1 APHC010715862025 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: 36584/2025 Between: 1. RAO SURESH, R. V. SURYA RAO AGE 55 YEARS, R/O.2-11-13, VENKATA NAGAR ,SREE NAGAR, KAKINADA, EAST GODAVARI DISTRICT, ANDHRA PRADESH ...PETITIONER 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. 3. THE KAKINADA MUNICIPAL CORPORATION, REP.BY ITS EXECUTIVE ENGINEER KAKINADA D-ISTRICT.533501 4. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FINANCE PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 5222-37 ...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 2 Respondents in withholding the payments of pending amounts of Rs. 25,03,297/- (Twenty five Lakhs, Three Thousand , Two Hundred and Ninety Seven Rupees only ) even after finalizing the bills payable to the petitioner in relation to the works i.e l. Construction of CC Roads ,cc drains and R.C.C. Culverts from D.No.62-9-22 to 62-9-30 at indra ngar in 19tjhDivision, Dated 13.12. 2023(Rs. 7,56,324/-), Construction of cc roads cc drains at adam vani street cross roads in 18rn division, Date 13.12.2023,. Providing cc Roads and R.C.C. Culverts at mosa vari street in 18th division Date2.01.2024,(Rs.8,87,474/-), 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. 25,03,297/- (Twenty five Lakhs, Three Thousand , Two Hundred and Ninety Seven Rupees only ) with interest @ 24per 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 releasingthe amounts Rs (Twentyfive Lakhs,Three Thousand , Two Hundred and Ninety Seven Rupees only )2503297 payable to him, pending disposaLof the write petition and pass Counsel for the Petitioner: 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: 36584 of 2025 ORDER: 1. The petitioner is aggrieved by the action of the respondents in withholding the payments of pending amounts of Rs. 25,03,297/- (Twenty five Lakhs Three Thousand Two Hundred and Ninety Seven Rupees only) even after finalizing the bills payable to the petitioner in relation to the works i.e., l. Construction of CC Roads, CC drains and R.C.C. Culverts from D.No.62-9-22 to 62-9-30 at indra nagar in 19th Division, Dated 13.12.2023 (Rs. 7,56,324/-), Construction of CC roads CC drains at adam vani street cross roads in 18th division, Date 13.12.2023,. Providing CC Roads and R.C.C.Culverts at Mosavari street in 18th Division Date2.01.2024, (Rs.8,87,474/-), 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 5 141 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 36584 of 2025 Date: 07.01.2025 NKA