1 APHC010374272024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 19045/2024 Between: 1. KADI VANA VENKATESWARA RAP, S/O VANA PANDU RANGA RAO, AGED ABOUT 55 YEARS, CONTRACTOR, EDEPALLI MACHILIPATNAM, KRISHNA DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY,MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI CAPITAL CITY, GUNTUR DISTRICT. 2. THE DIRECTOR OF MUNICIPAL ADMINISTRATION, GOVERNMENT OF ANDRHA PRADESH, MANGALAGIRI, GUNTUR DISTRICT. 3. MACHILIPATNAM MUNICIPAL CORPORATION, REP., BY ITS COMMISSIONER, MACHILIPATNAM. 4. THE EXECUTIVE ENGINEER, MACHILIPATNAM MUNICIPAL CORPORATION, MACHILIPATNAM. 5. ANDHRA PRADESH STATE HOUSING CORPORATION, LTD, REP., BY ITS MANAGING DIRECTOR, VIJAYAWADA. 6. THE DISTRICT HEAD, HOUSING ANDHRA PRADESH STATE HOUSING CORPORATION LIMITED, KRISHNA DISTRICT. 7. THE PRINCIPAI SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI 2 CAPITAL CITY, GUNTUR DISTIRCT ...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 appropriate Writ, Order dr Direction more particularly in the nature of Writ of Mandamus declaring the action of the Respondents in not effecting the payment of Rs.39,90,569/- to the petitioner in pursuance of agreement No.153/APSHCL Grant/2023-24 dated 17-2-2024 between Petitioner and 3rd Respondent for filling with local sand at Layout in RS.No.420/1(ID128119LA002246) Bandarkota East, Machilipatnam, even after completion and after recommendation for payment vide No.256/2022- 2023 dated 22-04-2024, as arbitrary, illegal, in violation of Article 14,21 and 300A of the Constitution of India, and consequently direct the Respondents to pay an amount of Rs.39,90,569/- to the petitoiner in pursuance of agreement N0.153/APSHCL Grant/2023-24 dated 17-2-2024 between Petitioner and 3rd Respondent for filling with local sand at Layout in RS.No.420/1 (ID128119LA002246) Bandarkota East, Mahcilipatnam as per recommendation for payment vide M Book Certification No.256/2022-2023 dated 22-04-2024 forthwith and to pass 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 pleased to direct the Respondents to pay an amount of Rs.39,90,569/- to the petitoiner in pursuance of agreement N0.153/APSHCL Grant/2023-24 dated 17-2-2024 between Petitioner and 3rd Respondent for filling with local sand at Layout in RS.No.420/1 (ID128119LA002246) Mahcilipatnam as per recommendation for payment vide M Book Certification No.256/2022-2023 dated 22-04-2024 forthwith Bandarkota East pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. SUBBA RAO KORRAPATI Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP 2. GP FOR FINANCE PLANNING 3 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 19045 of 2024 ORDER: 1. The petitioner is aggrieved by the action of the respondents in not effecting payment of Rs.39,90,569/- to the petitioner in pursuance of Agreement No.153/APSHCL Grant/2023-24, dated 17-2-2024, entered into between the petitioner and the 3rd respondent, for filling with local sand at the Layout in RS.No.420/1(ID128119LA002246) Bandarkota East, Machilipatnam, even after completion and recommendation for payment vide No.256/2022-2023, dated 22-04-2024. 2. The learned counsel further submits that the bills were also approved by the 6th respondent, who corresponded with the 5th respondent for release of an amount of Rs.1,43,99,135/- in favor of the 3rd respondent, out of the said amount the petitioner is entitled to receive Rs.39,90,569/-. A statement detailing the works executed by the petitioner was prepared and the progress of the work was recorded in the M-book. However, in spite of the completion of all procedural formalities, payment towards the completed works has not been released till date. 3. Heard the submissions of the learned counsel for the petitioner, the learned Government Pleader for Municipal Administration & Urban Development, the learned Standing Counsel for the Corporation and the learned Assistant Government Pleader for Finance and Planning. 4. During the course of hearing, the learned Standing Counsel appearing for the respondents does not dispute the submissions made by the 4 petitioner with respect to the completion of the work undertaken and that the non-payment of bills is due to paucity of funds. 5. Considering the submissions, the respondents are hereby directed to verify and release the payments due payable to the petitioner as expeditiously as possible preferably within a period of six (06) weeks from the date of receipt of a copy of this order. 6. Accordingly, the writ petition is disposed of. No costs. Pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date:07.01.2026 NKA 5 94 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 19045 of 2024 Date: 07.01.2025 NKA