APHC010091832025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 5755 OF 2025 Between: KCV Constructions, Rep. By. Managing Partner, P. Kranthi Chakravarthy S/o.P.Govindu, Age 34 years, 16-22-79, Pallam Raju Nagar, Kakinada, East Godavari District. i. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Urban Development Department, Municipal Administration and Secretariat Building, Velagapudi, Amaravathi, Guntur. 2. The Commissioner and Director of Municipal Administration, Prime Hill Crest, 4*^ Floor, Near DGP Office, Mangalagiri. 3. Municipal Corporation Kakinada, rep.by its Commissioner, Kakinada Kakinada District. 4. Municipal Corporation Kakinada, Rep.by its Executive Engineer Kakinada District. 5. 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 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. 55,33,371/- (Fifty Five Lakhs, Thirty Three Thousand, Three Hundred and Seventy One Rupees only) even after finalizing the bills payable to the petitioner in relation to the works i.e “I. Providing C.C.Roads ,C.C. Drains and R.Ci^ Culverts at Satyavedha Colony, Medhara Colony ,Bismilah Nagar, Mahalakshmi Nagar in 20“^ Division, Agreement No.97/2020-2021, Dated 20.06.2020”, For the year 2022 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.55,33,371/- (Fifty Five Lakhs, Thirty Three Thousand, Three Hundred and Seventy One 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 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 amount payable to the petitioner, pending disposal of the Write Petition. Counsel for the Petitioner: SRI DEVASRI ROSHAN.K Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMN & URBAN DEV Counsel for the Respondent Nos.2 to 4: SRI M.KRISHNA RAO, SC FOR SKL VZM KKD MUNICIPAL CORPORATIONS Counsel for the Respondent No.5: GP FOR FINANCE & PLANNING The Court made the following order: APHC010091832025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY,THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 5755/2025 Between: 1.KCV CONSTRUCTIONS, REP. BY. MANAGING PARTNER P. KRANTHI CHAKRAVARTHY S/O.P.GOVINDU, AGE 34 YEARS ,16-22-79,PALLAM RAJU NAGAR, KAKINADA, EAST GODAVARI DISTRICT L ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR. AND 2.THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, PRIME HILL CREST.4TH FLOOR, NEAR DGP OFFICE,MANGALAGIRI. 3.MUNICIPAL CORPORATION KAKINADA, REP.BY ITS COMMISSIONER, KAKINADA KAKINADA DISTRICT. 4.MUNICIPAL CORPORATION KAKINADA, REP.BY ITS EXECUTIVE ENGINEER KAKINADA DISTRICT. 2 5.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FINANCE AND PLANNING, VELAGAPUDl, AMARAVATHI, GUNTUR DISTRICT. SECRETARIAT BUILDINGS, ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased tomaybe 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. 55,33,371/- (Fifty Five Lakhs, Thirty Three Thousand, Three Hundred and Seventy One Rupees only) even after finalizing the bills payable to the petitioner in relation to the works i.e /. Providing C.C.Roads ,C.C. Drains and R.C.C. Culverts at satyavedha colony ,Medhara colony ,Bismilah ,Mahalakshmi nagar in 20th division. Agreement No.97/2020- 2021,Dated 20.06.2020, For the year 2022 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.55,33,371/- (Fifty Five Lakhs, Thirty Three Thousand, Three Hundred and Seventy One Rupees only) with interest @ 24 percent 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 Honble Court may deem fit and proper in the facts and circumstances of the case. nagar lA NO: 1 OF 2025 praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to direct the respondents to releasing the amount? payable to him, pending disposal of the write petition and pass such Petition under Section 151 CPC Counsel for the Petitioner: 3 1.DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S): 1.M Krishna Rao SC for ski vzm kkd Municipal Corporations 2.GP FOR MUNCIPAL ADMN URBAN DEV 3.GP FOR FINANCE PLANNING The Court made the following; i. THE HON'BLE SRI JUSTICE NYAPATHY VI3AY W.P.No.5755 Of 2025 ORDER: This writ petition is filed declaring the action of the withholding the pending amount of Respondents in Rs.55,33,371/- payable to the Petitioner even after finalizing the bills in relation to the works done vide Agreement No.97/2020- 2021 dated 20.06.2024 as arbitrary and illegal. Pursuant to the tender, the Petitioner was allotted works for 2. L providing C.C.Roads, C.C. Drains and R.C.C. Culverts at Bismilah Nagar, Division, Agreement No.97/2020- Satyavedha Colony, Medhara Colony Mahalakshmi Nagar in 20 2021, dated 20.06.2020. The Petitioner submits that the works th 1: executed within the time specified and was recorded in the were / Measurement Book. Learned counsel for Respondent No.2-Corporation filed counter affidavit stating that as per the agreement, the works were completed within the time. Municipal authorities are processing the bills basing on availability 3. It is also stated that the of the funds. >* 2 4. As there is no dispute to the execution of works and the admitted amount payable to the Petitioner, the Writ Petition disposed of, at the stage of admission, with the sides with the following direction: IS consent of both (i) The Respondent authorities admitted amount due to the Petitioner within four (4) months from today. are directed to pay the a period of (ii) There shall be no order as to costs. •As a sequel, the miscellaneous petitions if any shall stand dismissed. Sd/- V pi-W^AR DEPUTY RKaJSTRAR //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary, Municipal Administration & Urban Development Department, State of Andhra Pradesh Secretariat Building, Velagapudi, Amaravathi, Guntur District. 2. The Commissioner & Director Of Municipal Administration, Prime Hill Crest, 4*^ Floor, Near DGP Office, Mangalagiri. 3. The Commissioner, Municipal Corporation Kakinada Kakinada District. 4. The Executive Engineer, Municipal Corporation Kakinada, Kakinada District. 5. The Principal Secretary Department of Finance & Planning, State of Andhra Pradesh Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. [1 TO 5 BY RPAD] 6. One CC to Sri Devasri Roshan.K, Advocate [OPUC] 7. One CC to Sri M.Krishna Rao, SC for SKL VZM KKD Municipal Corporations.[OPUC] 8. Two CCs to GP for Municipal Admn & Urban Dev, High Court of Andhra Pradesh [OUT] 9. Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh [OUT] Kakinada 10. Two CD Copies. gi HIGH COURT DATED:25/06/2025 ORDER WP No. 5755 OF 2025 DISPOSING OF THE WRIT PETITION AT THE STAGE OF ADMISSION WITHOUT COSTS