1 HN, J W.P.No.4764_2024 Date of reserved for orders : Date of pronouncement : Date of uploading : APHC010082362024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY, THE 24th DAY OF JUNE 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 4764/2024 Between: 1. M/S IDEAL SURVEY,, REPRESENTED BY PROPRIETOR VENKATESHWARA RAO KOTHAPALLI S/O NARAYANAMURTHY, R/O HOUSE NO 74/23/1, VENKATAPPIAH STREET ASHOK NAGAR, VIJAYAWADA 520007. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI AMARAVATHI, GUNTUR DISTRICT. 2. THE MUNICIPAL CORPORATION, ELURU, ELURU DISTRICT. REP. BY ITS COMMISSIONER. 3. THE MUNICIPAL CORPORATION, ELURU, ELURU DISTRICT. REP. BY ITS EXECUTIVE ENGINEER 4. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2 HN, J W.P.No.4764_2024 ...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 a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents in withholding the remaining payment of bill amount Rs.44,00,000/- (80percent) to the petitioner in relation to the works i.e., Preparation of DPR for Comprehensive Strom Water Drainage System to Eluru Town is questioned, as the same is illegal, arbitrary and consequently direct the respondents to consider for reaming payment of amounts Rs.44,00,000/- with interest @24percent per annum for the delayed amount to the petitioner in respect of execution of above- mentioned work forthwith and 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 consider for payment an amount of Rs.44,00,000/- payable to the petitioner in relation to the works i.e., Preparation of DPR for Comprehensive Strom Water Drainage System to Eluru Town pending disposal of the Writ Petition 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 May be pleased to receive the counter copies on record by allowing the leave petition in the above writ petition and pass Counsel for the Petitioner: 1. SUBRAMANYAM DARABOINA Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING 2. GP FOR MUNCIPAL ADMN URBAN DEV 3. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) 3 HN, J W.P.No.4764_2024 ORDER: 1. The petitioner is claiming the bills due payable for the work executed by the petitioner. An agreement dated 09.10.2009 was entered into between the petitioner and respondent No.4. The petitioner completed the work and requested the 1st respondent to release the payments. It is submitted that the petitioner expended a substantial amount towards engaging men and machinery for completing the work. The respondents have withheld an amount of Rs.44,00,000/-, which accounts for 80% of the bill amount, while releasing 20% of the bill amount. 2. Respondent No.2, in the counter affidavit, has admitted that the respondents have withheld the remaining 80% of the amount payable to the petitioner. However, it is stated that the clearance from the Government has not been accorded for releasing the payment to the petitioner. It is also admitted that the 2nd respondent has paid an amount of Rs.11,01,000/- from the municipal funds and that, for release of the balance amount, clearance and budget allocation from the Government are awaited. 3. It is pertinent to note that the correspondence addressed by the respondent authorities to the 1st respondent, requesting release of the payments, has also been filed along with writ petition. When the amount due payable to the petitioner is undisputed, the respondents cannot withhold the same. 4 HN, J W.P.No.4764_2024 4. Recording the aforesaid submissions, the writ petition stands disposed off, directing the respondents to verify and release the amounts due payable to the petitioner within a period of eight weeks from the date of receipt of this order. No costs. Pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date:24.06.2026 NKA 5 HN, J W.P.No.4764_2024 155 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 4764 of 2024 Date: 24.06.2026 NKA