APHC010556952025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE TWENTY SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 28885/2025 Between: 1. SHAIK CHAND PEERA, S/O. SHAIKBASHUSAHEB, AGED 53 YEARS, OCC. CONTRACTOR, R/O. 7/32, BHAGYANAGAR, GUNTAKAL, ANANTHAPURAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT, VELAGAPUDI, AMARAVATHI. 3. THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, GUNTUR, A.P. 4. THE DISTRICT COLLECTOR, , ANANTHAPURAM, ANANTHAPURAM DISTRICT. 5. THE GUNTAKAL MUNICIPALITY, REP. BY IT COMMISSIONER, GUNTAKAL. 6. THE EXECUTIVE ENGINEER, GUNTAKAL MUNICIPALITY, GUNTAKAL. ...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 or order or a direction more particularly one in the nature of writ of MANDAMUS declaring the action of the respondents in not releasing the admitted 1 and Final bills amount of Rs.20,36,985/- (8,67,871 plus 4,56,603 plus 7,12,511) in respect of execution of three works for 1) Construction of Community Hall at Nayi Brahmin Colony in Guntal Municipality vide Agreement No. 81/CDMF/2023-24/E1 dated 05.07.2023, 2) Construction of Community Hall at 7th ward in Guntakal Municipality vide Agreement No. 82/CDMF/2023-24/E1 dated 06.07.2023 and 3) Construction of Community Hall near Thimmanacherla Railway Station in Guntakal vide Agreement NO.83/CDMF/2023-24/E3, Dated 06.07.2023 in Guntakal Municipality, Guntakal, Anantapuram District, under CDMF funds, which is illegal, arbitrary and violative of Articles 14, 21 and 300-A of the Constitution of India and also violative of principles of natural justice, consequently direct the respondents to release the bills amount of Rs.20,36,985/-, due to the petitioner in respect of execution of three works forthwith interest of 18 percent and to 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 release the bills amount of Rs.20,36,985/- due to the petitioner in respect of execution of 3 works for Construction of Community Halls in Guntakal Municipality, Guntakal, Ananthapuram District, immediately, pending disposal of the main writ petition and pass Counsel for the Petitioner: 1. MARUPILLI SARADA Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV 2. GP FOR FINANCE PLANNING The Court made the following: 3 ORDER:- The learned counsel for the petitioner submits that the petitioner was awarded 3 works i.e., 1) Construction of Community Hall at Nayi Brahmin Colony in Guntal Municipality vide Agreement No. 81/CDMF/2023-24/E1 dated 05.07.2023, 2) Construction of Community Hall at 7th ward in Guntakal Municipality vide Agreement No. 82/CDMF/2023-24/E1 dated 06.07.2023 and 3) Construction of Community Hall near Thimmanacherla Railway Station in Guntakal vide Agreement No.83/CDMF/2023-24/E3, Dated 06.07.2023 in Guntakal Municipality, Guntakal, Anantapuram District. 2. The learned counsel further submits that the petitioner duly executed the works and thereafter submitted final bills for an amount of Rs.20,36,985/-. It is submitted that the said final bills were duly endorsed by the competent authority. A statement detailing the works executed by the petitioner was prepared, and the progress of the works was recorded in the M-book. The Quality Control Report was also filed by the petitioner. 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, the learned Standing Counsel for the Municipality and the learned Assistant Government Pleader for Finance and Planning. 4 4. During the course of hearing, the learned Standing Counsel appearing for the Municipality does not dispute the submissions made by the petitioner with respect to the completion of works 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. 7. Pending miscellaneous petitions, if any, shall stand closed. ____________________ JUSTICE HARINATH.N 27.10.2025 PNS