APHC010345922021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY,THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 21047/2021 Between: 1. A SURESH KUMAR, S/O. SATYANARAYANA, AGE 42 YEARS, D.R.NO.16B-16/1-179, TAPIMESTRY COLANY,29TH DIVISION ELURU, WEST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, A.P. SECRETARIAT BUILDING, VELAGAPUDI,AMARAVATHI. 2. THE DIRECTOR, FINANCE DEPARTMENT, VELAGAPUDI,AMARAVATHI 3. THE DIRECTOR OF WORKS AND ACCOUNT OFFICER, FINANCE DEPARTMENT ANJANEYA TOWERS, IBRAHIIMPATNAM, KRISHNA DISTRICT. 4. THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, GUNTUR, GUNTUR DISTRICT. 5. THE COMMISSIONER, ELURU MUNICIPAL CORPORATION, WEST GODAVARI DISTRICT. 6. THE SUPERINTENDENT ENGINEER, MUNICIPAL CORPORATION, ELURU , WEST GODAVARI DISTRIBT. 7. THE EXECUTIVE ENGINEER, MUNICIPAL CORPORATION, ELURU , WEST GODAVARI DISTRICT. ...RESPONDENT(S): 2 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 not releasing the payments for the contract work executed by the petitioner for providing construction works providing (i) 16.0MM HDPE Pipe at Bosu Sibhiram Center to Bommuvari Street in 42nd Division through the Agreement No 99/2018-19 dated 4.09.2018 for an amount of Rs.16,79,115/- (ii) Providing CC Road to 44 the Subrahmanyam colony cross road from Ele pol no 21D/108P to towards south in 21st division through the Agreement No 102/2018-19 dated 4.9.2018 for an amount of Rs.13,10,337/- by the 4 to 7th respondent authorities (iii) Providing 160mm dia HDPE pipe line for pressure Improvement at Harijana wada in 41' Division through the Agreement No 287/2018-19 dated 11.10.2018 for an amount of Rs.29,11,021/- by the 4 to 7th respondent authorities and (iv) Construction of CC Drain from Thammileru gattu to Irigation Office in 25th divisiOn with through the Agreement No 118/2018-19 dated 4.09.2018 for an amount of Rs.5,68,889 (v) Providing CC Road to the K srinivasarao Cement shop in satyanarayana pet in 4th division (4D/88P) through the Agreement No 113/2018-19 dated 4.09.2018 for an amount of Rs.6,96,690/-totaling an amount of Rs.71,66,052/- with 18 percent per annum interest is illegal, arbitrary and contrary to law, violation of principles of natural justice and consequently direct the respondent authorities to release an amount of Rs.71,66,052/- with interest at 18 percent per annum for the contract works executed by the petitioner for providing (i) 160MM HDPE Pipe at Bosu Sibhiram Center to Bommuvari Street in 42nd Division through the Agreement No 99/2018-19 dated 4.09.2018 for an amount of Rs.16,79,115/- (ii) Providing CC Road to the Subrahmanyam colony cross road from Ele pol no 21D/108P to towards south in 21' division through the Agreement No 102/2018-19 dated 4.9.2018 for an amount of Rs.13,10,337/- by the 4 to 7th respondent authorities (iii) Providing 160mm dia HDPE pipe line for Pressure Improvement at Harijana wada in 41st Division through the Agreement No 287/2018-19 dated 11.10.2018 for an amount of Rs.29,11,021/- by the 4 to 7th respondent authorities and (iv) Construction of CC Drain from Thammileru gattu to Irrigation Office in 25th division with through the Agreement No 118/2018-19 dated 4.09.2018 for an amount of Rs.5,68,889 (v) Providing CC Road to the K srinivasarao Cement shop in satyanarayana pet in 4th division (4D/88P) through the Agreement No 113/2018-19 dated 4.09.2018 for an amount of Rs.6,96,690/- forthwith and pass. 3 IA NO: 1 OF 2021 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 respondent authorities to release an amount of Rs.71,66,052/- with interest at 18% per annum for the contract works executed by the petitioner for providing (i) 160MM HDPE Pipe at Bosu Sibhiram Center to Bommuvari Street in 42'1 Division through the Agreement No 99/2018-19 dated 4.09.2018 for an amount of Rs.16,79,115/- (ii) Providing CC Road to the Subrahmanyam colony cross road from Ele pol no 21D/108P to towards south in 21st division through the Agreement No 102/2018-19 dated 4.9.2018 for an amount of Rs.13,10,337/- by the 4 to 7th respondent authorities (iii) Providing 160mm dia HDPE pipe line for P*ssure Improvement at Harijana wada in 41st Division through the Agreement No 287/2018-19 dated 11.10.2018 for an amount of Rs.29,11,021/- by the 4 to 7th respondent authorities and (iv) Construction of CC Drain from Thammileru gattu to Irrigation Office in 25th division with through the Agreement No 118/2018-19 dated 4.09.2018 for an amount of Rs.5,68,889 (v) Providing CC Road to the K srinivasarao Cement shop in satyanarayana pet in 4th division (4D/88P) through the Agreement No 113/2018-19 dated 4.09.2018 for an amount of Rs.6,96,690/- forthwith, pending disposal of the writ petition and pass Counsel for the Petitioner: 1. MARELLA RADHA Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING 2. M MANOHAR REDDY (SC FOR MUNC AND MUNC CORP ) 3. GP FOR MUNCIPAL ADMN URBAN DEV The Court made the following: 4 ORDER:- Heard the learned counsel for the petitioner. 2. The petitioner is aggrieved by the action of Respondents in not releasing the payments for the works executed by the petitioner, vide (i) Agreement No.99/2018-19, dated 4.09.2018 (ii) Agreement No.102/2018- 19, dated 4.9.2018 (iii) Agreement No.287/2018-19, dated 11.10.2018 (iv) Agreement No.118/2018-19, dated 4.09.2018 and (v) Agreement No.113/2018-19, dated 4.09.2018, executed under Measurement Book. 3. The learned counsel for the petitioner submits that amount has been credited to the account of the petitioner. 4. Recording the same, this Court is of the view that no further adjudication is required on merits. 5. Accordingly, the Writ Petition is closed. There shall be no order as to costs. As a sequel, interlocutory applications pending, if any, shall stand closed. ____________________ JUSTICE HARINATH.N Date: 12.09.2025 SR