APHC010082882025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY ,THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 4515/2025 Between: Sai Balaji Constructions Nellore ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. ANNAMNEEDI BALAKRISHNA Counsel for the Respondent(S): 1. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) 2. GP MUNCIPAL ADMN AND URBAN DEV AP 3. GP FOR FINANCE PLANNING The Court made the following: 2 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.4515 of 2025 ORDER: 1. The present Writ Petition is filed questioning the action of the Respondents in not releasing the total due amounts of Rs.39,31,461/- even after finalizing the bills payable to the Petitioner in relation to the works viz., (i) Agreement No.433/GGMP/EEIII/2023-24, dated 29.11.2023 for “Laying CC Road from Amrutha Chest Care Center to Railway Track in Division No.19 of NMC under Gadapa Gadapaku Mana Prabhutvam” vide M. Book No.1245/2023-24 for Rs.16,25,553/-, (ii) Agreement No.426/GGMP/EEIII/2023-24, dated 29.11.2023 for “Laying of CC Road from Srihari Nagar Main Road to Mutyala Palem Road in Division No.19 of NMC under Gadapa Gadapaku Mana Prabhutam” vide M. Book No.1243/2023-24 for Rs.3,29,945/-, (iii) Agreement No.428/GGMP/EEIII/2023-24, dated 29.11.2023 for “Laying of CC Road from Srihari Nagar Main Road to Ramireddy Canal Bridge in Division No.19 of NMC under Gadapa Gadapaku Mana Prabhutvam” vide M. Book No.1246/2023- 24 for Rs.19,75,963/- within the limits of Nellore Municipal Corporation, as illegal and arbitrary. 2. Heard Sri Annamneedi Balakrishna, learned counsel for the Petitioner and Sri A.S.C. Bose, learned Standing Counsel appearing for the Respondent-Corporation. 3. The learned counsel for the Petitioner submits that Petitioner had completed the works within the time prescribed and the amounts are not being paid in spite of repeated demands. Hence, the present Writ Petition is filed. 3 4. A Counter Affidavit is filed on behalf of the Respondent Nos.6 and 7, wherein it is admitted that the Petitioner had executed the works as per the agreements and the Respondent Nos.6 and 7 have prepared and submitted the bills for release of payments. But, the Respondent-Corporation is unable to make the payments due to financial priorities of the State Government. It is further mentioned that the Commissioner had addressed a letter to the Collector & District Magistrate, SPSR Nellore District on 20.02.2024 to release the funds of Rs.14.20 Crores to upload the bills in CFMS portal due to the Petitioner. 5. Since the execution of works and the amounts due to the Petitioner are not in dispute and considering that the Petitioner had executed the works long back, this Court is of the opinion that the Writ Petition can be disposed of with the following direction: (i) The Respondent authorities are directed to pay the amounts due to the Petitioner within a period of four (4) months from today. 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 02.04.2025 IS 4 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.4515 of 2025 Date: 02.04.2025 IS