APHC010094192025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 5094/2025 Between: 1. KAMI REDDY RAJA REDDY, S/O. SUBRAMANYAM REDDY, AGE 50 YEARS, R/O. 3-859/3, KANDRIGA VILLAGE , NAIDUPETA MANDAL , NELLORE DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION AND URBUN DEVOLOPMENT (MA AND UD), SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR. 2. THE NAIDUPETA MUNICIPALITY, REP.BY. COMMISSIONER, SPSR NELLORE DISTRICT. 3. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. ...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 toleased 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. 11,84,569/- ( Eleven Lakhs, Eighty Four Thousand Five Hundred and Sixty Nine only), even after finalizing the bills payable to the petitioner in relation to the works i.e. Naidupeta Municipality-Formation and gravelling the internal roads at old degree collage compound (church compound) at puttalapattu 2 HN, J W.P.No.5094_2025 road under municipal general funds, Agreement no. 72/2023-24 Dated 5.10.2023 an amount of (RS.94,469/-) Naidupeta Municipality-formation and gravelling the road from pardhasardi house kalasthri bypass road under municipai general fund , Agreement no. 71/2023-24,Dated. 5.10.2023,An amount of (Rs.3,77,326/-) . III. Naidupeta Municipaiity-Construction of CC road from armugam nagar main road to vinnamala channel at . armugam nagar under municipal general fund Agreement no. 94/2023-24 Dated 8.06.2024 An amount of ( Rs.3,60,068/-) ,IV. Raising side drain in front of NJRSC from room no.15 to 28 under municipal general fund ,Agreement no,113/2024- 25,dated13.06.2024,(an amount of Rs.1,87,241/- ),V.Construction of CC Culverts near geetha house and CC Drain near G.Santhi house at bharathi nagar in ward no.19 under municipal general funds Agreement no.99/2024 Dated. 8/6/2024(An amount of Rs.1,76,841/-) and pass IA 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 pleased to direct the respondents to forthwith consider releasing the amounts payable to the petitioner herein, pending disposal of the writ petition and pass s IA NO: 2 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 maybe 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 action of the Respondents in withholding the payments for work Payments of Rs. 11,84,569/- ( Eleven Lakhs, Eight Four Thousand Five Hundred and Sixty Nine only) for the year 2023-2024, even after finalizing the bills, payable to the petitioner is Executed Five works i.e., " I. Naidupeta Municipality- Formation and gravelling the internal roads at old degree collage compound (church compound) at puttalapattu road under municipal general funds, Agreement no. 72/2023-24 Dated:5.10.2023 an amount of (RS.94,469/-) .11. Naidupeta Municipality-formation and graveiling the road from pardhasardi house kalasthri bypass road under municipal general fund , Agreement no. 71/2023-24,Dated:5.10.2023,An amount of (Rs.3,77,326/-) . III. Naidupeta Municipality-Construction of CC road from armugam nagar main road to 3 HN, J W.P.No.5094_2025 vinnamaia channel at armugam nagar under municipal general fund Agreement no. 94/2023-24 Dated:8.06.2024 An amount of ( Rs.3,60,068/-) ,IV. Raising side drain in front of NJRSC from room no.15 to 28 under municipal general fund ,Agreement no,113/2024- 25,dated:13.06.2024,(an amount of Rs.1,87,241/-),V.Construction of CC Culverts near geetha house and CC Drain near G.Santhi house at bharathi nagar in ward no.19 under municipal general funds.. Agreement no.99/2024 Dated:8/6/2024(An amount of Rs.1,76,841/-) 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. 11,84,569/- ( Eleven Lakhs, Eighty Four Thousand Five Hundred and Sixty Nine only) forthwith without any delay and Amend it as - action of the Respondents in withholding the payments for work Payments of Rs. 14,49,117/- (Rupees Fourteen Lakhs Forty Nine Thousand One Hundred and Seventeen only) I. Naidupeta Municipality-Formation and gravelling the internal roads at old degree collage compound (church compound) at puttalapattu road under municipal general funds, Agreement no. 72/2023-24 Dated:5.10.2023 an amount of (RS.1,18,040/-) .11. Naldupeta Municipality-formation and gravelling the road from pardhasardi house Kalasthri bypass road under municipal general fund. Agreement no. 71/2023- 24,Dated:5.10.2023,An amount of (Rs.4,74,895/-) . III. Naidupeta Municipality- Construction of CC road from armugam nagar main road to vinnamala channel at armugam nagar under municipal general fund Agreement no. 94/2023-24 Dated:8.06.2024 An amount of ( Rs.4,29,439/-) ,IV. Raising side drain in front of NJRSC from room no.15 to 28 under municipal general fund,Agreement no,113/2024-25,dated:13.06.2024,(an amount of Rs.2,22,042/- ),V.Construction of CC Culverts near geetha house and CC Drain near G.Santhi house at bharathi nagar in ward no.19 under municipal general funds.. Agreement no.99/2024 Dated:8/6/2024(An amount of Rs.2,04,697/-) 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.14,49,117/- (Rupees Fourteen Lakhs Forty Nine Thousand One Hundred and Seventeen only) forthwith without any more delay pending disposal of the above Writ Petition and pass Counsel for the Petitioner: 1. SINGAMSETTY V.M. SANKAR 4 HN, J W.P.No.5094_2025 Counsel for the Respondent(S): 1. Gudapati Lakshminarayana SC For Municipalities in Rayalaseema Region 2. GP MUNCIPAL ADMN AND URBAN DEV AP 3. GP FOR FINANCE PLANNING 5 HN, J W.P.No.5094_2025 This Court made the following Order:- Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Finance and the learned Standing Counsel for the respondent-corporation. 2. Learned counsel for the petitioner submits that the petitioner has completed the works under Agreement No.72/2023-24, dated 05.10.2023, entrusted by the respondent-Corporation, and has submitted the final bills. 3. Considering the submissions, there shall be a direction to the respondents to verify and release the payments as expeditiously as possible preferably within a period of six (06) weeks from the date of receipt of a copy of this order. 4. Accordingly, this Writ Petition is disposed off. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ____________________ JUSTICE HARINATH.N 24.07.2025 NKA 6 HN, J W.P.No.5094_2025 279 HONOURABLE SRI JUSTICE HARINATH.N Writ Petition No. 5094 of 2025 Date: 24.07.2025 NKA