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High Court of Andhra Pradesh · body

2026 DAILYLAW 27780 (AP)

Kathi Srinivasrao v. The State of Andhra Pradesh

WP/36682/2025 · 2026-01-05

Harinath N

body2026

Judgment text

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APHC010708262025 IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY,THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 36682/2025 Between: 1. KATHI SRINIVASRAO,, S/O. LATE VENKATA SUBAIAH, AGED ABOUT 65 YEARS, R/O. 8 KOTHAPETA, ONGOLE, PRAKASAM DISTRICT 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. THE COMMISSIONER AND DIRECTOR, MUNICIPAL ADMINISTRATION DEPARTMENT, PRIME HILL CREST, NEAR DGP OFFICE, BEHIND ULTRA TECH READYMIX PLANT, VADDESWARAM, MANGALAGIRI, GUNTUR DISTRICT. 4. THE DISTRICT COLLECTOR AND MAGISTRATE, PRAKASAM DISTRICT, ONGOLE. 5. THE ONGOLE MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, ONGOLE, PRAKASAM DISTRICT. 6. THE EXECUTIVE ENGINEER, ONGOLE MUNICIPAL CORPORATION, ONGOLE, PRAKASAM DISTRICT. 7. THE PAY AND ACCOUNTS OFFICER, WORKS AND ACCOUNTS, ONGOLE, PRAKASAM DISTRICT. 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 tomay be pleased to issue a Writ or Order or direction, more particularly one in the nature of WRIT OF MANDAMUS, declaring the action of the respondents in non of Rs. 20,01,857/- Rupees Twenty Lakhs One Fifty-Seven Only (Gross Amount) for the works executed by the petitioner as illegal, arbitrary, unreasonable and against the Articles 14 and 21 of the Constitution of India, 1949 and consequently direct the respondents to pa the bill amount of Rs. 20,01,857/ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 36682/2025 KATHI SRINIVASRAO,, S/O. LATE VENKATA SUBAIAH, AGED ABOUT 65 YEARS, R/O. 8-4-1, SRI SHIRDI SAI APARTMENT, KOTHAPETA, ONGOLE, PRAKASAM DISTRICT-5 ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR THE COMMISSIONER AND DIRECTOR, MUNICIPAL ADMINISTRATION DEPARTMENT, PRIME HILL CREST, NEAR DGP OFFICE, BEHIND ULTRA TECH READYMIX PLANT, VADDESWARAM, MANGALAGIRI, GUNTUR DISTRICT. THE DISTRICT COLLECTOR AND MAGISTRATE, PRAKASAM DISTRICT, ONGOLE. THE ONGOLE MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, ONGOLE, PRAKASAM DISTRICT. THE EXECUTIVE ENGINEER, ONGOLE MUNICIPAL CORPORATION, ONGOLE, PRAKASAM DISTRICT. THE PAY AND ACCOUNTS OFFICER, WORKS AND ACCOUNTS, GOLE, PRAKASAM 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 be pleased to issue a Writ or Order or direction, more particularly one in the nature of WRIT OF MANDAMUS, declaring the action of the respondents in non-payment of bills payable to the petitioner to a tune Rupees Twenty Lakhs One Thousand Eight Hundred and Seven Only (Gross Amount) for the works executed by the petitioner as illegal, arbitrary, unreasonable and against the Articles 14 and 21 of the Constitution of India, 1949 and consequently direct the respondents to pa the bill amount of Rs. 20,01,857/- Rupees Twenty Lakhs One Thousand Eight IN THE HIGH COURT OF ANDHRA PRADESH [3457] THE HONOURABLE SRI JUSTICE HARINATH.N KATHI SRINIVASRAO,, S/O. LATE VENKATA SUBAIAH, AGED 1, SRI SHIRDI SAI APARTMENT, ...PETITIONER THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL ADMINISTRATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR THE COMMISSIONER AND DIRECTOR, MUNICIPAL ADMINISTRATION DEPARTMENT, PRIME HILL CREST, NEAR DGP OFFICE, BEHIND ULTRA TECH READYMIX PLANT, VADDESWARAM, MANGALAGIRI, GUNTUR DISTRICT. THE DISTRICT COLLECTOR AND MAGISTRATE, PRAKASAM THE ONGOLE MUNICIPAL CORPORATION, REP. BY ITS THE EXECUTIVE ENGINEER, ONGOLE MUNICIPAL CORPORATION, THE PAY AND ACCOUNTS OFFICER, WORKS AND ACCOUNTS, ...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 be pleased to issue a Writ or Order or direction, more particularly one in the nature of WRIT OF MANDAMUS, declaring the action payment of bills payable to the petitioner to a tune Thousand Eight Hundred and Seven Only (Gross Amount) for the works executed by the petitioner as illegal, arbitrary, unreasonable and against the Articles 14 and 21 of the Constitution of India, 1949 and consequently direct the respondents to pay Rupees Twenty Lakhs One Thousand Eight 2 Hundred and Fifty-Seven Only (Gross Amount), for the work executed by the petitioner and pass such 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 may be pleased to direct the respondents to consider the representation of the petitioner, dated 22/11/2025, and to release the withholding bill amount payable to the petitioner to a tune of Rs. 20,01,857/- [Rupees Twenty Lakhs One Thousand Eight Hundred and Fifty-Seven Only] (Gross Amount), and pass such Counsel for the Petitioner: 1. BANDLA PAVAN Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV 2. GP FOR FINANCE PLANNING The Court made the following: 3 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 36682/2025 ORDER: The learned counsel for the petitioner submits that the petitioner was awarded the work of renovation of MEPMA building for Mahila Mart in Division No.24, vide an Agreement No.343/2023-24, dated 28.08.2023. 2. The learned counsel further submits that the petitioner duly executed all the said work and thereafter submitted the final bills for an amount of Rs.20,01,857/-. It is submitted that the final bills were duly endorsed by the competent authority. However, in spite of the completion of all procedural formalities, the payments towards the completed work have not been released till date. 3. Heard the submissions of the learned counsel for the petitioner, the learned Government Pleader for Municipal Administration and Urban Development, the learned Standing Counsel for the Ongole Municipal Corporation and the learned Assistant Government Pleader for Finance and Planning. 4. During the course of hearing, Sri.A.S.C.Bose, the learned Standing Counsel appearing for the respondent No.5 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. 4 5. Considering the submissions, the concerned respondents are hereby directed to verify and release the payments as expeditiously as possible preferably within a period of six weeks from the date of receipt of a copy of this order. 6. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs. 7. Pending miscellaneous petitions, if any, shall stand closed. ____________________ JUSTICE HARINATH.N 06.01.2026 KGM 5 197 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.36682 of 2025 Dated 06.01.2026 KGM