APHC010088802025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY ,THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 5371/2025 Between: M R R Constructions ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. SHAIK MOHAMMED ISMAIL Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV 2. GP FOR FINANCE PLANNING The Court made the following: 2 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.5371 OF 2025 ORDER: The present Writ Petition is filed seeking for the following relief: “to declare the action of the Respondents in not paying the admitted gross amounts of Rs.71,59,497/- due to the petitioner as per the proceedings vide proceedings No.671/GGMP/DySO1/2022, dated 18.12.2023 of the District Collector, Kurnool and as per the agreements held for the works between the petitioner and the Kurnool Municipal Corporation, Kurnool i.e., respondent No.6 as illegal, arbitrary, improper, unjust and against the Articles 14, 19 and 21 of constitution of India and consequently direct the respondents to make the payment of an amount of Rs.71,59,497/- forthwith along with interest at 24% per annum to the petitioner for the works done by the petitioner”. 2. The case of the Petitioner is that the petitioner is a special class contractor and registered under Partnership Act vide Firm No.17 of 2012. The contract works listed below were granted to the petitioner by the respondents vide proceedings No.671/GGMP/DySO1/2022, dated 18.12.2023 under “Gadapa Gadapaku Mana Prabhutvam Programme”: 3 i. Widening of CC Road from Opp.D.No.51-1044-A-A1 to D.No.51- 1044-A at SBI Colony in Ward No.44 and the estimated contract Value is 5 Lakhs and the same was entrusted to the petitioner under the agreement No.224/23-24, dated 27.01.2024 and also the contractual site work was handed over to the petitioner; ii. Widening of CC Road from LIC Colony Park Main Road to D.No.51-1017-B-M at Sitaram Nagar in Ward No.44 and the estimated contract Value is 5 Lakhs and the same was entrusted to the petitioner under the agreement No.225/23-24, dated 27.01.2024 and also the contractual site work was handed over to the petitioner; iii. Widening of CC Road from D.No.51-1026-1 to LIC Colony Park at LIC Colony in ward No.44 and the estimated contract Value is 5 Lakhs and the same was entrusted to the petitioner under the agreement No.226/23-24, dated 27.01.2024 and also the contractual site work was handed over to the petitioner; iv. Widening of CC Road from D.No.51-1206-L to Opp.D.No.51-5- 2721 at LIC Colony Sitaram Nagar in ward No.44 and the estimated contract Value is 5 Lakhs and the same was entrusted to the petitioner under the agreement No.227/23-24, dated 27.01.2024 and also the contractual site work was handed over to the petitioner; v. Widening of CC Road from Opp.D.No.51-1206-D4 to Opp.D.No.51-963-4-A at LIC Colony Sitaram Nagar in Ward No.44 and the estimated contract Value is 5 Lakhs and the same was entrusted to the petitioner under the agreement No.1228/23-24, 4 dated 27.01.2024 and also the contractual site work was handed over to the petitioner; vi. Widening of CC Road from Opp.D.No.51-1206-1 to Opp.D.No.51-1026-D3 along the head water works compound wall at Sitaram Nagar in ward No.44 and the estimated contract Value is 5 Lakhs and the same was entrusted to the petitioner under the agreement No.229/23-24, dated 27.01.2024 and also the contractual site work was handed over to the petitioner; vii. Widening of CC Road from D.No.44-814 to Opp.D.No.51-5- 2727 at Municipal Employees Colony in Ward No.44 and the estimated contract Value is 5 Lakhs and the same was entrusted to the petitioner under the agreement No.230/23-24, dated 27.01.2024 and also the contractual site work was handed over to the petitioner; viii. Widening of CC Road from Electrical Transformer to Opp.D.No.51-986 at LIC Colony in Ward No.44 and the estimated contract Value is 5 Lakhs and the same was entrusted to the petitioner under the agreement No.231/23-24, dated 27.01.2024 and also the contractual site work was handed over to the petitioner; ix. Construction of 450mm CC Drain and laying of CC Road at Pavan Enclave at Veenus Colony in ward No.44 and the estimated contract Value is 5 Lakhs and the same was entrusted to the petitioner under the agreement No.232/23-24, dated 27.01.2024 and also the contractual site work was handed over to the petitioner; and 5 x. Laying of CC Road infront of Aziz Residency near Veenus Colony Park in ward No.44 and the estimated contract Value is 5 Lakhs and the same was entrusted to the petitioner under the agreement No.233/23-24, dated 27.01.2024 and also the contractual site work was handed over to the petitioner. xi. Widening of CC Road along with Dividers in Seetharan Nagar in ward No.44 and the estimated contract Value is 5 Lakhs and the same was entrusted to the petitioner under the agreement No.234/23-24, dated 27.01.2024 and also the contractual site work was handed over to the petitioner. xii. Widening of CC Road Beside Pump House Compound Wall in Seetharam Nagar in ward No.44 and the estimated contract Value is 5 Lakhs and the same was entrusted to the petitioner under the agreement No.235/23-24, dated 27.01.2024 and also the contractual site work was handed over to the petitioner. xiii. Widening of CC road Opposite to DSP Office in Seetharam Nagar in ward No.44 and the estimated contract Value is 5 Lakhs and the same was entrusted to the petitioner under the agreement No.236/23-24, dated 27.01.2024 and also the contractual site work was handed over to the petitioner. xiv. Widening of CC road from H.No.45-142-47-2B1 to H.No.45-24- J Near Sai My Homes Apartments in Ramalingeswara Nagar in ward No.44 and the estimated contract Value is 5 Lakhs and the same was entrusted to the petitioner under the agreement No.237/23-24, dated 27.01.2024 and also the contractual site work was handed over to the petitioner. 6 xv. Widening of CC road at Ramalingeswara Nagar Park-1 in Ramalingeswara Nagar in Ward No.44 and the estimated contract Value is 5 Lakhs and the same was entrusted to the petitioner under the agreement No.238/23-24, dated 27.01.2024 and also the contractual site work was handed over to the petitioner. xvi. Widening of CC road at H.No.45-142-31-C1-2 and H.No.45- 142-31-C1-A to H.No.45-24-4629 to H.No.45-142-47-4A at Ramalingeswara Nagar in Ward No.44 and the estimated contract value is 5 lakhs and the same was entrusted to the petitioner under the agreement No.239/23-24, dated 27.01.2024 and also the contractual site work was handed over to the petitioner. 3. The contention of the Petitioner is that the works were completed and its details were recorded in Measurement Book. According to the petitioner, an amount of Rs.71,59,497/- is due. As the payment of the said amount has not been made by the respondents, the Petitioner has approached this Court by way of the present Writ Petition. 4. The learned Standing Counsel for respondent No.6 Corporation submitted the written instructions issued by the Superintending Engineer, Kurnool Municipal Corporation. As per the written instructions, after completion of the works, bills were passed for an amount of Rs.71,59,497/- after making statutory 7 deductions. It was further submitted that since all the amounts sanctioned under the “Gadapa Gadapaku Mana Prabhuthwam” programme were expended, no funds were available for immediate payments to the petitioner. The District Collector is said to have addressed a letter to the Director, G.V.W.V and V.S.W.D. Department, Vijayawada to release necessary funds. It was also mentioned that the amounts will be released to the petitioner as and when they are available in the Head of Account. 5. In view of the admission of the amount due, the respondent authorities are directed to release the amounts in favour of the petitioner within a period of three (03) months from today. 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: 05-03-2025 sj 8 63 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WP No. 5371 of 2025 Dt.05-03-2025 sj