APHC010110762024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 6211/2024 Between: 1. KOMMI CHANDRASEKHAR, S/O VENKATASUBBAIAH, AGED ABOUT 52 YEARS, R/O BLOCKNO.FTF-OL, 3RD FLOOR, GKRS DIVYA, ENSHRINE APPARTEMENTS, VIDYA NAGAR, HUBIL, DHARWAD, KARNATAKA. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT FINANCE DEPARTMENT, A.P SECRETARIAT BUILDINGS VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH-522 238 2. THE PROJECT DIRECTOR, ANDHRA PRADESH URBAN WATER SUPPLY SEPTAGE MANAGEMENT IMPROVEMENT PROJECT (APUWSSMIP), D.NO.54-15-5, DHOOM COMPLEX 0PP. VENUE CONVENTION CENTRE SRINIVASA NAGAR, BANK COLONY VIJAYAWADA, ANDHRA PRADESH-522 008 3. THE DIRECTOR OF WORKS AND ACCOUNTS, 2ND FLOOR. NEW GOVERNMENT OFFICES BUILDING M.G ROAD (BANDHAR ROAD), OPP INDIRA GANDHI MUNICIPAL COMPLEX VIJAYAWADA, NTR DISTRICT, ANDHRA PRADESH- 520 010 4. THE ENGINEERIN CHIEF, PUBLIC HEALTH DEPARTMENT FLAT NOS.504 AND 601, GARUDA APARTMENTS TADEPALLI, GUNTUR DISTRICT, ANDHRA PRADESH-522 501 2 5. THE SUPERINTENDING ENGINEER, PUBLIC HEALTH CIRCLE, NELLORE NELLORE DISTRICT, ANDHRA PRADESH 6. THE EXECUTIVE ENGINEER, PUBLIC HEALTH CIRCLE, GUNTUR NELLORE DISTRICT, ANDHRA PRADESH ...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 tomay be pleased to issue a Writ, Order or direction more particularly one in the nature of pleased to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declare the action of the respondents in withholding the bill net payment of Rs 3,62,74,690/- payable to the petitioner in relation to under contract vide S.E(P.H) Agreement -15/2018- 19, dated 14-02-2019 of work namely Providing water supply Distribution System including House Service Connections, AMR Water Meters and SCADA with O and M for a period of 7 years for Naidupeta, Nagar Panchayat and Nellore Municipal Corporation in SPSR Nellore District, the same was recorded by the concerned authorities in the Measurement Books, after thorough inspection an verification as the same is arbitrary, illegal, unconstitutional and in clear violation of G.O.Ms No. 120, Finance Department, dated 13-06-2022 and violative of well settled principles of natural justice, and consequently direct the respondents to pay an amount of Rs 3,62,74,690/- due under contract vide S.E(P.H) Agreement-08/2018-19, dated 23-02-2019 in respect of execution of afore mentioned works forthwith and to pass such IA NO: 1 OF 2024 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 take steps to pay the amount of Rs Rs 3,62,74,690/- due to the petitioner under contract vide S.E(P.H) Agreement-15/2018-19, dated 14-02-2019 pending disposal of this Writ Petition and to pass such Counsel for the Petitioner: 1. RAMINENI SUDHEER Counsel for the Respondent(S): 3 1. GP FOR FINANCE PLANNING The Court made the following: 4 Order:- Learned counsel for the petitioner submits that the petitioner has executed the work entrusted by the respondents vide Agreement No. 15/2018- 19 dated 14.02.2019, and has submitted the final bills. It is further submitted that the competent authority has recorded the progress of the work and certified the same in the M-Book. The quality control certificate certifying the quality of the work was also issued, and an amount of Rs.3,62,74,690/- was certified towards quality control. However, the payments have not been released. 2. Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Municipal Administration and Urban Development, and the learned Assistant Government Pleader for Finance & Planning. 3. The learned Assistant Government Pleader appearing for the respondents submits that the work has been completed; however, the payment cannot be released for want of funds. 4. Be that as it may, considering the submissions that the work has been completed in all respects, and the quality control certification has also been issued, the respondents are hereby directed to verify and release the payments due and payable to the petitioner as expeditiously as possible, preferably within a period of ten (10) weeks from the date of receipt of a copy of this order. 5. Accordingly, the Writ Petition is disposed off. No costs. 5 6. Pending miscellaneous petitions, if any, shall stand closed. ____________________ JUSTICE HARINATH.N 09.09.2025 PNS