1 APHC010147832026 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: 8264/2026 Between: 1. M BHASKAR, S/O. VENKAIAH, AGED ABOUT 54 YEARS, O/O. D.NO. 5/100, PATHA KUCHIPUDIPALLI MAIN ROAD, KANIGIRI, PRAKASAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT- 522237 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO THE GOVERNMENT, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT-522237 3. THE KANIGIRI MUNICIPALITY, REP BY ITS COMMISSIONER, KANIGIRI, KANIGIRI DISTRICT-523230 4. THE ASSISTANT ENGINEER, KANIGIRI MUNICIPALITY.KANIGIRI, KANIGIRI DISTRICT-523230 5. THE JR ASSISTANT ENGINEER, KANIGIRI MUNICIPALITY, KANIGIRI, KANIGIRI DISTRICT-52323 ...RESPONDENT(S): 2 Counsel for the Petitioner: 1. VENKAT SAILENDRA G Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV 2. GP FOR FINANCE PLANNING The Court made the following: ORAL ORDER: Heard Ms. S. Akhila, learned Counsel appearing on behalf of Sri Venkat Sailendra G, learned Counsel for the Writ Petitioner, Sri M. Srinu Babu, learned Assistant Government Pleader for Municipal Administration & Urban Development, Ms. D. Naga Chandrika, learned Assistant Government Pleader for Finance & Planning and Sri G. Lakshminarayana, learned Standing Counsel for Kanigiri Municipality (Respondent No.3). 2. The present Writ Petition is filed seeking money claim for the works executed by the Writ Petitioner with regard to the execution of an Agreement dated 04.10.2023. 3. Sri G. Lakshminarayana, learned Standing Counsel for Kanigiri Municipality, has submitted the Written Instructions furnished by the Commissioner, Kanigiri Municipality dated 30.03.2026. Copy of it is supplied to the learned Counsel for the Writ Petitioner and the same is taken on record. 4. The Written Instruction would indicate that the Respondents have admitted the amount. However, it is stated that in Kanigiri Municipality, payments are being made from the Adverse Seasonal Condition Grant to the Contractors for the purpose of transportation of water. It is also stated that as of now, the Adverse Seasonal Condition Grant or Drought Funds are not available and therefore, due to insufficient general fund, the Respondent Corporation is unable to pay. Non-availability of funds is no ground to withhold the payments due to the Contractors. (Please see (1) Surya 3 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) 5. Having regard to the above facts and the settled legal position, this Court deems it appropriate to allow this Writ Petition, with a direction to the Respondent Authorities, including Respondent Nos.2 & 3, to complete the entire administrative process, both inter-departmental and intra-departmental, by way of mutual cooperation and coordination, within a period of four (4) weeks from today and transfer the due amount to the bank account of the Writ Petitioner within two (2) weeks thereafter. 6. Writ Petitioner is directed to submit the bank account details to the Competent Authority within two (2) weeks from today for effective compliance. 7. With these observations and directions, this Writ Petition stands allowed. No order as to costs. 8. Interlocutory Applications, if any, stand closed in terms of this order. ______________________________________ GANNAMANENIRAMAKRISHNA PRASAD, J Dt:31.03.2026 Vns