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2026 DAILYLAW 2955 (AP)

M/S. Open Air Equipments v. The State of Andhra Pradesh,

WP/14358/2026 · 2026-06-14

Harinath N

body2026

Judgment text

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APHC010265552026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE FIFTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 14358/2026 Between: 1. M/S. OPEN AIR EQUIPMENTS, REP.BY MANAGING PARTNER, VASIREDDY GANGADHAR RAMESH BABU , S/O.YESU DASU, AGE. 33 YEARS, D.NO. 4-318, VALASAPAKALA ,KAKINADA, EAST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR.522238 2. THE KAKINADA MUNICIPAL CORPORATION, REP.BY ITS COMMISSIONER,KAKINADA KAKINADA DISTRICT.533001 3. THE KAKINADA MUNICIPAL CORPORATION, REP.BY ITS EXECUTIVE ENGINEER KAKINADA DISTRICT.533001 4. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 522238 ...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 an appropriate Writ Order or direction more particularly one 2 in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the payments of pending amounts of Rs. 3,85,819/- (Rupees Three Lakhs, Eighty Five Thousand, Eight hundred and Nineteen only) even after finalizing the bills payable to the petitioner in relation to the work i.e I Providing repairs to open air GYM (Women) Equipments at Gandhi nagar park in Kakinada municipal corporation, Date 24.06.2024(Rs.93,738/-) ,11. Providing repairs to open air GYM (Men ) Equipments at Gandhi nagar Park in Kakinada municipal Corporation Date. 24.08.2024(Rs.90,292/- ) ,111.Providing repairs to open air GYM (WOMEN) Equipments at Gandhi nagar park in Kakinada municipal corporation ,Date. 24.06.2024(Rs.93,738/-) ,IV. Providing repairs to open air GYM (Men) equipments at Vivekananda park in Kakinada municipal corporation Date. 24.06.2024 (Rs.98,305/-).for the year 2024 as bad ,illegal, arbitrary, improper, unjust and against the Article 21 of constitution of india and consequently direct the respondents to pay the amounts of Rs. 3,85,819/- (Rupees Three Lakhs, Eighty Five Thousand, Eight hundred and Nineteen only) with interest @ 24percent per annum for the delayed amount till date of realization for the works executed by tlie petitioner and pass 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 to direct the respondents to releasing the amounts Rs. 3,85,819/- (Rupees Three Lakhs, Eighty Five Thousand, Eight hundred and Nineteen only) payable to him, pending disposal of the write petition and pass Counsel for the Petitioner: 1. DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP 2. GP FOR FINANCE PLANNING The Court made the following: 3 Order:- The learned counsel for the petitioner submits that the petitioner was entrusted with four (04) works, i.e., (i) Providing repairs to open air GYM (Women) Equipments at Gandhi nagar park in Kakinada municipal corporation, dated 24.06.2024, (ii) Providing repairs to open air GYM (Men) Equipments at Gandhi nagar Park in Kakinada municipal Corporation, dated 24.08.2024, (iii) Providing repairs to open air GYM (WOMEN) Equipments at Gandhi nagar park in Kakinada municipal corporation, dated 24.06.2024 and (iv) Providing repairs to open air GYM (Men) equipments at Vivekananda park in Kakinada municipal corporation dated 24.06.2024. 2. It is submitted that the petitioner had completed the works entrusted to him and that the competent authority of the respondents had also approved the payment due and payable to the petitioner. It is also submitted that the same can be verified from the entries mentioned in the M-Book. 3. Heard the submissions of the learned counsel for the petitioner, the learned Government Pleader for Municipal Administration and Urban Development Department, Sri M. Krishna Rao, learned Standing Counsel for the respondent Nos.2 & 3 and the learned Assistant Government Pleader for Finance and Planning. 4. During the course of hearing, the learned Standing Counsel appearing for the respondent Nos.2 & 3 submits that the works are completed and that the petitioner has also submitted his final bill. 4 5. Considering the submissions that the works completed by the petitioner are not disputed and also considering the endorsement in the M-Book, this Court deems it appropriate to dispose of the writ petition at the admission stage, directing the respondents to verify and release the payment due to the petitioner as expeditiously as possible, preferably within a period of four (04) 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 15.06.2026 PNS