APHC010422182024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY, THE NINTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 22159/2024 Between: 1. MOPATI CHANDRA SEKHAR REDDY, S/O. SUNDRA RAMI REDDY AGE 51 YEARS, OCC-CONTRACTOR R/O. D. NO. 6-5-165, PITCHI REDDY THOPU VILLAGE, NAIDUPETA MANDAL,TIRUPATI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION DEPARTMENT, A.P. SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT A.P. SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI 3. THE COMMISSIONER AND DIRECTOR MUNICIPAL ADMINISTRATION A P, GORANTLA, GUNTUR DISTRICT. 4. THE NAIDUPETA MUNICIPALITY, NAIDUPETA, TIRUPATI DISTRICT. REP BY ITS COMMISSIONER 5. THE ASSISTANT EXECUTIVE ENGINEER, NAIDUPETA MUNICIPALITY NAIDUPETA, TIRUPATI 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 2 pleased toMay be pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of MANDAMUS declaring the action of the respondents in not releasing payment for the bills to the petitioner for the works executed by him namely i.e i) Construction of RCC Retaining Wall across Vinnamala Channel from Kudush House to Jani Basha House at Mazjid Street, in Ward No. 23 under agreement No. 41/2023-24, Dated 25.08.2023 for an amount of Rs. 4,80,960/-, ii) Providing CC Drain from Y. Syamala House to Vinayaka Temple at Chakala Colony, in Ward No. 22 under Agreement No. 45/2023-24, Dated 25.08.2023 for an amount of Rs. 1,91,837/-, iii) Construction of CC Road from Amir Bhai House to Maszid Main Road at Mazjid Street, in Ward No. 23 under agreement No. 42/2023- 24, Dated 25.08.2023 for an amount of Rs. 4,69,754/-, iv) Construction of CC Road from Y.Parvathamma House to T.Nagamma House at Yetigattu ST Colony, in Ward No. 22 under agreement No. 44/2023-24, Dated 25.08.2023 for an amount of Rs. 3,94,847/-, v) Construction of CC Road from A.Krishnamma House to Padmamma House at Yetigattu St Colony, in Ward No. 22 under agreement No. 43/2023-24, Dated 25.08.2023 for an amount of Rs. 3,98,939 /-, vi) Providing 90mm Dia PVC Pipeline from Y.Kristaiah House to Thummuru Main road at NBKR Colony under agreement No. 51/2023-24, Dated 25.08.2023 for an amount of Rs. 2,18,315 /-, vii) Providing GSB to the road from B.Raju House to Main CC Road at Mohan babu Thota under agreement No. 52/2023-24, Dated 25.08.2023 for an amount of Rs. 4,75,000/-, viii) Providing 90 Dia PVC Pipeline Madina Mechanical workshop to dumsup gowdom via rama Subbaiah Hospital under agreement No. 64/2023-24, Dated 05.10.2023 for an amount of Rs. 96,707/-, ix) Providing Painting and Repairs of Windows and Doors to Ambedhkar Bhavan in Naidupeta under agreement No. 85/2023-24, Dated 08.10.2024 for an amount of Rs. 4,89,052/-, x) Providing CC Culvert Near Door No. 5-5-233 at Pitch Reddy thopu and Near Transformer at Agraharapeta SC Colony under agreement No. 79/2023-24, Dated 06.10.2023 for an amount of Rs. 69,873/-, xi) Providing for Arch, Childrens Chairs and Tables at Ghandhi Park under agreement No. 54/2023-24, Dated 05.10.2023 for an amount of Rs. 2,83,613/-, xii) Construction of Out Door Play Equipments for Childrens at Gandhi Park under agreement No. 02/2023, Dated 03.04.2023 for an amount of Rs. 4,84,187/-, xiii) Construction of Watchman room and Toilets in Gandhi Park under agreement No. 01/2023-24, Dated 03.04.2023 for an amount of Rs.4,87,141/-, xiv) Providing Arch in North and South Entrance and Electrification to Watchman room and Toilets in Gandhi Park under agreement No. 3/2023-24, Dated 18.04.2023 for an amount of Rs. 4,89,877/-, xv) Construction of RCC Culvert near Chenchuramaiah House and Shaik 3 Gousinesa Began House Door No. 5-3-118 at Garidi Street in Ward No. 14 under agreement No. 42/2023-24, Dated 23.06.2023 for an amount of Rs.84,673/- and xvi) construction of RCC Culvert near M. Srinivasulu Door No. 5-3-100 at Amara Garden in Ward No. 14 under agreement No. 41/2023- 24, Dated 23.06.2023 for an amount of Rs. 75,564/- as illegal, arbitrary, malafidy, high-handed, and contrary to the procedure established by law apart from being voilative of Articles 14 and 19 (1) (g) of the Constitution of India and consequentially direct the respondents to release the payment of above bill along with interest forthwith in the interest of justice and pass. IA NO: 1 OF 2024 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 may be pleased to direct the respondents to pay the bill of the petitioner for the works executed by him namely i.e. . i) Construction of RCC Retaining Wall across Vinnamala Channel from Kudush House to Jani Basha House at Mazjid Street, in Ward No. 23 under agreement No. 41/2023-24, Dated 25.08.2023 for an amount of Rs. 4,80,960/-, ii) Providing CC Drain from Y. Syamala House to Vinayaka Temple at Chakala Colony in Ward No. 22 under Agreement No. 45/2023-24, Dated 25.08.2023 for an amount of Rs. 1,91,837/-, iii) Construction of CC Road from Amir Bhai House to Maszid Main Road at Mazjid Street, in Ward No. 23 under agreement No. 42/2023- 24, Dated 25.08.2023 for an amount of Rs. 4,69,754/-, iv) Construction of CC Road from Y.Parvathamma House to T.Nagamma House at Yetigattu ST Colony, in Ward No. 22 under agreement No. 44/2023-24, Dated 25.08.2023 for an amount of Rs. 3,94,847/-, v) Construction of CC Road from A.Krishnamma House to Padmamma House at Yetigattu St Colony, in Ward No. 22 under agreement No. 43/2023-24, Dated 25.08.2023 for an amount of Rs. 3,98,939 /-, vi) Providing 90mm Dia PVC Pipeline from Y.Kristaiah House to Thummuru Main road at NBKR Colony under agreement No. 51/2023-24, Dated 25.08.2023 for an amount of Rs. 2,18,315/-, vii) Providing GSB to the road from B.Raju House to Main CC Road at Mohan babu Thota under agreement No. 52/2023-24, Dated 25.08.2023 for an amount of Rs. 4,75,000/-, viii) Providing 90 Dia PVC Pipeline Madina Mechanical workshop to dumsup gowdom via rama Subbaiah Hospital under agreement No. 64/2023-24, Dated 05.10.2023 for an amount of Rs. 96,707/-, ix) Providing Painting and Repairs of Windows and Doors to Ambedhkar Bhavan in Naidupeta under agreement No. 85/2023-24, Dated 08.10.2024 for an amount of Rs. 4,89,052/-, X) Providing CC Culvert Near Door No. 5-5-233 at Pitch! Reddy thopu and Near Transformer at Agraharapeta SC Colony under 4 agreement No. 79/2023-24, Dated 06.10.2023 for an amount of Rs. 69,873/-, xi) Providing for Arch, Children’s Chairs and Tables at Ghandhi Park under agreement No. 54/2023-24, Dated 05.10.2023 for an amount of Rs. 2,83,613/-, xii) Construction of Out Door Play Equipments for Children’s at Gandhi Park under agreement No. 02/2023, Dated 03.04.2023 for an amount of Rs. 4,84,187/-, xiii) Construction of Watchman room and Toilets in Gandhi Park under agreement No. 01/2023-24, Dated 03.04.2023 for an amount of Rs.4,87,141/-, xiv) Providing Arch in North and South Entrance and Electrification to Watchman room and Toilets in Gandhi Park under agreement No. 3/2023-24, Dated 18.04.2023 for an amount of Rs. 4,89,877/-, xv) Construction of RCC Culvert near Chenchuramaiah House and Shaik Gousinesa Began House Door No. 5-3-118 at Garidi Street in Ward No. 14 under agreement No. 42/2023-24, Dated 23.06.2023 for an amount of Rs.84,673/- and xvi) construction of RCC Culvert near M. Srinivasulu Door No. 5-3-100 at Amara Garden in Ward No. 14 under agreement No. 41/2023- 24, Dated 23.06.2023 for an amount of Rs. 75,564/-, pending disposal of the Writ Petition and to pass Counsel for the Petitioner: 1. KAMBHAMPATI RAMESH BABU Counsel for the Respondent(S): 1. Gudapati Lakshminarayana SC For Municipalities in Rayalaseema Region 2. GP MUNCIPAL ADMN AND URBAN DEV AP 3. GP FOR FINANCE PLANNING The Court made the following: 5 ORDER:- The learned counsel for the petitioner submits that the petitioner has awarded the works for “i) Construction of RCC Retaining Wall across Vinnamala Channel from Kudush House to Jani Basha House at Mazjid Street, in Ward No. 23 under agreement No. 41/2023-24, Dated 25.08.2023 for an amount of Rs. 4,80,960/-, ii) Providing CC Drain from Y.Syamala House to Vinayaka Temple at Chakala Colony, in Ward No. 22 under Agreement No. 45/2023-24, Dated 25.08.2023 for an amount of Rs.1,91,837/-, iii) Construction of CC Road from Amir Bhai House to Maszjid Main Road at Mazjid Street, in Ward No. 23 under agreement No. 42/2023- 24, Dated 25.08.2023 for an amount of Rs.4,69,754/-, iv) Construction of CC Road from Y.Parvathamma House to T.Nagamma House at Yetigattu ST Colony, in Ward No. 22 under agreement No. 44/2023-24, Dated 25.08.2023 for an amount of Rs.3,94,847/-, v) Construction of CC Road from A.Krishnamma House to Padmamma House at Yetigattu St Colony, in Ward No. 22 under agreement No. 43/2023-24, Dated 25.08.2023 for an amount of Rs.3,98,939 /-, vi) Providing 90mm Dia PVC Pipeline from Y.Kristaiah House to Thummuru Main road at NBKR Colony under agreement No. 51/2023-24, Dated 25.08.2023 for an amount of Rs.2,18,315 /-, vii) Providing GSB to the road from B.Raju House to Main CC Road at Mohan Babu Thota under agreement No.52/2023-24, Dated 25.08.2023 for an amount of Rs.4,75,000/-, viii) Providing 90 Dia PVC Pipeline Madina Mechanical workshop to dumsup gowdom via Rama Subbaiah Hospital under agreement No. 64/2023-24, 6 Dated 05.10.2023 for an amount of Rs.96,707/-, ix) Providing Painting and Repairs of Windows and Doors to Ambedhkar Bhavan in Naidupeta under agreement No.85/2023-24, Dated 08.10.2024 for an amount of Rs.4,89,052/-, x) Providing CC Culvert Near Door No.5-5-233 at Pitch Reddy Thopu and Near Transformer at Agraharapeta SC Colony under agreement No. 79/2023- 24, Dated 06.10.2023 for an amount of Rs.69,873/-, xi) Providing for Arch, Children Chairs and Tables at Ghandhi Park under agreement No.54/2023- 24, Dated 05.10.2023 for an amount of Rs.2,83,613/-, xii) Construction of Out Door Play Equipments for Children at Gandhi Park under agreement No.02/2023, Dated 03.04.2023 for an amount of Rs.4,84,187/-, xiii) Construction of Watchman room and Toilets in Gandhi Park under agreement No.01/2023-24, Dated 03.04.2023 for an amount of Rs.4,87,141/-, xiv) Providing Arch in North and South Entrance and Electrification to Watchman room and Toilets in Gandhi Park under agreement No. 3/2023-24, Dated 18.04.2023 for an amount of Rs.4,89,877/-, xv) Construction of RCC Culvert near Chenchuramaiah House and Shaik Gousinesa Began House Door No. 5-3-118 at Garidi Street in Ward No.14 under agreement No.42/2023-24, Dated 23.06.2023 for an amount of Rs.84,673/- and xvi) construction of RCC Culvert near M. Srinivasulu Door No. 5-3-100 at Amara Garden in Ward No. 14 under agreement No.41/2023-24, Dated 23.06.2023. 2. The learned counsel further submits that the petitioner duly executed the work and thereafter submitted final bills. It is submitted that the said final bills were duly endorsed by the competent authority. A statement detailing the 7 work executed by the petitioner was prepared and the 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 work 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, 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 work undertaken. 5. Considering the submissions, the concerned respondents are hereby directed to verify and release the payments due payable to the petitioner 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 off. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ____________________ JUSTICE HARINATH.N Dt: 09.10.2025 SR