Andhra Pradesh High Court - Amravati
Chintalapati Viswa Venkata Surya ... vs The State Of Ap on 19 December, 2025
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APHC010648682025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3457]
(Special Original Jurisdiction)
FRIDAY,THE NINETEENTH DAY OF DECEMBER
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE HARINATH.N
WRIT PETITION NO: 33557/2025
Between:
1. CHINTALAPATI 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. THE STATE OF AP, REP BY ITS PRINCIPAL SECREATARY,
MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT
DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI,
GUNTUR DISTRICT.
2. THE STATE OF AP, REP BY ITS PRINCIPAL SECREATARY,
FINANCE AND PLANING DEPARTMENT, SECRETARIAT,
VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT
3. THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT,
BHIMAVARAM, W.G.DISTRICT.
4. THE BHIMAVARAM MUNICIPALITY, REP BY ITS COMMISSIONER,
BHIMAVARAM MUNICIPAL OFFICE, BHIMAVARAM,W.G.DISTRICT.
5. THE MUNICIPAL ENGINEER, BHIMAVARAM MUNICIPALITY,
BHIMAVARAM,W.G.DISTRICT.
6. THE MUNICIPAL ENGINEER, BHIMAVARAM MUNICIPALITY,
BHIMAVARAM,W.G.DISTRICT.
...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, Order or Direction, more particularly one in
the nature of a WRIT OF MANDAMUS or any other appropriate
writ/order/direction declaring the action/inaction of the respondents in not
releasing the pending due payments totaling 82,65,185.36/- (Rupees Eighty-
Two Lakhs Sixty-Five Thousand One Hundred Eighty-Five and Raise Thirty-
Six only) even after finalizing the bills and posting them in CFMS, payable to
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the petitioner in relation to the works viz.. i) Providing GSB Road
Formation in R.S.No.331 from Chainage 0.00 Km to 0.355 Km for Jagananna
Vidhyadeevena programme in 1st Ward - Main No.212/2023-24/ElAgreement
f21,94,506.82/- ii) Providing GSB Road Formation from Chainage 0.355
Km to venue in 1 si Ward - Main Agreement No.215/2023- 24/E1 dt.21-12-
2023 - f27,28,246.64/- iii) Improvement of Existing CC Road and CC Drain
in 15th Ward (Guduri Anjaneyulu Street) - Main Agreement NO.09/2023-
24/E1 dt.23-04-2024 - f20,95,652.29/- iv) Providing CC Drain from
Adarsh Nagar Cross Road to JP Road Ramalayam (West side) in 35th Ward
- Main Agreement No. 120/2024-25/El dt.09-12-2024 - 12,46,779.61/-, as
illegal, arbitrary and violative of Articles 14, 21 and 300-A of the Constitution
of India Consequently direct the respondents to release the entire pending
amount of 82,65,185.36/- together with interest @ 12percentage per annum
from the respective dates of posting of the bills in CFMS till the date of actual
payment, within SIX WEEKS from the date of receipt of a copy of this order
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
pleased to direct the respondents to release the admitted pending amount of
f82,65,185.36/- together with accrued interest pending disposal of the above
writ petition and to pass
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
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THE HONOURABLE SRI JUSTICE HARINATH.N
WRIT PETITION NO: 33557 of 2025
ORDER:
1. The petitioner is aggrieved by the action of the respondents in not releasing the pending due payments totaling 82,65,185.36/- (Rupees Eighty-Two Lakhs Sixty-Five Thousand One Hundred Eighty-Five and Raise Thirty-Six only) even after finalizing the bills and posting them in CFMS, payable to the petitioner in relation to the works viz. i) Providing GSB Road Formation in R.S.No.331 from Chainage 0.00 Km to 0.355 Km for Jagananna Vidhyadeevena programme in 1st Ward - Main No.212/2023-24/ElAgreement f21,94,506.82/- ii) Providing GSB Road Formation from Chainage 0.355 Km to venue in 1st Ward - Main Agreement No.215/2023- 24/E1 dt.21-12-2023 - f27,28,246.64/- iii) Improvement of Existing CC Road and CC Drain in 15th Ward (Guduri Anjaneyulu Street) - Main Agreement NO.09/2023-24/E1 dt.23-04-2024 - f20,95,652.29/- iv) Providing CC Drain from Adarsh Nagar Cross Road to JP Road Ramalayam (West side) in 35th Ward - Main Agreement No. 120/2024-25/El dt.09-12-2024 - 12,46,779.61/-.
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 4 procedural formalities, the payment towards the completed works has not been released till date.
3. It is further submitted that the bills submitted by the petitioner have been duly uploaded in the Comprehensive Financial Management System (CFMS), as per the records.
4. 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.
5. 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.
6. Considering the submissions, concerned respondents are hereby directed to verify and release the payments due payable to the petitioner as expeditiously as possible preferably within a period of ten weeks from the date of receipt of a copy of this order.
7. Accordingly, the writ petition is disposed of. No costs. Pending miscellaneous petitions, if any, shall stand closed.
___________________ JUSTICE HARINATH.N Date:19.12.2025 NKA 5 189 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 33557 of 2025 Date: 19.12.2025 NKA