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: 4506 OF 2025 Between: N Venkata Krishna Varma, S/o. nadimpalli Satyanarayana Raju, Age 55 years 68-10-20/4, Vidyut Nagar,Kakinada ...PETITIONER AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Department of Municipal Administration Secretariat Building, Velagapudi, Amaravathi, Guntur. 2. Municipal Corporation Kakinada, rep.by its Commissioner, Kakinada Kakinada District. 3. Municipal Corporation Kakinada, Rep.by its Executive Engineer Kakinada District. 4. The State of Andhra Pradesh, Rep. by its Principal Secretary Department of Finance and Planning, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed 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 one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents in withholding the payments of pending amounts of Rs. 13,35,536/- (Thirteen Lakhs, Thirty Five Thousand, Five Hundred and Thirty Six Rupees only) even after finalizing the bills payable to the petitioner in relation to the Three works i.e Laying of CC Surface road and 7 Construction of Drain AT D.NO.18-1-1 To 18-1-6, D.NO.18-2-1 To 18-2-7 pilli vari street Anusuri Vari Street in 31A d Division. Agreement No. /2022 023, Deted;05.10.2023, 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. 13,35,536/- (Thirteen Lakhs, Thirty Five Thousand, Five Hundred and Thirty Six Rupees only) with interest @ 24% per annum for the delayed amount till date of realization for the works executed by the petitioner and pass any other order or orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed 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 Petitioner:SRI. VENKAT CHALLA Counsel for the Respondent No.1: GP FOR MUNCIPAL ADMN URBAN DEV Counsel for the Respondent No.2 & 3: SRI M KRISHNA RAO, SC FOR MUNICIPAL CORPORATION FOR KKD, SKL & VZM Counsel for the Respondent N6:4: GP FOR FINANCE & PLANNING The Court made the following ORDER: 1 APHC010082892025 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: 4506/2025 Between: ...PETITIONER N Venkata Krishna Varma AND ...RESPONDENT{S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.VENKAT CHALLA Counsel for the Respondent(S): 1 .GP FOR FINANCE PLANNING 2.GP FOR MUNCIPAL ADMN URBAN DEV The Court made the following: 2 / ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: |i /’ “....to issue an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the payments of pending amounts of Rs.13,35,536/- (Thirteen Lakhs, Thirty Five Thousand, Five Hundred and Thirty Six Rupees only) even after ifnalizing the bills payable to the petitioner in relation to the Three works i.e., “Laying of CC Surface road and Construction of Drain at D.No.18-1-1 to 18-1-6, D.No.18-2-1 to 18-2-7 Pillivari Street Anusuri Vari Street in 31A d Division..., Agreement No. /2022-2023, Dated 05.10.2023,” 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. 13,35,536/- (Thirteen Lakhs, Thirty Five Thousand, Five Hundred and Thirty Six Rupees only) with interest @24% per annum for the delayed amount till date of realization for the works executed by the petitioner... ” Heard learned counsel for the petitioner, learned Government Pleader for Finance and Planning and learned Standing Counsel for Municipal Corporation. 2. 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 Learned Standing Counsel for Municipal Corporation-respondent No.2 has furnished a copy of written instructions dated 27.02.2025 by the Commissioner, Municipal Corporation, Kakinada, wherein it is stated that pending bill amount of Rs.13,35,536/- will be paid to the petitioner after releasing the budget from the Government under Gadapa Gadapaku Mana Prabhutvam Scheme only. 4. As the amount of Rs.13,35,536/- payable to the petitioner has been admitted by respondent No.2 in his instructions dated 27.02.2025, this Court is feels it appropriate to dispose of the writ petition directing the respondents to release amount of Rs.13,35,536/- (Thirteen Lakhs, Thirty Five Thousand, Five Hundred and Thirty Six Rupees only) to the petitioner within a period of three (3) months from the date of receipt of a copy of this order. 5. 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/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, Department of Municipal Administration, State Building, Velagapudi, Amaravathi, 1. The Principal Secretary of Andhra Pradesh, Secretariat Guntur. 2. The Commissioner Kakinada District. 3. The Executive Engineer, Municipai Corporation Kakinada, Kakinada District. Municipal Corporation Kakinada, Kakinada / 4. The Principal Secretary Department of Finance and Planning, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 5. OneCCto SRI. VENKAT CHALLA, Advocate [OPUC] 6. One CC to SRI M KRISHNA RAO, SC FOR MUNICIPAL CORPORATION FOR KKD, SKL & VZM [OPUC] 7. Two CCs to GP FOR MUNCIPAL ADMN URBAN DEV, High Court Of Andhra Pradesh. [OUT] 8. Two CCs to GP FOR FINANCE & PLANNING, High Court Of Andhra Pradesh. [OUT] 9. Three CD Copies PRK mi: HIGH COURT DATED:28/02/2025 ORDER WP.No.4506 of 2025 x 19MAR2D25 H *5.^ . Currenl aecuon ^!s4£eSPATCVV«^ DISPOSING OF THE W.P. WITHOUT COSTS