APHC010120502026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] TUESDAY,THE THIRTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 6617/2026 Between: 1. V BHAGYA LAKSHMI, W/O.SATYANARAYANA, AGED ABOUT 47 YEARS, OCC CONTRACTOR, R/O.CHEPALA BHEEMUNIPATNAM, KAPULAPPADA, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT, PINCODE 531163. ...PETITIONER AND 1. THE STATE OF AP, , REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, PINCODE 522238. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, PINCODE 522238. 3. THE GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT, PINCODE 530003. 4. THE EXECUTIVE ENGINEER1, WATER SUPPLY, GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT, PINCODE 530003. 5. THE DEPUTY EXECUTIVE ENGINEER, WATER SUPPLY, GREATER 2 VISAKHAPATNAM MUNICIPAL CORPORATION, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT, PINCODE 53000 ...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 topleased to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents not releasing the amount of Rs.4,77,328/- vide M Book No. 34/2022-23, even after finalizing the bills, payable to the petitioner in relation to the works i.e.. Providing new water lines, repairs, bores at Dibbadapalem K.Nagarampalem 1 (10390242) Secretariat jurisdiction in No.04, Zone-I in Bheemili Constituency of GVMC (GGMP), vide Agreement No. 19/2023-24/ EE-1 (WSM)/ DB/ Dt. 21.06.2023 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amount of Rs.4,77,328/- vide M Book No. 34/2022-23 with interest @24 percent for the delayed amount to the petitioner in respect of per annum execution of above-mentioned work forthwith and pass IA NO: 1 OF 2026 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 please to direct the respondents to pay for payment of amount of Rs.4,77,328/- vide M Book No. 34/2022-23 with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works i.e. Providing new water lines, repairs, bores at Dibbadapalem K.Nagarampalem 1 (10390242) No.04, Zone-I in BheemiliSecretariat jurisdiction in Constituency of GVMC (GGMP), vide Agreement No. 19/2023- 24/ EE-1 (WSM)/ DB/ Dt. 21.06.2023, forthwith, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. MODAPOTHULA SUMALATHA Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV 2. GP FOR FINANCE PLANNING 3 The Court made the following: Heard Ms. Naseem Sultana, learned Counsel appearing on behalf of Ms. M. Sumalatha, learned Counsel for the Writ Petitioner and Sri S. Vijay Kumar, learned Counsel appearing on behalf of Sri A.S.C. Bose, learned Standing Counsel for Municipal Corporation. 2. Sri S. Vijay Kumar, Ld. Counsel for the Respondents has submitted the Written Instructions dated 31.03.2026 furnished by the Executive Engineer-I, GVMC. Copy of it is supplied to the Ld. Counsel for the Writ Petitioner and the same is taken on record. 3. The Written Instruction would indicate that the net amount due to be paid to the Writ Petitioner of Rs.4,24,184/- is admitted by the Respondent Corporation. 4. Para-2 of the Written Instructions would indicate that the payment has been withheld due to non-availability of budget under the scheme of ‘Gadapa Gadapa Ki Mana Prabhutvam (GGMP)’. 5. It is a settled principle of law that the employer, after having availed the contractual services of a contractor and after making him/her spend money, cannot raise the plea of ‘paucity of funds’ or ‘financial crunch’. (Please see (1) Surya Constructions vs. State of Uttar Pradesh and Others : (2019) 16 SCC 794 - Para Nos.2, 3 & 4, (2) Mr. S.C. Meena, EE (Project Narela) vs. Amit Tanwar : 2018 SCC OnLine Del 8035 - Para No.48, (3) Kashmir Wood Products vs Verinag Development Authority and Others : 2021 SCC OnLine J&K 814 - Para No.8, (4) Kattam Reddy Venkateswarlu Reddy Vs. State of Andhra Pradesh, Rep. by its Principal Secretary, Municipalities and Urban Development Department and three others : Order dated 23.01.2026 in W.P.No.34418 of 2025 of High Court of Andhra Pradesh). 6. Having considered the above facts, this Court deems it appropriate to allow this Writ Petition with a direction to the Respondent 4 Authorities, including the Respondent Nos. 2 to 4, to pay the admitted amount to the Writ Petitioner by completing the entire administrative process, both inter-departmental and intra-departmental, by way of mutual cooperation and coordination between all the concerned departments, within three (03) weeks from today and transfer the said amount to the bank account of the respective Writ Petitioner within a period of two (02) weeks thereafter. 7. The Writ Petitioner is directed to submit the bank account details to the Competent Authority within two (02) weeks from today, for effective compliance. 8. With these observations and directions, this Writ Petition is allowed. No order as to costs. 9. Interlocutory Applications, if any, stand closed in terms of this order. ______________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Date: 31.03.2026 MNR 5 165 HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 6617 OF 2026 Dt: 31.03.2026 Mnr