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2026 DAILYLAW 1036 (AP)

SHAIK NAZEER HUSSAIN v. THE STATE OF AP

WP/6802/2026 · 2026-04-21

Gannamaneni Ramakrishna Prasad

body2026

Judgment text

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APHC010122822026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] WEDNESDAY,THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 6802/2026 Between: 1. SHAIK NAZEER HUSSAIN, S/O. SHAIK HUSSAIN SAHEB , AGED 46 YEARS, OCC.CONTRACTOR R/O. H.NO.3-11-16/2, RAHIMAN STREET, ALLAGADDA TOWN AND MANDAL, NANDYAL DISTRICT- 518 543 ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNHIR DISTRICT 522 237 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT 522 237. 3. THE DISTRICT COLLECTOR, NANDYAL, NANDYAL DISTRICT 518501 4. THE ALLAGADDA MUNICIPALITY, REP. BY ITS COMMISSIONER, ALLAGADDA NANDYAL DISTRICT 518543 5. THE EXECUTIVE ENGINEER, PUBLIC HEALTH ENGINEER OFFICE, PUBLIC HEALTH AND MUNICIPAL ENGINEERING DEPARTMENT, NANDYAL, NANDYAL DISTRICT 518 501 2 ...RESPONDENT(S): Counsel for the Petitioner: 1. D SESHASAYANA REDDY Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP MUNCIPAL ADMN AND URBAN DEV AP 3. GP FOR FINANCE PLANNING The Court made the following: ORAL ORDER: Heard Sri Y. Subba Rao, learned Counsel representing Sri D. Seshasayana Reddy, learned Counsel for the Writ Petitioner and Sri G. Lakshmi Narayana, learned Standing Counsel for Municipalities. 2. Sri G. Lakshmi Narayana, learned Standing Counsel for Municipalities, has submitted the Written Instructions furnished by the Commissioner of Allagadda Municipality along with certain documents. Copies of it are supplied to the Counsel for the Writ Petitioner and the same are taken on record. 3. Para 3 of the Written Instructions would indicate that the amounts have been admitted but have not been paid due to insufficient funds. 4. It is a settled law that the paucity of funds is no ground to withhold the payments due to the Contractors.(Please see (1) Surya Constructions vs. State of Uttar Pradesh and Others : (2019) 16 SCC 794 - Para Nos.2, 3 & 4, (2) Mr. S.C. Meena, EE (Project Narela) vs. Amit Tanwar : 2018 SCC OnLine Del 8035 - Para No.48, (3) Kashmir Wood Products vs Verinag Development Authority and Others : 2021 SCC OnLine J&K 814 - Para No.8, (4) Kattam Reddy Venkateswarlu Reddy Vs. State of Andhra Pradesh, Rep. by its Principal Secretary, Municipalities and Urban Development Department and three others : Order dated 23.01.2026 in W.P.No.34418 of 2025 of High Court of Andhra Pradesh) 3 5. In the light of the above facts, this Court deems it appropriate to allow this Writ Petition with a direction to all the Respondents, including Respondent Nos.2 to 4, to complete the entire Administrative process, both inter- departmental and intra-departmental, by way of mutual co-operation and coordination, within a period of six (06) weeks from today and transfer amount to the bank account of the Writ Petitioner within two (02) weeks thereafter. 6. The Writ Petitioner is directed to submit the bank account details to the Competent Authority within two (02) weeks from today for effective compliance. 7. With these observations and directions, the Writ Petition is allowed. No order as to costs. 8. Interlocutory Applications, if any, stand closed in terms of this order. _________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt: 22.04.2026 DSV 4 210 HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 6802/2026 22.04.2026 DSV 5 HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI MAIN CASE No : WRIT PETITION NO: 6802/2026 PROCEEDING SHEET Sl. No DATE ORDER Office Note 2. 22.04.2026 GRKP, J Writ Petition is allowed. (vide separate order) ___________ GRKP, J DSV 6