Urban Development for respondent No.1, Mr.A.S.C.Bose, learned Standing Counsel for respondents No.2 and 3 and learned Government Pleader for Finance and Planning for respondent No.4. 3. Learned counsel for the petitioner submits that even though respondents admitted that the petitioner is entitled for payment of the aforesaid sum of money, no payment is being made and such non-payment of money is clearly arbitrary and high-handed and thereby requires interference by this Court. 4. At the time of hearing, the learned Standing Counsel for respondents No.2 and 3 produced a copy of instructions of the Executive Engineer, Nellore 3 Municipal Corporation dated 04.02.2025, wherein it is stated that after completion of the work, the 3rd respondent prepared a bill for an amount of Rs.9,85,526/-. However, due to the non-availability of sufficient funds under the GGMP grant, the bills were not uploaded in CFMS. The 2nd respondent had already requested the District Collector, vide letters dated 20.02.2024 and 02.09.2024, to address the Secretary to Government, Finance & Planning Department for release of the necessary GGMP funds to make payments. But, due to financial exigencies of State Government, the balance funds were not adjusted so far. 5. In view of the above instructions, since the bill amount claimed by the petitioner is an admitted bill, this Court feels it appropriate to dispose of the writ petition directing the respondents to release amount of Rs.9,85,526/- (Rupees Nine lakhs Eighty five thousand five hundred and twenty six only) to the petitioner within a period of three (3) months from the date of receipt of a copy of this order. 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed. __________________ JUSTICE V.SUJATHA Date: 11.02.2025 KGR