IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 4532 OF 2025 Between: 1. N. Venkata Krishna Varma, S/o. Nadimpalli Satyanarayana Raju, Age: 55 years, 68-10-20/4,Vidyut Nagar, Kakinada. M/S. Swarnabharathi SC Boat and sand workers labour co-operative society ltd.,. Rep.by.its. President D.Bhadram S/o.Dokuburra Veeranna D.no.59-8-39, Kakinada,East Godavari District. 2. ...PETITIONERS AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Municipal Administration, Secretariat Building, Velagapudi, Amaravathi, Guntur. Municipal Corporation Kakinada, rep. by its Commissioner, Kakinada Kakinada District. Municipal Corporation Kakinada, Rep.by its Executive Engineer Kakinada District The State of Andhra Pradesh, Rep. by its Principal Secretary Department of Finance and Planning, Secretariat Buildings, Velagapudi; Amaravathi, Guntur District. 1. 2. 3. 4. ...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 an appropriate Writ Order or direction more particularly in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the payments of pending amounts of Rs. one 17,24,651/- (Seventeen Lakhs, Twenty four Thousand, Six Hundred and Fifty one Rupees only) even after finalizing the bills payable to the petitioner in relation to the Two works i.e “I, Providing a) C.C.Drains from D.No.45-1- 34 to sai baba temple at paradesamma peta main street,from ramalayani inplf to Srinivasa medical at nunna vari street from D.no.44-13-5 to 44-i ''"*^'%fpemmada vari street B) R.C.C.Culverts at pemmada vari street and street in 26th Division.Agreement No. 331 /2022^ 2023,Dated.29.03.2023,II. Providig a) C.C.Road from D.no.60- 8-15 60-8- 15/3 atjoga vari street ,b) C.C.Drain from D.no.60-8-15 to 60-8-15/3 at joga vari street,From D.no.60-7-8 to 60-7-6 at molli vari street c) R.C.C.Culverts at D.no.58-1-50 ,D.no.58-1-55,D.no.60-5-20 in market street ,22 Division(GGMP), Agreement no.25/23-24 Dated. 16/05/2023” For the year 2023 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. 17,24,651/- (Seventeen Lakhs, Twenty four Thousand, Six Hundred and Fifty one Rupees only) with interest @ 24% per annum for the delayed amount till date of realization for the works executed by the petitioner. I'S-' > mr f. ¥ nd 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 releasing the amounts payable to him' pending disposal of the write petition. Counsel for the Petitioners: SRI SINGAMSETTY V.M. SANKAR Counsel for the Respondent No.1: GP FOR MUNICIPAL ^ ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent Nos.2 & 3: SRI M. KRISHNA RAO, SC FOR MUNICIPAL CORPORATIONS Counsel for the Respondent No.4: GP FOR FINANCE & PLANNING The Court made the following: ORDER APHC010082622025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] 0?? FRIDAY, THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 4532/2025 Between: N. Venkata Krishna Varma and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1.SINGAMSETTY V.M. SANKAR Counsel for the Respondent(S): 1 .GP MUNCIPAL ADMN AND URBAN DEV AP 2.GP FOR FINANCE PLANNING The Court made the following Order: The learned counsel appearing for the petitioners submits that the petitioners had completed works relating to 1. Providing a) C.C. Drains from Door No.45-1-34 to Sai Baba Temple at Paradesamma Peta Main Street from Ramalayam Temple to Srinivasa Medical at Nunna Vari Street from Door No.44-13-5 to 44-10-11 at Pemmada Vari Street B) R.C.C.Culverts at Pemmada Vari Street and nunna vari street in 26'*^ Division, vide Agreement No. 331/2022-2023, dated 29.03.2023, II Providing a) C.C. Road from D.no. 60-8-15 60-8-15/3 at joga vari street, b) C.C. Drain from D.no. 60-8-15 to 2 60-8-15/3 at joga vari street, From D.no. 60-7-8 to 60-7-6 at molli vari street c) R.C.C. Culverts at D.no. 58-1-50, D.no. 58-1-55, D.no. 60-5-20 in market street, 22"“^ Division (GGMP), wde Agreement No.25/23-24, dated 16/05/2023. It is further submitted that the petitioner has submitted the bills for payment, but the respondent Nos. 2 and 3, even after submission of final bills have not released the amounts due payable to the petitioner. This Court, in W.P.No. 10038 of 2021 and a batch of writ petitions, dealt 2. with similar matters where the respondents failed to release the amounts legitimately due to the petitioners therein. Denial of the legitimate amounts payable to the petitioner would amount to depriving the petitioner of the right to live. As such, this Court holds that withholding the amount to which the petitioner is legally entitled is illegal, arbitrary, improper, unjust, and violative of Article 21 of the Constitution of India. On these facts and circumstances, this Writ Petition is allowed, directing the respondents to verify the bills submitted by the petitioner within a period of two (02) weeks from the date of receipt of this order, and thereafter, release the amounts within a period of four (04) weeks thereafter. There shall be no 3. order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- M. SRINIVAS assistant registrar SECTION OFFICER //TRUE COPY// To, 1. The Principal Secretary, Department of Municipal Administration, State of Andhra Pradesh, Secretariat Building, Velagapudi, Amaravathi, Guntur. V 1 2. The Commissioner, Municipal Corporation Kakinada, Kakinada Kakinada District. 3. The Executive Engineer, Municipal Corporation Kakinada, Kakinada District 4. The Principal Secretary, Department of Finance and Planning, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 5. One CC to Sri Singamsetty V.M. Sankar, Advocate [OPUC] 6. One CC to Sri M.Krishna Rao, SC for Municipal Corporations[OP UC] 7. Two CCs to GP for Municipal Administration and Urban Development, High Court of Andhra Pradesh. [OUT] 8. Two CC’s to GP for Finance and Planning, High Court of A.P. at Amaravati[OUT] 9. Three CD Copies. ssb HIGH COURT DATED:21/02/2025 ORDER S’ WP.No.4532 of 2025 1=5 0 MAR 2025 Co ^ . Current Section . ^ ALLOWING THE W.P. WITHOUT COSTS