APHC010643862025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY,THE TWENTY EIGHTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 33230/2025 Between: 1. KARRI VEERA VENKATA SATYANARAYANA SWAMY,, S/O. VENATESWARA RAO.AGE 35 YEARS, R/O. 1-5-33, KARRI VARI STREET,KONDAYAPALEM, KAKINADA,EAST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, 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. MUNICIPAL CORPORATION KAKINADA, 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. 21,46,434/- (Twenty One Lakhs, Forty Six Thousand Four hundred and Thirty Four Rupees only) even after finalizing the bills payable to the petitioner in relation to the Three works i.e.. I. Providing B.T. Surface pot hole repairs covering mes road, BTCC Roads of traffic routes etc in 43 to 50 wards due to surface damaged by laying of water supply pipe line road cutting waste water pipe line ,DFC Cables potholes and damaged culvert approaches,Agreement no.18/2022-23 (Rs.8,21,729/-), II. Providing ista mix surface for pot holes repairs to 1 to 6 wars in Kakinada municipal corporation. Agreement no.184/EE-1/2022-2023 (Rs.8,34,063/-), III. Providing cc surface pot hole repairs in 1 to 6th and 35th wards of Kakinada municipal corporation (Rs.4,43,525/-) , For the year 2022 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. 21,46,434/- (Twenty One Lakhs, Forty Six Thousand Four hundred and Thirty Four Rupees only) with interest @ 24percent per annum for the delayed amount till date of realization for the works executed by the petitioner 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. 21,46,434/- (Twenty One Lakhs, Forty Six Thousand Four hundred and Thirty Four Rupees only) payable to him, pending disposal of the write petition 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 the 3 works ie., I. Providing B.T. Surface pot hole repairs covering mes road, BTCC Roads of traffic routes etc in 43 to 50 wards due to surface damaged by laying of water supply pipe line road cutting waste water pipe line, DFC Cables potholes and damaged culvert approaches, vide Agreement no.18/2022-23, II. Providing ista mix surface for pot holes repairs to 1 to 6 wars in Kakinada municipal corporation, vide Agreement no.184/EE-1/2022- 2023, and III. Providing cc surface pot hole repairs in 1 to 6th and 35th wards of Kakinada municipal corporation. 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.21,46,434/-. 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 work 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 Government Pleader for Municipal Administration and Urban Development, 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 submits that the bills have also been approved and sent to the 4 Finance Department for clearance and that soon after release of the said amount, the bills shall be cleared. The learned Standing Counsel also 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. 5. Considering the submissions, the respondent Nos.2 and 4 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 28.11.2025 PNS