APHC010628852025 IN THE HIGH COURT OF ANDHRA PRADESH SATURDAY,THE TWENTY SECOND DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: Between: 1. SPL ENTERPRISES, REP. BY ITS MANAGING PARTNER K SURYA PRAKASH, S/O.K APPARAO, AGED ABOUT 44 YEARS, OCC.CONTRACTOR, R/O. 12 (M),LANKELAPALEM (POST), VISAKHAPATNAM DISTRICT. 1. THE STATE OF ANDHRA PRADESH, THE STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIEF SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADE SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE DIRECTOR OF MUNICIPAL ADMINISTRATION, GORANTLA, GUNTUR, GUNTUR DISTRICT. 4. THE DISTRICT COLLECTOR, DISTRICT. 5. THE GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, REP. HY ITS COMMISSIONER, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 6. THE SUPERINTENDING ENGINEER, GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, VISAKHAPATNAM, VI DISTRICT. 7. THE EXECUTIVE ENGINEERVIII, GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 8. THE CHIEF EXECUTIVE OFFICER APCFSS, 3RD FLOOR, NIDHI BHAVAN, BEHIND APLLC BUILDING, MANGALAGIRI, GUNTUR DISTRICT, PINCODE 522503. 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 of mandamus or any other appropriate writ or direction declaring the IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SATURDAY,THE TWENTY SECOND DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 32481/2025 SPL ENTERPRISES, REP. BY ITS MANAGING PARTNER K SURYA PRAKASH, S/O.K APPARAO, AGED ABOUT 44 YEARS, OCC.CONTRACTOR, R/O. 12-80/.8, VINAYAKA NAGAR, PARAVADA (M),LANKELAPALEM (POST), VISAKHAPATNAM DISTRICT. ...PETITIONER AND THE STATE OF ANDHRA PRADESH, THE STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIEF SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR THE DIRECTOR OF MUNICIPAL ADMINISTRATION, GORANTLA, GUNTUR, GUNTUR DISTRICT. THE DISTRICT COLLECTOR, VISAKHAPATNAM, VISAKHAPATNAM THE GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, REP. HY ITS COMMISSIONER, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. THE SUPERINTENDING ENGINEER, GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, VISAKHAPATNAM, VISAKHAPATNAM THE EXECUTIVE ENGINEERVIII, GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, VISAKHAPATNAM, VISAKHAPATNAM THE CHIEF EXECUTIVE OFFICER APCFSS, 3RD FLOOR, NIDHI BHAVAN, BEHIND APLLC BUILDING, MANGALAGIRI, GUNTUR ICT, PINCODE 522503. ...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 of mandamus or any other appropriate writ or direction declaring the action of the Respondents not releasing the amount IN THE HIGH COURT OF ANDHRA PRADESH [3457] SATURDAY,THE TWENTY SECOND DAY OF NOVEMBER THE HONOURABLE SRI JUSTICE HARINATH.N SPL ENTERPRISES, REP. BY ITS MANAGING PARTNER K SURYA PRAKASH, S/O.K APPARAO, AGED ABOUT 44 YEARS, 80/.8, VINAYAKA NAGAR, PARAVADA (M),LANKELAPALEM (POST), VISAKHAPATNAM DISTRICT. ...PETITIONER THE STATE OF ANDHRA PRADESH, THE STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIEF SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, SH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR THE DIRECTOR OF MUNICIPAL ADMINISTRATION, GORANTLA, VISAKHAPATNAM, VISAKHAPATNAM THE GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, REP. HY ITS COMMISSIONER, VISAKHAPATNAM, THE SUPERINTENDING ENGINEER, GREATER VISAKHAPATNAM SAKHAPATNAM THE EXECUTIVE ENGINEERVIII, GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, VISAKHAPATNAM, VISAKHAPATNAM THE CHIEF EXECUTIVE OFFICER APCFSS, 3RD FLOOR, NIDHI BHAVAN, BEHIND APLLC BUILDING, MANGALAGIRI, GUNTUR ...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 of mandamus or any other appropriate writ action of the Respondents not releasing the amount 2 of Rs.5,38,588/- vide M Book No. 230/2023-24, even after finalizing the bills, payable to the petitioner in relation to the works i.e.. Providing precast slabs and drain width changing Papayyarajupalem, cover slab at SNLN Nagar, cover slab at LIC Colony, vide Agreement No. 126/2023-24/ EE-VIII/ DB, dated 18.10.2023 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amount of Rs.5,38,588/- vide M Book No. 230/2023-24 with interest 24 percentage per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith 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 Please to direct the respondents to pay for payment of amount of Rs.5,38,588/- vide M Book No. 230/2023-24 with interest 24 percentage per annum for the delayed amount to the petitioner in respect of execution of works i.e. Providing precast slabs and drain width changing Papayyarajupalem, cover slab at SNLN Nagar, cover slab at LIC Colony, vide Agreement No. 126/2023-24/ EE-VIII/ DB, dated 18.10.2023, forthwith, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. MODAPOTHULA SUMALATHA Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP 2. GP FOR FINANCE PLANNING The Court made the following: 3 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.32481 OF 2025 ORDER : 1. The learned counsel for the petitioner submits that the petitioner has awarded the work i.e., providing Precast Slabs Over Drain width changing at Papayyarajupalarajupalem, cover slabs at SNLN Nagar, cover slab at LIC Colony vide Agreement No.126/2023-24/EE-VIII/DB, dated 18.10.2023. 2. The learned counsel further submits that the petitioner duly executed all the works and thereafter submitted final bill for an amount of Rs.5,38,588/- 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. 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, Sri.A.S.C.Bose, the learned Standing Counsel for the respondents 5, 6 and 7 and the learned Assistant Government Pleader for Finance and Planning. 4. During the course of hearing, the learned Standing Counsel appearing for the respondents 5, 6 and 7 does not dispute the submissions made by the petitioner with respect to the completion of the work undertaken. The due payments are also not disputed, however submit that the payment shall be 4 made after verification and with regard to the non-payment of bills due to paucity of funds. 5. Considering the submissions, concerned respondent is hereby directed to verify and release the payments due payable to the petitioner as expeditiously as possible preferably within a period of six weeks from the date of receipt of a copy of this order. 6. Accordingly, the writ petition is disposed of. No costs. As a sequel, miscellaneous applications, pending, if any, shall stand closed. ____________________ JUSTICE HARINATH.N KGM 5 246 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.32481 OF 2025 Dated 22.11.2025 KGM