APHC010648642025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3457]

(Special Original Jurisdiction)

WEDNESDAY,THE THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 33589/2025 Between:

1. C HINTALAPATI VISWA VENKATA SURYA SUBBARAJU, S/O GANDHI RAJU, AGED 66 YEARS, OCC- CONTRACTOR, R/O 2-12-1, SIVARAO PETA, NEAR CURRENT OFFICE, BHIMAVARAM, W.G.DISTRICT. ...PETITIONER AND

1. T HE STATE OF AP, REP BY ITS PRINCIPAL SECREALARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.

2. T HE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANING DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.

3. T HE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT, BHIMAVARAM, W.G.DISTRICT.

4. T HE PAY AND ACCOUNTS OFFICER, WORK ACCOUNTS, WEST 5. T HE BHIMAVARAM MUNICIPALITY, REP BY ITS COMMISSIONER, 6. T HE MUNICIPAL ENGINEER, BHIMAVARAM MUNICIPALITY, ...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, Order, or Direction more particularly one in the nature of WRIT OF MANDAMUS or any other appropriate writ or direction declaring the action of the respondents in not releasing the pending due payments of amount Rs. 1,03,86541.63/- even after finalizing the bills, payable to the petitioner in relation to the works viz. 1) Providing CC Road from Aditya College to D.No.26-10-9(A) Main Agreement No.215/2022/El dt.15-11-2022 28,06,021.96/-. 2) Repairs and Maintenance of Anna Canteen Building - Main Agreement No.86/2024-25/E1 dt.04-09-2024 5,54,785.81/-. 3) Providing CC Road, CC Drain and RCC Slab Culvert from New Ramalayam to Vinayaka Temple- Main Agreement NO.245/2022-23/E1 dt.27-01-2023 - 35,83,195.32/- . 4) Providing CC Road and CC Drain in Komarada Road - Main Agreement No.216/2022-23/El dt.12-12-2022 - 34.42.538.54/-. for Bhimavaram Municipality, under General Funds, as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently to direct the respondent authorities to release the pending amounts of Rs. 1,03,86541.63 (One crore three lakh eighty-six thousand five hundred forty-one and sixty-three paise.)

with interest for the pending bills forthwith, and to 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 to direct the respondents to release the payment pending due to the petitioner Rs. 1,03,86541.63/- with interest pending disposal of the above writ petition and to pas Counsel for the Petitioner:

1. JAMI MADHAVI Counsel for the Respondent(S):

1. GP MUNCIPAL ADMN AND URBAN DEV AP

2. GP FOR FINANCE PLANNING The Court made the following:

Order:

Learned counsel for the petitioner submits that the petitioner was awarded the 4 works i.e., 1) Providing CC Road from Aditya College to D.No. 26-10-9(A) in 31^st Ward, vide Agreement No.215/2022/E1 dated 15-11-2022, 2) Repairs and Maintenance of Anna Canteen Building at Adda Vanthena Area, JP Road, 35^th Ward, vide Agreement No.86/2024-25/E1 dated 04-09-2024, 3) Providing CC Road, CC Drain and RCC Slab Culvert from New Ramalayam to Vinayaka Temple in 31^st Ward, vide Agreement No.245/2022-23/E1 dated 27-01-2023 and 4) Providing CC Road and CC Drain in Komarada Road from Vinayaka Temple to 2^nd Cross Road in 31^st Ward, vide Agreement No.216/2022-23/E1 dated 12-12-2022 entrusted by the respondents and submitted final bills. A Statement detailing the works executed by the petitioner was prepared, and the progress of the works was recorded in the M-Book. The Quality Control report was also filed by the petitioner. It is submitted that, in all, an amount of Rs.1,03,86,541.63/- is due and payable by the respondents to the petitioner. However, in spite of the completion of all procedural formal