APHC010059982025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) | imMi WEDNESDAY, THE TWENTY THIRD DAY OF JULY^ TWO THOUSAND AND TWENTY FIVE ^ Vi fH ^ PRESENT THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 3464 OF 2025 Between: Gokeda Veera Venkata Rao, S/o. Krishna Murthy, Contractor, R/o. D.No. 37- 6-13/2, Bonam Street, Kakinada (Urban), Kakinada, East Godawari District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary Municipal Administration and Urban Development, A P Secretariat at Velagapudi Amaravathi, Guntur District 2. The state of Andhra Pradesh, Rep by its Principal Secretary Finance Department, A P Secretariat at Velagapudi Amaravathi Guntur District 3. The Superintendent Engineer, Municipal Corporation, Kakinada 4. The District Collector, East Godawari District, Kakinada. 5. The Kakinada Municipal corporation. Rep by its Commissioner, Kakinada, East Godawari District ...Respondents 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 a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in not releasing the bill amounts admittedly due to the petitioner despite successful completion of aforesaid works as per the details mentioned in the work orders No. i). Roc.No. 21277/2023/E4, dated 05.10.2023, Final Bill Amount is 7,39,564/-, ii). Roc.No. 398270/2022/E4, dated 10.02.2023, Final Bill Amount is 6,80,556/-, iii). Roc.No. 28233/2023/E2, dated 31.08.2023, Final Bill Amount is 3,77,800/-, iv). Roc.No. 1899/2023//E2, dated 18.04.2023, Final Bill Amount Is 3,40,371.20/-, v). Roc.No. 23186/2022/E4, dated 10.02.2023, Final Bill Amount is Rs.6,88,882/-, vi). Roc.No. 8843/2023/E4, dated 06.12.2023, Final Bill Amount is Rs. 4,64,016/-, vii). Roc.No. 365/2024/E4, dated 15.03.2024, Final Bill Amount is Rs. 8,22,764.80/-, viil). Roc.No. 19534/2023/E2, dated 10.10.2023, Final Bill Amount is Rs. 3,23,883.54/-, ix). Roc.No. 3449/2023/E2, dated 06.06.2023, Final Bill Amount is Rs. 6,90,484.81/-, X). Roc.No.3444/2023/E2 dated 27.05.2023, Final Bill Amount is Rs. 6,19,519,36/-,, for the works executed by it, withholding the payment of proposed pending bill/balance amount of Rs. 57,42,890/- even after finalizing the bills payable to the petitioner for providing temporarily engaging of Ex-200 for removal of Fligh Heaps, Supply and Delivery of TMX-200 at Dumping Yard of KMC, Engaging Ex-200 Excavator for lifting. Shifting and shuffling of fresh waste at processing yard in Parlovapeta at KMC, Providing Bail out Engines for Bailing out water and Engaging JCB at various places. Engaging TMX20 and tractors and trucks for desolation at the Kakinada Municipal Corporation., and approved for payment, even after completion of defect liability period and in spite of repeated requests, as illegal, arbitrary, discriminatory, unjust enrichment, violate of Articles 14, 19 and 21 of the Constitution of India, apart from being contrary to the orders of this Hon’ble Court issued from time to time and consequently direct the respondents to forthwith release pending bill/balance amount admittedly due to the petitioner in respect of aforesaid works along with interest accrued thereon. lA 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 forthwith pay the pending bill amounts payable to the Petitioner in relation to the aforesaid works executed by it, for providing temporarily engaging of Ex-200 for removal of High Heaps, Supply and Delivery of TMX-200 at Dumping Yard of KMC, Engaging Ex-200 Excavator for lifting. Shifting and shuffling of fresh waste at processing yard in Parlovapeta at KMC, Providing Bail out Engines for Bailing out water and Engaging JCB at various places. Engaging TMX20 and tractors and trucks for desolation at the Kakinada Municipal Corporation., with the total amount of Rs. 57,42,890/- pending disposal of the main Writ Petition. Counsel for the Petitioner: SRI RAM BABU DEVAVARAPU Counsel for the Respondent Nos. 1 & 4: GP FOR MUNCIPAL ADMN URBAN DEV Counsel for the Respondent No.2: GP FOR FINANCE PLANNING Counsel for the Respondent Nos. 3 & 5: SRI M KRISHNA RAO (SC FOR MUNICIPALCORPORATIONS) The Court made the following order: I APHC010059982025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAYJHE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 3464/2025 Between: 1.GOKEDA VEERA VENKATA RAO, S/0. KRISHNA MURTHY, CONTRACTOR, R/0. D.NO. 37-6-13/2, BONAM STREET, KAKINADA (URBAN), KAKINADA, EAST GODAWARI DISTRICT. ...PETITIONER 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY MUNICIPAL DEVELOPMENT, A P SECRETARIAT AMARAVATHI GUNTUR DISTRICT 2.THE STATE OF ANDHRA PRADESH, REP REP BY ITS PRINCIPAL SECRETARY FINANCE DEPARTMENT, A P SECRETARIAT AT VELAGAPUDI AMARAVATHI GUNTUR DISTRICT 3.THE SUPERINTENDENT ENGINEER, MUNICIPAL CORPORATION KAKINADA 4.THE DISTRICT COLLECTOR, EAST GODAWARI DISTRICT KAKINADA. 5.THE KAKINADA MUNICIPAL CORPORATION, REP BY ITS COMMISSIONER, KAKINADA, EAST GODAWARI 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 topleased 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 the bill amounts admittedly due to the petitioner despite successful completion of aforesaid works as per the details mentioned in the work orders No. i). Roc.No. 21277/2023/E4, dated 05.10.2023, Final Bill Amount is 7,39564/-, ii). Roc.No. 398270/2022/E4, dated 10.02.2023, Final Bill Amount is 6,80,556/-, iii). Roc.No. 28233/2023/E2, dated 31.08.2023, Final Bill Amount is 3,77,800/-, iv). Roc.No. 1899/2023//E2, dated 18.04.2023, Final Bill Amount Is 3,40,371.20/-, v). Roc.No. 23186/2022/E4, dated 10.02.2023, Final Bill Amount is Rs.6,88,882/, vi). Roc.No. 8843/2023/E4, dated 06.12.2023, Final Bill Amount is Rs. 4,64,016/-, vii). Roc.No. 365/2024/E4, 8,22,764.80/-, viil). Roc.No. Amount is Rs. 3,23,883.54/-, ix). Roc.No. 3449/2023/E2, dated 06.06.2023, Final Bill Amount is Rs. 6,90,484.81/-, x). Roc.No.3444/2023/E2 dated AND ADMINISTRATION AND URBAN AT VELAGAPUDI dated 15.03.2024, Final Bill Amount is Rs. 19534/2023/E2, dated 10.10.2023, Final Bill 1 2 27.05.2023, Final Bill Amount is Rs. 6,19,519,36/-,, for the works executed by it, withholding the payment of proposed pending bill/balance amount of Rs. 57,42,890/- even after finalizing the bills payable to the petitioner for providing temporarily engaging of Ex-200 for removal of High Heaps, Supply and Delivery of TMX-200 at Dumping Yard Excavator for lifting. Shifting and shuffling of fresh waste at processing yard in Parlovapeta at KMC, Providing Bail out Engines for Bailing out water and Engaging JCB at various places. Engaging TMX20 and tractors and trucks for desolation at the Kakinada Municipal Corporation payment, even after completion of defect liability period and 13TH of repeated requests, as illegal, arbitrary, discriminatory, unjust enrichment, violate of Articles 14, 19 and 21 of the Constitution of India, apart from being contrary to the orders of this Honble Court issued from time to time and consequently direct the respondents to forthwith release pending bill/balance amount admittedly due to the petitioner in respect of aforesaid works along with interest accrued thereon and pass lA 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 Pleased to direct the Respondents to forthwith pay the pending bill amounts payable to the Petitioner in relation to the aforesaid works executed by it, for providing temporarily engaging of Ex-200 for removal of High Heaps, Supply and Delivery of TMX-200 at Dumping Yard of KMC, Engaging Ex-200 Excavator for lifting. Shifting and shuffling of fresh waste at processing yard in Parlovapeta at KMC, Providing Bail out Engines for Bailing out water and Engaging JCB at various places. Engaging TMX20 and tractors and trucks for desolation at the Kakinada Municipal Corporation., with the total amount of Rs. 57,42,890/- pending disposal of the main Writ Petition and pass Counsel for the Petitioner: 1. RAM BABU DEVAVARAPU Counsel for the Respondent(S): 1.GP FORMUNCIPAL ADMN URBAN DEV 2.GP FOR FINANCE PLANNING of KMC, Engaging Ex-200 and approved for in spite 3 The Court made the following Order; Learned counsel for the petitioner submits that the petitioner has executed works as entrusted by the respondent-corporation for an amount of Rs.57,42,890/-. The petitioner has executed as many as ten works relating to engaging of Ex-200 Excavator for removal of high heaps of Garbage at Dumping Yard and deployed the JCBs, tractors and TMX-200 at various places. All the works were completed and payments are yet to be released. The 5*^ respondent has to release the payments due payable to the petitioner. Though the work progress was recorded in the M-Books and the bills were submitted, no amounts have been forth coming. Heard the learned counsel for the petitioner; the learned Assistant 2. Government Pleader for Municipal Administration and Urban Development; for the respondent Nos.1 and 4, the learned Assistant Government Pleader for Finance and Planning, for the 2""^ respondent and the learned Standing Counsel for the respondent Nos.3 and 5. Considering the submissions, the 5*^ respondent is hereby directed to verify and release the payments due payable to the petitioner as expeditiously as possible preferably within a period of eight (8) weeks from the 3. date of receipt of a copy of this order. Accordingly, the Writ Petition is disposed of. No costs. 4. Pending miscellaneous petitions, if any, shall stand closed. 5. Sd/- B PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// FFICER SEC To, 1. The Principal Secretary, Municipal Administration and Urban Development, A P Secretariat at Velagapudi, Amaravathi Guntur District 2. The Principal Secretary, Finance Department, A P Secretariat at Velagapudi Amaravathi Guntur District 3. The Superintendent Engineer, Municipal Corporation, Kakinada 4. The District Collector, East Godawari District, Kakinada. 5. The Commissioner, Kakinada Municipal corporation, Kakinada, East Godawari District 6. One CC to Sri Ram Babu Devavarapu Advocate [OPUC] 7. One CC to Sri M Krishna Rao (SC for Municipal Corporations) Advocate [OPUC] 8. Two CCs to GP for Muncipal Admn & Urban Dev, High Court of Andhra Pradesh [OUT] 9. Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh [OUT] 10. Two CD Copies TF i HIGH COURT DATED:23/07/2025 ORDER WP NO. 3464 OF 2025 0m n k AUG 2n?5 ^ . Gurrso'i Sscuon * ^^SSPATCWSSr?'-' IBIK# DISPOSING OF THE W.P., WITHOUT COSTS