IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY EIGHTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 4462 OF 2Q2fi Between: Kuruba Anand, S/o (late) K. Allappa, Aged 60 years, R/o D.No.5/229, Kilchinpeta, Sukrampeta, Adoni, Kurnool District-518301 ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by Its Principal Secretary Government, Municipal Administration Department Veiagapudi, Amaravathi, Thullur Mandal 2. State of Andhra Pradesh, Rep. by its Principal Secretary Government, Finance Department, Secretariat Amaravathi, Thullur Mandal, Guntur District. 3. The Adoni Municipality, Rep By it's Commissioner, District. 4. The Municipal Engineer, Adoni Municipality, Kurnool to , Secretariat, Guntur District. to Veiagapudi, Adoni, Kurnool 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 be pleased to issue a Writ, Order may or Direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in not releasing the pending due payments of amount Rs. 5,40,566/- even after finalizing the bills, payable to the petitioner In relation to the work i.e., “Construction of 10 to Seaters Community toilets at Chowki Mattam Area any other appropriate writ or direction or Municipal public toilet under Call of Agreement. No. 150/2019-20, SAC Funds 2018-19-3 dated 18.03.2020 Vide M.Book SAC Funds, Constitution of India and No.294/2020-21 for Adoni Municipality of Art 14 and 21 of consequently direct the respondent authorities 5,40.566/- with interest for the pending work executed by the petitioner. Under as illegal, arbitrary and violative to release the pending amounts of Rs. bills forthwith for the above said lA NO: 1 OF Petition under Section 151 CPC praying that in the circumstances stated ,n the affidavit fiied in support of the petition, the High Court may be pleased to direct respondents to consider for Pending Amount Bilts of Rs 5,40,566/- With interest for the work executed by the petitioner for the various work in Adoni Municipality through the Agreements forthwith, pending disposal of the main Writ Petition. Counsel for the Petitioner: SRI KOMMA VIJAYA Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT GP FOR FINANCE AND PLANNING M/s. SIREESHA RANI RAJ KUMAR Counsel for the Respondent No.2: Counsel for the Respondent Nos.3 & 4; VALLABHANENI, SC FOR MUNICIPALITIES The Court made the following: ORDER 1 APHC010082942025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] FRIDAY ,THE TWENTY EIGHTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 4462/2025 Between: Kuruba Anand ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. KOMMA ViJAYA RAJ KUMAR Counsel for the Respondent(S): 1.GP FOR MUNCIPAL ADMN URBAN DEV 2.GP FOR FINANCE PLANNING The Court made the following: 2 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief; “. ..to Issue a Writ, Order, or Direction more particularly one In the nature of WRIT OF MANDAMUS or any other appropriate writ or direction declaring the action of the respondents in not releasing the pending due payments of amount Rs. 5,40,566/- even after finalizing the bills, payable to the petitioner in relation to the work i.e., to Seaters Community toilets at Chowki Mattam Area Municipal public toilet under SAC Funds 2018-19-3rd Call of Agreement.No. 150/2019-20, dated 18.03.2020 Construction of 10 Vide M.Book No. 294/2020-21 for Adoni Municipality Under SAC Funds, as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and conseguently direct the respondent authorities to release the pending amounts of Rs. 5,40,566/- with interest for the pending bllis forthwith for the above said work executed by the petitioner and pass ” 2. Heard learned counsel for the petitioner and learned counsel appearing for the respondents. 3. Learned counsel for the petitioner submits that even though respondents admitted that the petitioner is entitled for payment of the aforesaid sum of money, no payment is being made and such non-payment of money is clearly arbitrary and high-handed and thereby requires interference by this Court. 3 Today, when the matter came up for hearing, learned Standing Counsel for respondent No.3 has produced a copy of instructions received from the 3'^^ respondent dated 18.02.2025 wherein it is stated the Managing Director of Swachha Andhra Corporation, MA&UD, has accorded administrative sanction vide proceedings No.83(8)/SAC/COO(S)/CTs.PTs&STs/2018, dated 27.06.2021 and 16.04.2020 under Swachha Andhra Corporation to the Adoni Municipality for construction of 15 number of public toilets for Rs. 132.30 lakhs and released 50% of the amount i.e. 66.15 lakhs to the 3'"^ respondent. Accordingly, the 3'"' respondent has initiated steps to upload the work bill in PFMS portal in the SAC funds account, but, from March, 2024, due to lack of funds in the account, the amount could not be paid to the petitioner. As such, a letter was addressed to the Managing Director on 28.08.2024 requesting to release the balance funds. It is further stated that the amounts payable to the petitioner would be paid as soon as the funds are released by the Managing Director, Managing Director of Swachha Andhra Corporation, MA&UD. 4. In view of the above instructions, since the bill amount claimed by the petitioner is an admitted bill, this Court feels it appropriate to dispose of the writ petition directing the respondents to release the amount payable to the petitioner within a period of three (3) months from the date of receipt of a copy of this order. 5. 4 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed. Sd/- P.VINOD KUMAR ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary to Government, Municipal Administration Department, State of Andhra Pradesh, Secretariat, Veiagapudi, Amaravathi, Thullur Mandal, Guntur District. 2. The Principal Secretary to Government, Finance Department, State of Andhra Pradesh, Secretariat, Veiagapudi, Amaravathi, Thullur Mandal, Guntur District. 3. The Commissioner, Adoni Municipality, Adoni, Kurnool District. 4. The Municipal Engineer, Adoni Municipality, Kurnool District. 5. One CC to Sri Komma Vijaya Raj Kumar, Advocate [OPUC] 6. One CC to M/s. Sireesha Rani Vallabhaneni, SC for Municipalities[OPUC] 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 Andhra Pradesh[OUT] 9. Three CD Copies. ssb HIGH COURT DATED:28/02/2025 ORDER WP.No.4462 of 2025 01 APR 2025 H ^ . Current Section . ^ DISPOSING OF THE W.P. WITHOUT COSTS