APHC010103152025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE SIXTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 5611/2025 Between: 1. M/S.BHAVANI CONSTRUCTIONS, REP. BY.ITS MANAGING PARTNER, NAGAM KONDALA RAO S/O.N.CHINNA VEERRAJU, AGE 55 YEARS, R/O. 21-01-5/3, PYDA VARI STREET SALI PETA,KAKINADA, EAST GODAVARI DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, 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. ...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 2 more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the 1st and part payments of pending amounts of Rs. 1,38,90,794/- (One Thousand, Seven Hundred and Ninety Four Rupees only even after finalizing the bills payable to the petitioner in relation to the works i.e I. Construction of strom water drain from akshara school west side road to pavurlathum and seven Crore Thirty Eight Lakhs, Ninety hills road to vai petroal bunk to 100 feet road of Kakinada municipal corporation Agreement NO.07/SE/2023- 2024,Dated 24.07.2023 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. 1,38,90,794/- (One Crore Thirty Eight Lakhs, Ninety Thousand, Seven Hundred and Ninety Four 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 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 may be pleased to direct the respondents to releasing the amounts payable to him, pending disposal of the write petition and pass Counsel for the Petitioner: 1. DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S): 1. M Krishna Rao SC for skl vzm kkd Municipal Corporations 2. GP FOR MUNCIPAL ADMN URBAN DEV 3. GP FOR FINANCE PLANNING 3 The Court made the following Order: Learned counsel for the petitioner submits that the petitioner has completed the construction work of Strom water drain as per Agreement No.07/SE/2023-2024, dated 24.07.2023 entrusted by the 2nd respondent and submitted final bills. However, amounts have not been paid. 2. Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Municipal Administration and Urban Development, for the 1st respondent, the learned Standing Counsel for respondents 2 and 3 and the learned Assistant Government Pleader for Finance and Planning, for the 4th respondent. 3. Considering the submissions of the learned counsel for the petitioner that the work was completed in the year 2024, the respondents 2 to 4 are hereby directed to verify and release the payments due payable to the petitioner as expeditiously as possible preferably within a period of eight (8) weeks from the date of receipt of a copy of this order. 4. Accordingly, the Writ Petition is disposed of. No costs. 5. Pending miscellaneous petitions, if any, shall stand closed. ______________________ JUSTICE HARINATH.N Date : 16.07.2025 BMS