APHC010091802025 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: 4957/2025 Between: KCV Constructions ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. VENKAT CHALLA 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.4957 of 2025 ORDER: 1. The present Writ Petition is filed questioning the action of the Respondents in withholding the payments due to the Petitioner to a tune of Rs.10,71,138/- evening after finalizing the bills payable to the Petitioner in relation to the work i.e. i) Providing CC Drain from D.No.58-18-17 to Mos Vari Street and RCC Culverts at 58-18-20/4 and Opposite to Nookalamma Temple in Orukonda Vari Street in 18th Division vide Agreement No.259/EE2/2022-2023, Dated 27.10.2022 and ii) Providing CC Drains, Culverts at Garikina Vari Street & Dummulapeta in 10th Division vide Agreement No.332/EE1/2022-23, dated 23.03.2023, as illegal and arbitrary. 2. Heard M/s. Venkat Challa, learned counsel for the Petitioner and Sri M. Krishna Rao, learned Standing Counsel appearing for the Respondent-Corporation. 3. The Petitioner submits that he had completed the works mentioned above and final bills were also sent to the Respondent No.2- Corporation for grant of amount to the Petitioner. As the amounts were not being paid the present Writ Petition is filed. 4. The learned Standing Counsel for the Respondent-Corporation passed on the signed instructions of the Commissioner, Municipal Corporation, Kakinada to the Court, wherein the execution of works and the amounts claimed by the Petitioner was not disputed. It was mentioned in the written instructions that the Respondent-Corporation had communicated a letter to the Government requesting to release Rs.5.51 Crores of budget for Kakinada Municipal Corporation for 3 clearing the pending bills to the Contractors and the bill amount of Rs.18,25,634/- for the works done by the Writ Petitioner is to be uploaded and sent to the Pay & Accounts Officer, Kakinada for further bill process after releasing Rs.5.51 Crores by the Government and whenever the funds received the due amount will be paid to the Writ Petitioner and that there is no deliberate act on the part of the Respondent authorities in delaying the payment. 5. 5. As there is no dispute regarding execution of works and the amount due to the Petitioner, the Writ Petition is disposed of, at the stage of admission, with the consent of both sides counsel and placing the written instructions on record, 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. 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.4957 of 2025 Date: 02.04.2025 IS