ORDER :

This petition is filed under Article 226 of the Constitution of India for the following relief:-

“ to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents in withholding the payment of amount of Rs.33,00,505/- even after finalizing the bills payable to the petitioner in relation to the work i.e., Providing internal roads in Plot No.1420 to 1783 and 2555 to 3702 at vedurupavuluru1 for VMC housing colony Layout in vedurupavuluru village of Gannavaram mandal (Reach 1) (APSHCL Grant) vide agreement No 7/2022-23, dt 20.09.2022 is questioned as the same is illegal, arbitrary and consequently direct the respondents to consider for payment of Rs.33,00,505/- with interest 12 percent per annum for the delayed amount to the petitioner in respect of execution of abovementioned work forthwith and pass such other order or orders……”

2. Heard Mr. Polanki Anand Surya, learned counsel appearing for the petitioner and learned Government Pleader for Admn. Urban Dev., Mr. M. Manohar Reddy, learned Standing Counsel, learned Government Pleader for Finance & Planning and Mr. E.V. Jagannadha Rao, learned Standing Counsel for A.P. State Housing Corporation Ltd., appearing for the respondents.

3. The case of the petitioner is that the 5th respondent herein has awarded the works to the petitioner by entering into the agreement on 20.09.2022 and the petitioner has executed and completed work, which were entrusted to him i.e., “Providing internal roads in Plot No.1420 to 1783 and 2555 to 3702 at Vedurupavuluru-1 for VMC Housing colony Layout in Vedurupavuluru village of Gannavaram Mandal (Reach 1 ) (APSHCL Grant)” vide agreement No.7/2022-23, dated 20.09.2022. the 6th respondent has taken over the records and the bills were submitted on 18.11.2022 by the petitioner and issued a statement for work done by the petitioner as per agreement. But the respondents did not release the admitted bill amount of Rs.33,00,505/-. Though the bills were prepared the same was not paid till today in spite of repeated requests made by the petitioner. Hence the present writ petition.

4. Learned counsel for the petitioner submits that the matter is squarely covered by the order passed by this Court in W.P.No.4185 of 2023, dated 31.03.2023, and hence, requests this Court to pass similar order in this petition also. The operative portion of the said common order is as follows:

“Therefore, as the claim of the petitioner has been categorically admitted by the respondents, this writ petition is disposed of with a direction to respondent Nos.2 and 3 to allot the necessary budget to pay the due amount to the petitioner within eight (8) weeks from the date of this order. Thereafter, the 4th respondent is directed to upload the bills in CFMS portal within two (2) weeks from the date of release of the budget. After uploading the bills in CFMS portal by 4th respondent, respondent Nos.2 and 3 are directed to process the aid bills and make the payment to the petitioner within four (4) weeks from the date of uploading the bills in CFMS portal. No costs.”

5. Learned Standing Counsel has furnished instructions received by the Munciipal Administration Department vide Rc.EE3-115380/2022 dated 06.07.2023, wherein it is stated that the contractor executed the work up to 80% and raised bill and accordingly the necessary measurements were recorded in the M Book No.381/2022-23 and the 1st Part Bill for an amount of Rs.30,00,505.56 ps was submitted to the Project Director (Housing), NTR District, Vijayawada for processing for payment. Being the Executive Agency, the Vijayawada municipal Corporation has done its part by forwarding the bill to the Project Director (Housing) NTR District, Vijayawada to the extent of work done and the A.P. State Housing Corporation Limited has to release the payment to the petitioner. Further, he reported no objection to allow the present writ petition on the same lines.

6. In view of the submission made by both the