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2026 DAILYLAW 13992 (AP)

D MAHADEV KUMAR SHOWRI v. The State of Andhra Pradesh

WP/28584/2026 · 2026-10-12

Harinath N

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 APHC010523972026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY, THE 13th DAY OF OCTOBER 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 28584/2026 Between: 1. D MAHADEV KUMAR SHOWRI, D. MAHADEV KUMAR SHOWN, S/O. D.SREEKANTHAMURTHY LATE, AGED ABOUT 55 YEARS, OCC CONTRACTOR, R/O , H. NO. 1-120, B.C. COLONY, JAMBULABANDA, GUDIBANDA MANDAL, ANANTHAPUR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, (SCHOOL EDUCATION DEPARTMENT), SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, ANDHRA PRADESH-522238. 2. THE STATE OF ANDHRA PRADESH, .REP. BY ITS PRINCIPAL SECRETARY, (FINANCE DEPARTMENT), SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, ANDHRA PRADESH- 522238. 3. THE COMMISSIONER OF SCHOOL EDUCATION, SCHOOL EDUCATION DEPARTMENT, VIDYA BHAVAN, VENKATADRI TOWERS, MANGALAGIRI, ANDHRA PRADESH-522503. 4. THE STATE PROJECT ENGINEER, SAMAGRA SHIKSHA, K.B.0 ZPHS (BOYS) PREMISES, HIGH SCHOOL ROAD, PATAMATA, VIJAYAWADA, ANDHRA PRADESH520010. 5. THE DISTRICT COLLECTOR, SRI SATHYA SAL DISTRICT, AT PUTTAPARTHI-515134. 6. THE EXECUTIVE ENGINEER, A.P. SS (SAMAGRA SHIKSHA), .PUTTAPARTHI, SRI SATHYA SAI DISTRICT-515134. ...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 toissue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in withholding the amount payable to the petitioner towards the completed 2 works under the Maintenance and Repairs to Z.P. High. Schools in Gudibanda Mandal under the Maintenance of Buildings Grant for the year 2017-18, covered by 1) Agreement No.06/2017-18, dated 05.01.2018, relating to Maintenance and Repairs to Z.P. High School at Peddachoragiri Village 2) Agreement No.07/2017-18, dated 05.01.2018, relating to Maintenance and Repairs to Z.P. High School at Jambulabanda Village 3) Agreement dated 05.01.2018, relating to Maintenance and Repairs to Z.P. High School at K.K. Palem Village 4) Agreement No.09/2017-18, dated 05.01.2018, relating to Maintenance and Repairs to Z.P. High School at Mandala Palli Village and 5) Agreement dated 09.01.2018, relating to Maintenance and Repairs to Z.P. High School at M. Maddanakunta Village, all situated in Gudibanda Mandal, erstwhile Anantapur District, as illegal, arbitrary, unreasonable and violative of the rights of the petitioner, and consequently. direct the respondents to release an amount of Rs. 18,42,332/- (Rupees Eighteen Lakhs Thirty-Nine Thousand Eight Hundred and Thirty- Five only) due and payable to the petitioner forthwith, together with interest at the rate of 12percent per annum from the date on which the said amount became due and payable till the date of actual payment, 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 direct the respondents to release forthwith the withhold amount of Rs. 18,42,332/- (Rupees Eighteen Lakhs Thirty-Nine *Thousand Eight Hundred and Thirty-Five only) due and payable to the petitioner towards the completed works under the Maintenance and Repairs to Z.P. High Schools in Gudibanda Mandal under the Maintenance of Buildings Grant for the year 2017-18, covered by Agreement No.06/2017-18, dated 05.01.2018, Agreement No.07/2017-18, dated 05.01.2018, Agreement dated 05.01.2018, Agreement No.09/2017-18, dated 05.01.2018, and Agreement dated 09.01.2018, relating respectively to the Z.P. High Schools at Peddachoragiri Village, Jambulabanda Village, K.K. Palem Village, Mandala Palli Village and M. Maddanakunta Village, all situated in Gudibanda Mandal, erstwhile Anantapur District, pending disposal of the above Writ Petition Counsel for the Petitioner: 1. BANDI SRIHARI Counsel for the Respondent(S): 1. GP FOR SCHOOL EDUCATION 2. GP FOR FINANCE PLANNING 3 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 28584 of 2026 ORDER: 1. The petitioner is aggrieved by the action of the respondents in withholding the amount payable to the petitioner towards the completed works under the Maintenance and Repairs to Z.P. High Schools in Gudibanda Mandal under the Maintenance of Buildings Grant for the year 2017-18, covered by 1) Agreement No.06/2017-18, dated 05.01.2018, relating to Maintenance and Repairs to Z.P. High School at Peddachoragiri Village 2) Agreement No.07/2017-18, dated 05.01.2018, relating to Maintenance and Repairs to Z.P. High School at Jambulabanda Village 3) Agreement dated 05.01.2018, relating to Maintenance and Repairs to Z.P. High School at K.K.Palem Village 4) Agreement No.09/2017-18, dated 05.01.2018, relating to Maintenance and Repairs to Z.P. High School at Mandala Palli Village and 5) Agreement dated 09.01.2018, relating to Maintenance and Repairs to Z.P.High School at M. Maddanakunta Village, all situated in Gudibanda Mandal, erstwhile Anantapur District, as illegal, arbitrary, unreasonable and violative of the rights of the petitioner, and consequently direct the respondents to release an amount of Rs. 18,42,332/- (Rupees Eighteen Lakhs Thirty-Nine Thousand Eight Hundred and Thirty-Five only) due and payable to the petitioner. 2. The learned counsel further submits that the petitioner duly executed all the works and thereafter submitted final bills to the competent authority. A statement detailing the works executed by the petitioner was prepared, 4 progress of the work was recorded in the M-book. However, in spite of the completion of all procedural formalities, the payment towards the completed works has not been released till date. 3. Heard the submissions of the learned counsel for the petitioner, the learned Assistant Government Pleader for School Education and learned Assistant Government Pleader for Finance Planning. 4. During the course of hearing, the learned Assistant Government Pleader appearing for the respondents, on written instructions submits that 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. 5. Considering the submissions, the 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 six weeks from the date of receipt of a copy of this order. 6. Accordingly, the writ petition is disposed of. No costs. Pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date:13.10.2026 NKA Whether the order is : Speaking Yes/No / Reasoned Yes/No Reportable Yes/No / Non-Reportable Yes/No 5 27 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 28584 of 2026 Date: 13.10.2026 NKA