1 APHC010713892025 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: 36511/2025 Between: 1. M/S.ADITYA CONSTRUCTIONS, REP.BY. MANAGING PARTNER P.GEETHA C/O.PRUDHVI KRISHNA AGE- 31 YEARS, R/O.2-60A- 8/2, BALAJI STREET,VENKATA NAGAR, KAKINADA,KAKINADA DISTRICT, ANDHRA PRADESH. 2. M/S.SAI BHAVANI INFRA BUILD PVT.LTD.,, REP.BY. MANAGING PARTNERPALAKA PRUDHVI KRISHNA S/O.P.ADITYA SEKHAR,AGED35 YEARS, R/O.2-60A-8/2,BALAJI STREET, VENKATA NAGAR,CHAITANYA COLLAGE ROAD, KAKINADA,KAKINADA DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR.522237 2. THE KAKINADA MUNICIPAL CORPORATION, REP.BY ITS COMMISSIONER, KAKINADA KAKINADA DISTRICT.533501 3. THE KAKINADA MUNICIPAL CORPORATION, REP.BY ITS EXECUTIVE ENGINEER KAKINADA DISTRICT.533501 4. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR 2 DISTRICT. 522237 ...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 an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the payments of pending amounts of Rs. 31,87,060/- (Thirty One Lakhs, Eighty Seven Thousand , Sixty Rupees only ) even after finalizing the bills payable to the petitioner in relation to the works i.e Providing CC Road and drains and Rcc Culvert at Vimukthy colony Recharlapeta in 6th Division, Dated 29-01-2024 (Rs. 8,80,555/-), l. Providing CC Road at Vimukthy colony burial ground at Recharlapeta in 6th Division division ,Date.29.01.2024(Rs.8,85,128/-),lll. Providing CC Surface road at Rajaram ratna nagar NFCL Wall of 9th Division,Date.16.09.2022,(Rs.14,21,377/-) For the year 2024 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. 31,87,060/- (Thirty One Lakhs, Eighty Seven Thousand , Sixty Rupees only ) with interest @ 24percenet per annum for the delayed amount till date of realization for the works executed by the petitioner and pass 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 pleased to direct the respondents to releasing the amounts Rs. 31,87,060/- (Thirty One Lakhs, Eighty Seven Thousand , Sixty Rupees only ) payable to him, pending disposal of the write petition and pass Counsel for the Petitioner(S): 1. DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S): 1. M Krishna Rao SC for skl vzm kkd Municipal Corporations 2. GP MUNCIPAL ADMN AND URBAN DEV AP 3. GP FOR FINANCE PLANNING 3 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 36511 of 2025 ORDER: 1. The petitioner is aggrieved by the action of the respondents in withholding the payments of pending amounts of Rs. 31,87,060/- (Thirty One Lakhs, Eighty Seven Thousand Sixty Rupees only) even after finalizing the bills payable to the petitioner in relation to the works i.e., I.Providing CC Road and drains and RCC Culvert at Vimukthy colony Recharlapeta in 6th Division, Dated 29-01-2024 (Rs. 8,80,555/-), Il. Providing CC Road at Vimukthy colony burial ground at Recharlapeta in 6th Division, Dated 29.01.2024 (Rs.8,85,128/-), lll. Providing CC Surface road at Rajaram ratna nagar NFCL Wall of 9th Division, Dated16.09.2022 (Rs.14,21,377/-) for the year 2024. 2. The learned counsel further submits that the petitioner duly executed all the works and thereafter submitted final and the final bills were duly endorsed by the competent authority. A statement detailing the works executed by the petitioner was prepared, progress of the work was recorded in the M-book. However, in spite of the completion of all procedural formalities, the 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 4. During the course of hearing, the learned Standing Counsel appearing for the respondents does not dispute the submissions made by the 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 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 5 135 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 36511 of 2025 Date: 07.01.2025 NKA