APHC010687192025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 35539/2025 Between: 1. SREE BALAJI CONSTRUCTIONS, D.NO.44/38-1-17, NEAR PANCHAMUKA ANJANEYA SWAMI TEMPLE, CHEMMUMIAPET, KADAPA, REP., BY ITS MANAGING PARTNER YELLIPALEM MADHU SUDHAN REDDY, S/O. YELLIPALEM YELLA REDDY, AGED ABOUT 61 YEARS, OCC CONTRACTOR, R/O. D.NO.1/1728-3, PLOT NO.404, GARUDADRI RESIDENCY, YERRAMUKKAPALLE, KADAPA, KADAPA DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP., BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. 2. THE STATE OF A P, , BY ITS PRINCIPAL SECRETARY FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. 3. THE DISTRICT COLLECTOR, KADAPA, KADAPA DISTRICT. 4. 4. THE MUNICIPAL COMMISSIONER, KADAPA MUNICIPAL CORPORATION KADAPA, YSR KADAPA DISTRICT. 5. THE SUPERINTENDING ENGINEER, KADAPA MUNICIPAL CORPORATION KADAPA, YSR KADAPA DISTRICT. 6. 2 6. THE EXECUTIVE ENGINEER, KADAPA MUNICIPAL CORPORATION, KADAPA, YSR KADAPA DISTRICT. 7. 7. THE DEPUTY EXECUTIVE ENGINEER R B, QUALITY CONTROL, SUB-DIVISION, KADAPA, KADAPA DISTRICT. 8. ASST EXECUTIVE ENGINEER, (R B) QUALITY CONTROL, SUB- DIVISION KADAPA, KADAPA 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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction on part of the respondents in paying a sum of Rs. 28,56,638/- (Rupees Twenty Eighty Lakhs Fifty Six Thousand Six Hundred and Thirty Eight only) towards the work entrusted by the respondents in favour of the petitioner through the Work Agreement, dated 02.08.2023 and supplementary work Agreement, dated 11.03.2024 entered by the respondent No.5 for the work namely, Restoration of Damaged Road from the Nirmala Convent School to KC Canal Near Old Dump Yard in Kadapa Municipal Corporation, evenafter, lapse of twenty one (21) months from the date of completion of the said work, as arbitrary, illegal, colorable exercise of power, abdication of the statutory duty cost on them and contrary to the well-established legal principles apart from being violative of the fundamental rights guaranteed to petitioner under Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondents to pay a sum of Rs. 28,56,638/- (Rupees Twenty Eighty Lakhs Fifty Six Thousand Six Hundred and Thirty Eight only) towards the work entrusted by the respondents in favour of the petitioner through the Work Agreements, dated 31.05.2023 entered by the respondent No.4 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 pleased to direct the respondents to pay a sum of Rs. 28,56,638/- (Rupees Twenty Eighty Lakhs Fifty Six Thousand Six Hundred and Thirty Eight only) towards the works entrusted by the respondents in favour of the petitioner through the Work Agreements, dated 31.05.2023 entered into by the respondent No.4 pending disposal of the above Writ Petition and pass Counsel for the Petitioner: 3 1. MANTHRI KIRAN KUMAR Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP 2. GP FOR FINANCE PLANNING 4 ORDER:- The learned counsel for the petitioner submits that the petitioner was awarded the work of Restoration of Damaged Road from the Nirmala Convent School to KC Canal near Old Dump Yard in Kadapa Municipal Corporation vide Agreement No.14/2023-24, dated 02.08.2023. 2. The learned counsel further submits that the petitioner duly executed the said work and thereafter submitted the final bills for an amount of Rs.28,56,638/-. It is submitted that the final bills were duly endorsed by the competent authority. A statement detailing the work executed by the petitioner was also prepared and progress of the work was recorded in the M-book. The Quality Control Report was also filed by the petitioner. However, in spite of the completion of all procedural formalities, the payment towards the completed work has not been released till date. 3. Heard the submissions of the learned counsel for the petitioner, the learned Standing Counsel for the respondent-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 the work undertaken and that the non-payment of bills is due to paucity of funds. 5. Considering the submissions, the concerned respondents are hereby directed to verify and release the payments as expeditiously as possible 5 preferably within a period of six (06) weeks from the date of receipt of a copy of this Order. 6. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ____________________ JUSTICE HARINATH.N 22.12.2025 SCH 6 40 HONOURABLE SRI JUSTICE HARINATH.N Writ Petition No.35539 of 2025 Date: 22.12.2025 SCH