APHC010648692025 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: 33558/2025 Between: 1. SRI RAO SURESH, S/O. R. V. SURYA RAO, AGE 55 YEARS, R/O.2- 11-13, VENKAITA NAGAR ,SREE NAGAR, KAKINADA. EAST GODAVARI DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR. 2. THE KAKINADA MUNICIPAL CORPORATION, REP.BY ITS COMMISSIONER, KAKINADA KAKINADA DISTRICT. 3. THE KAKINADA MUNICIPAL CORPORATION, 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 praying that in the circumstances stated in the affidavit filed therewith, the High Court may be 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 2 withholding the payments of pending amounts of Rs. 35,02,350/- (Thirty Five Lakhs, Two Thousand , Three Hundred and Fifty Rupees only ) even after finalizing the bills payable to the petitioner in relation to the works i. e /. Providing CC Drains and RCC Culverts From D.no.48-1-42A to 58-7-13/1 FROM 58-7-13/1 TO 58-7-18/2 and from 58-7-13/1 to 58-14-34 near dolphin school at myia vari street in 18th division,Agreement no.278/2023-24,Dated 1.2.2024,II.Construction of cc roads cc drains Rcc culverts ,mathigamma temple culverts and RCC tea shop at 15th. division under GGMP,Agreement no.202/EE-ll/2023-24,Date 30.11.2023 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. 35,02,350/- (Thirty Five Lakhs, Two Thousand , Three Hundred and Fifty 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 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 to direct the respondents to releasing the amounts Rs. 35,02,350/- (Thirty Five Lakhs, Two Thousand , Three Hundred and Fifty Rupees only ) payable to him, pending disposal of the write petition and pass Counsel for the Petitioner: 1. DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP 2. GP FOR FINANCE PLANNING The Court made the following: 3 Order:- The learned counsel for the petitioner submits that the petitioner was awarded 2 works i.e., 1) Providing CC Drains and RCC Culverts From D.no. 48-1-42A to 58-7-13/1 FROM 58-7-13/1 TO 58-7-18/2 and from 58-7-13/1 to 58-14-34 near dolphin school at myla vari street in 18th division vide Agreement No.278/2023-24, Dated 01.2.2024, and 2) Construction of cc roads cc drains Rcc culverts, mathigamma temple culverts and RCC tea shop at 15th division under GGMP, vide Agreement No.202/EE-ll/2023-24, Dated 30.11.2023. 2. The learned counsel further submits that the petitioner duly executed all the said works and thereafter submitted the final bills for an amount of Rs.35,02,350/-. It is submitted that the final bills were duly endorsed by the competent authority. A statement detailing the works executed by the petitioner was also prepared progress of the works was recorded in the M-book. However, in spite of the completion of all procedural formalities, the payments towards the completed works have not been released till date. 3. Heard the submissions of the learned counsel for the petitioner, the learned Standing Counsel for the 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 works undertaken and that the non-payment of bills is due to paucity of funds. 4 5. Considering the submissions, the concerned respondents are hereby directed to verify and release the payments 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, this Writ Petition is disposed of. There shall be no order as to costs. 7. Pending miscellaneous petitions, if any, shall stand closed. ____________________ JUSTICE HARINATH.N 22.12.2025 PNS