APHC010067302026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 4105/2026 Between: 1. BOTTA RAMU, S/O.BOTTA ATCHANNA, AGED ABOUT 37 YEARS, OCC CONTRACTOR, R/O.H.NO. 13-08-108, GOLLA VEEDHI, BHEEMUNIPATNAM, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT, PINCODE 531163. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, 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 COMMISSIONER AND DIRECTORATE OF MUNICIPAL ADMINISTRATION, APCRDA PROJECT OFFICE 4TH FLOOR, RAYAPUDI POST, TULLURU MANDAL, AMARAVATI, GUNTUR DISTRICT, PINCODE 522237. 4. THE GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT, PINCODE 530003. 2 5. THE EXECUTIVE ENGINEERI, GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT, PINCODE 530003. 6. THE CHIEF EXECUTIVE OFFICER, APCFSS, 3RD FLOOR, NIDHI BHAVAN, BEHIND APIIC BUILDING, MANGALAGIRI, GUNTUR DISTRICT, PINCODE 522503. ...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 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. 14,12,636/- vide M Book No. 54/2022-23/ EE-I (PW) and CPMS Number 2023-2190955, even after finalizing the bills, payable to the petitioner in relation to the works i.e.. Providing CC roads and CC drains in Redha Yallayyamma House, Chilla Applareddy house back side and various locations in Chillapeta and Galli road area under Bogguroad-2 (1089004) secretariate jurisdiction in ward no.02 ZONE-I Bheemili Constituency of GVMC (GGMP), vide Agreement No. 39/2023- 24/EE-I/DB/ dated 15.09.2023is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay or payment of amount of Rs. 14,12,636/- vide M Book No. 54/2022-23/ EE-I (PW) and CFMS Number 2023-2190955 with interest @24percentage per annum for the delayed amount to the petitioner in respect of 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 pa3mient of amount of Rs. 14,12,636/- vide M Book No. 54/2022-23/ EE-I (PW) and CFMS Number 2023-2190955 with interest @24percentage per annum for the delayed amount to the petitioner in respect of execution of works i.e. Providing CC roads and CC drains in Redha Yallayyamma House, Chilla Applareddy house back side and various locations in Chillapeta and Galli road area under Bogguroad-2 (1089004) secretariate jurisdiction in ward no.02 ZONE-I Bheemili Constituency of GVMC (GGMP), vide Agreement No. 39/2023- 24/EE-I/DB/ dated 15.09.2023, forthwith, pending disposal of the Writ Petition and pass 3 Counsel for the Petitioner: 1. MODAPOTHULA SUMALATHA Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP 2. GP FOR FINANCE PLANNING The Court made the following: 4 Order:- Today, when the matter is taken up for hearing, the learned Standing Counsel appearing for the respondents requested further time for filing counter-affidavits. This matter pertains to the non-payment of bills to the contractor who has completed the work. 2. This writ petition is filed alleging non-release of the bills for the work completed by the petitioner. 3. The petitioner was entrusted with the work of providing CC roads and CC drains in Redha Yallayyamma House, Chilla Appala Reddy House backside and various locations in Chillapeta and Galli Road area under Bogguroad-2 (1089004) Secretariat jurisdiction in Ward No.02, Zone-I, Bheemili Constituency of GVMC (GGMP), vide Agreement No.39/2023-24/EE- I/DB, dated 15.09.2023. The petitioner has completed the work and the respondent authorities have also endorsed in the M-book the factum of completion of the work and the payments due and payable to the petitioner. 4. Sri A.S.C. Bose, learned Standing Counsel appearing for respondent Nos.4 and 5, submits that the payment could not be released on account of lack of funds, though the work entrusted to the petitioner was admittedly executed to the satisfaction of the respondents. The learned Standing Counsel appearing for the respondents submits that written instructions have been received and a draft counter has been placed before the Court. Though 5 the counter-affidavit is not yet filed, the draft counter would indicate that the payments could not be released on account of non-availability of funds. 5. Considering the submissions of the learned counsel for the petitioner and the learned Standing Counsel for the respondent Nos.4 and 5, this writ petition is disposed of directing the respondents to verify and release the payments due and 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. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ____________________ JUSTICE HARINATH.N 16.06.2026 PNS