Extracted from the PDF above. The PDF is authoritative.
APHC010062052025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRUUSTICE HARINATH.N WRIT PETITION NO: 3468 OF 2Ci7fi Between: Gokeda Veera Venkata Rao, S/o. Krishna Murthy, 6.13/2, Bonam Street, Kakinada (Urban), Kakinada, Contractor, R/o. D.No. 37- 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
4. The District Collector, East Godawari District
5. The Kakinada Municipal Corporation Kakinada, East Godawari District , Kakinada Kakinada. Rep by its Commissioner ...RESPONDENTS of India praying that in the the High Court may be 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 Petition under Article 226 of the Constitution circumstances stated in the affidavit filed therewith pleased to issue a writ, order
completion of aforesaid works as per the details mentioned in the work orders No. i). Roc.No.32967/2023/E3, dated 15.03.2024, Estimated Amount is Rs. 3,50,000/- and Final Bill Amount is Rs. 2,59,228/-, ii). Roc.No. 405637/2022/E3, dated 17.5.2022, Estimated Amount is Rs. 5,90,000/- and Final Bill Amount is Rs. 4,42,821/-, iii). Roc.No. 32968/2023/E3, dated 15.03.2024, Estimated Amount is Rs. 3,60,000/- and Final Bill Amount is Rs. 2,60,700/-, iv). Roc.No. 1617/2022//E3, dated 13.04.2023, Estimated Amount is Rs. 4,00,000/- and Final Bill Amount is Rs. 3,07,853/-, v). Roc.No. 6735/2023/E3, dated 03.11.2023, Estimated Amount is Rs. 92,512/- and Final Bill Amount is Rs. 92,512/-, vi). Roc.No. 407465/2022/E3, dated 17.05.2022, Estimated Amount is Rs. 4,50,000/- and Final Bill Amount is Rs. 3,90,126/-, vii). Roc.No. 32966/2023/E3, dated 15.03.2024, Estimated Amount 9,20,000/- is Rs. and Final Bill Amount is Rs. 7,25,760/- viii). Roc.No. 19587/2023/E2, dated 29.08.2023, Estimated Amount is Rs. 9,99,000/- and Final Bill Amount is Rs. 7,86,323/-, ix). Roc.No.4849/2023/E3, 29.08.2023, Estimated Amount is Rs. 5,65,000/- and Final Bill Amount Rs. 4,16,101/- for the works executed by it, withholding proposed pending final total bill amount for the above 9 Rs.36,81424/- dated is Rs.
the payment of work orders is even after finalizing the bills payable to the petitioner for temporarily providing transportation of water supply arrangements to Chalivendrams and other works at various locations in Kakinada Municipal even after completion of defect Corporation., and approved for payment liability period and inspite of repeated discriminatory, unjust enrichment, violative of Articles requests, as illegal, arbitrary. 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 in respect of aforesaid works along with interest accrued thereon. to the petitioner
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 temporarily providing transportation of water supply arrangements to Chalivendrams and other works at various locations in Kakinada Municipal Corporation., the final total bill amount for the above 9 work orders is Rs.36,81424/- pending disposal of the main Writ Petition and pass Counsel for the Petitioner: SRI RAM BABU DEVAVARAPU Counsel for the Respondent Nos.1 & 4: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent No.2:GP FOR FINANCE AND PLANNING Counsel for the Respondent Nos.3 & 5:SRI M. KRISHNA RAO, SC FOR KMC The Court made the following order:
i APHC010062052025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] > THURSDAY,THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 3468/2025 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 AND 1.THE STATE OF AP.
REP BY ITS PRINCIPAL SECRETARY MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, A P SECRETARIAT AT VELAGAPUDI AMARAVATHI GUNTUR DISTRICT 2.THE STATE OF AP, 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 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 successful completion of aforesaid works as per the details mentioned in the work orders No. i). Roc.No. 32967/20231E3, dated 15.03.2024, Estimated Amount is Rs. 3,50,000/- and Final Bill Amount is Rs. 2,59,228/-, ii). Roc.No. 405637120221E3, dated 17.5.2022, Estimated Amount is Rs. 5,90,000/- and Final Bill Amount is Rs. 4,42,821/-, iii). Roc.No. 3296812023/E3, dated 15.03.2024, Estimated Amount is Rs. 3,60,000/- and Final Bill Amount is Rs. 2,60,700/-, iv). Roc.No. 1617/2022//E3, dated 13.04.2023, Estimated Amount is Rs. 4,00,000/- and Final Bill Amount is Rs. 3,07,853/-, v). Roc.No. 673512023/E3, dated 03.11.2023, Estimated Amount is Rs. 92,512/-and Final Bill Amount is Rs. 92,512/-, vi). Roc.No. 407465/2022/E3, dated 17.05.2022, Estimated Amount is Rs. 4,50,000/- and Final Bill Amount is Rs. 3,90,126/-, vii). Roc.No. 32966/2023/E3, dated 15.03.2024, Estimated Amount is Rs. 9,20,000/- and Final Bill Amount is Rs. 7,25,760/-, viii). Roc.No. 19587/2023/E2, dated 29.08.2023, Estimated Amount is Rs. 9,99,000/- and Final Bill Amount is Rs. 7,86,323/-, ix). Roc.No. 4849/2023/E3, dated 29.08.2023, Estimated Amount is Rs. 5,65,000/- and Final Bill Amount is Rs. Rs.
4,16,101/- for the works executed by it, withholding the payment of proposed pending final total bill amount for the above 9 work orders is Rs.36,81424/- even after finalizing the bills payable to the petitioner for temporarily providing transportation of water supply arrangements to Chalivendrams and other works at various locations in Kakinada Municipal Corporation., and approved for payment, even after completion of defect liability period and inspite of repeated requests, as illegal, arbitrary, discriminatory, unjust enrichment, violative 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 and pass lA NO: 1 OF 2025 amounts admittedly due to the petitioner despite 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 temporarily providing transportation of water supply arrangements to Chalivendrams and other works at various locations in Kakinada Municipal Corporation., the final total bill amount for the above 9 work orders is Rs.36,81424/- pending 18 disposal of the main Writ Petition and pass
V Counsel for the Petitioner:
1. RAM BABU DEVAVARAPU Counsel for the Respondent(S):
1.GP FOR MUNCIPAL ADMN URBAN DEV 2.GP FOR FINANCE PLANNING
H The Court made the following Order:
Learned counsel for the petitioner submits that the petitioner has completed the works which were entrusted and submitted final bills. However, amounts have not been paid. Aggrieved by the same, the present Writ Petition is filed.
2. No counter-affidavit has been filed by the respondents. Learned Standing Counsel for respondents 3 & 5 submits that the bills could not be paid on account of financial constraints. It is further stated that the petitioner will be paid soon after the release of the budget. Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Municipal Administration and Urban Development, for respondents 1 & 4; the learned Assistant Government Pleader for Finance and Planning, for the 2"'^ respondent and the learned Standing Counsel for respondents 3 & 5. Considering the
submissions, the respondents 2 & 5 are hereby
directed to verify and release the payment due payable to the petitioner as expeditiously as possible, preferably within a period of six (6) weeks from the date of receipt of a copy of this order.
3.
4.
5.
6. Accordingly, the Writ Petition is disposed of. No costs.
7. Pending miscellaneous petitions, if any, shall stand closed.
Sd/- V.DIWAKAR DEPUTY registrar //TRUE COPY// SECTION OFFICER To, Municipal Administration and Urban
1. The Principal Secretary Development, State of Andhra Pradesh, A. P. Secretariat at Velagapudi Amaravathi, Guntur District
'V.
2. The Principal Secretary, Finance Department, State of Andhra Pradesh, 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 KMC[OPUC] Two CCs to GP for Municipal Administration and Urban Development, High Court of Andhra Pradesh [OUT] Two CCs to GP for Finance and Planning, High Court of Andhra Pradesh [OUT]
10. Two CD Copies.
8.
9. ssb
HIGH COURT DATED:21/08/2025
ORDER WP No.3468 OF 2025 g t l SEP 2025 m to/ 4^// ^ . Current section ^ patch^'^ DISPOSING OF THE W.P. WITHOUT COSTS