APHC010273202026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 14264/2026 Between: 1. NIKHITA ENTERPRISES, REP. BY ITS PROPRIETOR BATHULA LAKSHMAIAH, S/O. VEERAIAH, AGED 32 YEARS, OCC CONTRACTOR, R/O. D.NO.157, UDA COLONY,OPP VASAVI CLUB, AJITH SINGH NAGAR, VIJAYAWADA, NTR DISTRICT-520015 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATIONDEPARTMENT, AP SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT - 522239 2. THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, PRIME HILL CREST, 4TH FLOOR, NEAR DGP OFFICE, VADDESWARAM VILLAGE, MANGALAGIRI, GUNTUR DISTRICT - 522503 3. THE COMMISSIONER, VIJAYAWADA MUNICIPAL CORPORATION VIJAYAWADA, NTR DISTRICT -520001 4. THE SUPERINTENDENT ENGINEER, VIJAYAWADA MUNICIPAL CORPORATION VIJAYAWADA, NTR DISTRICT -520001 5. THE EXECUTIVE ENGINEER, MUNICIPAL CORPORATION VIJAYAWADA VIJAYAWADA, NTR DISTRICT-520001 6. THE DEPUTY EXECUTIVE ENGINEER, MUNICIPAL CORPORATION 2 VIJAYAWADA VIJAYAWADA, NTR DISTRICT -520001 7. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT,AP SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT - 522239 ...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 a Writ, Order or direction more particularly one in the nature of Writ of Mandamus, or any other appropriate writ or direction declaring the action of the Respondents in withholding the payment of an amounts of 1) Rs. 2,88,634/- and 2) Rs. 16,38,698/- and 3) Rs. 35,68,455/- and 4) Rs. 12,44,617/- totally an amount Rs. 67,40,404/- even after finalizing the bills, payable to the petitioner in relation the works i.e., (1) Replacement of existing age-old AC Water Supply Pipeline with HOPE Water Supply Pipeline to Suribabu Street in Bhanu Nagar in 28th Division (2) Providing new Water Supply and UGD lines to PSR Colony internal roads at Bhanu Nagar in 28th Division (3) Replacement of existing age- old AC Water Supply Pipeline with HDPE Water Supply Pipeline near Medical Shop Area internal roads at Bhanu Nagar in 28th Division and (4) Engaging Tippers for Desilting of Various Drains in Works Division-Ill, General Fund, under Vijayawada Municipal Corporation questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay the amounts of 1) Rs. 16,98,228/- and 2) Rs. 16,98,228/- and 2) Rs. 16,57,826/- and totally an amount Rs.33,56,054/-with interest 12 percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forth with and pass such 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 pay the amounts of 1) Rs. 2,88,634/- and 2) Rs. 16,38,698/- and 3) Rs. 35,68,455/- and 4) Rs. 12,44,617/- totally an amount Rs. 67,40,404/- even after finalizing the bills, payable to the petitioner in relation to the works i.e., (1) Replacement of existing age-old AC Water Supply Pipeline with HOPE Water Supply Pipeline to Suribabu Street in Bhanu Nagar in 28th Division (2) Providing new Water Supply and UGD lines to PSR Colony internal roads at Bhanu Nagar in 28th Division (3) Replacement of existing age-old AC Water Supply Pipeline with HDPE Water Supply Pipeline near Medical Shop Area internal roads at Bhanu Nagar in 3 28th Division and (4) Engaging Tippers for Desilting of Various Drains in Works Division-Ill, General Fund, under Vijayawada Municipal Corporation forthwith, pending disposal of the Writ Petition and pass such Counsel for the Petitioner: 1. PRATHIWADA VARUN KUMAR Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP 2. S.V.S.S.SIVARAM SC For VMC 3. GP FOR FINANCE PLANNING The Court made the following: 4 Order:- The learned counsel for the petitioner submits that the petitioner was entrusted with four (04) works, namely: (i) Replacement of existing age-old AC Water Supply Pipeline with HOPE Water Supply Pipeline to Suribabu Street in Bhanu Nagar in 28th Division, (ii) Providing new Water Supply and UGD lines to PSR Colony internal roads at Bhanu Nagar in 28th Division, (iii) Replacement of existing age-old AC Water Supply Pipeline with HDPE Water Supply Pipeline near Medical Shop Area internal roads at Bhanu Nagar in 28th Division and (iv) Engaging Tippers for Desilting of Various Drains in Works Division-Ill, General Fund, under Vijayawada Municipal Corporation. 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 payments due and payable to the petitioner. The respondents have also recorded the progress of the works and the amounts due and payable to the petitioner in the M-Book. It is submitted that the competent respondent authority has certified the quality of the works completed by the petitioner and has also issued a Quality Control Certificate. However, the respondents are yet to release the amounts due and payable to the petitioner. 3. Heard the submissions of the learned counsel for the petitioner, the learned Government Pleader for Municipal Administration and Urban Development Department, Sri S.V.S.S.Siva Ram, learned Standing Counsel 5 for the respondent Nos.3 to 6 and the learned Assistant Government Pleader for Finance and Planning. 4. During the course of hearing, the learned Standing Counsel appearing for respondent Nos.3 to 6, on written instructions, submits that the bills were approved for clearance and funds were also released by the Government for clearing the outstanding bills of the contractors. It is also submitted that further funds are awaited and, soon after the release of the funds, the bills due and payable to the petitioner shall be cleared. 5. Recording the submissions, this writ petition is disposed of at the admission stage, directing the respondents to verify and release the payments due and payable to the petitioner as expeditiously as possible, preferably within a period of six (06) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. 6. Pending miscellaneous petitions, if any, shall stand closed. ____________________ JUSTICE HARINATH.N 17.06.2026 PNS