Extracted from the PDF above. The PDF is authoritative.
APHC010148862026
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: 8359/2026 Between:
1. N. GOPINADH,, S/O.RAMARAO, AGED ABOUT 36 YEARS, R/O.D.NO. 13/267-9, NIZAMPETA, MACHILIPATNAM, KRISHNA DISTRICT - 521 001. ...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY,
MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT
DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT-522238
2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY,
FINANCE AND PLANNING DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT-522238
3. THE DIRECTOR OF MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, GOVERNMENT OF ANDHRA PRADESH MANGALAGIRI, GUNTUR DISTRICT-522503
4. THE DISTRICT COLLECTOR, KRISHNA DISTRICT, MACHILIPATNAM-521002
5. MACHILIPATNAM MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, MACHILIPATNAM, KRISHNA DISTRICT.-521001
6. THE EXECUTIVE ENGINEER, MUNICIPAL CORPORATION,
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MACHILIPATNAM. KRISHNA DISTRICT-521001
...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, declaring the action of the respondents in withholding amounts for work done even after completion of work and finalization of Bills payable to the petitioner in relation to the works under Gadapa Gadapaku Mana Prabhutvam for (1) Construction of CC Drain from Bypass Road to E.P.No.41/41, Opp, Jahoon Deear Showroom in Division No.41 of Machilipatnam Municipal Corporation, for an amount of Rs.4,10,238/- vide Work ID. MAUD-1070-31797,(2) Providing CC Road and Drain from Ramalayam to Burre Sekhar House D.No.16/94B in Division No.3 of Machilipatnam Municipal Corporation, for an amount of Rs.7,66,981/- vide Work ID. MAUD-1070-15477, (3) Providing CC Road to T.Shape Road from Pedana Road Vakalaiah House to Kannemredy Gantam Naidu House in Division No.3 of Machilipatnam Municipal Corporation, for an amount of Rs.7,54,521/- vide Work ID. MAUD-1070-15474, (4) Providing CC Drain from Seelam Babji gari Old House - EP No.3/200 to EP No. 16/21-1 in Division No.3 of Machilipatnam Municipal Corporation, for an amount of Rs.1,71,871/- vide Work ID.
MAUD-1070-15476, totaling to an amount of Rs.21,03,611/-, as illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India and consequently direct the respondent authorities to release the amounts with interest @ 24percent p.a. for the pending bills, forthwith for the above said works executed by the 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 release the pending amount with interest @ 24% p.a. in relation to the works executed by the petitioner under “Gadapa Gadapaku Mana Prabhutvam” for (1) Construction of CC Drain from Bypass Road to E.P.No.41/41, Opp: Jahoon Deear Showroom in Division No.41 of Machilipatnam Municipal Corporation, for an amount of Rs.4,10,238/- vide Work ID: MAUD-1070-31797: (2) Providing CC Road and Drain from Ramalayam to Burre Sekhar House D.No.16/94B in Division No.3 of Machilipatnam Municipal Corporation, for an amount of Rs.7,66,981/- vide Work ID: MAUD-1070-15477: (3) Providing CC Road to T.Shape Road from Pedana Road Vakalaiah House to Kannemredy Gantam Naidu House in
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Division No.3 of Machilipatnam Municipal Corporation, for an amount of Rs.7,54,521/- vide Work ID: MAUD-1070-15474: (4) Providing CC Drain from Seelam Babji gari Old House-EP No.3/200 to EP No. 16/21-1 in Division No.3 of Machilipatnam Municipal Corporation, for an amount of Rs.1,71,871/- vide Work ID: MAUD-1070-15476: totaling to an amount of Rs.21,03,611/-, pending disposal of writ petition and pass Counsel for the Petitioner:
1. AKULA VAMSI KRISHNA 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:
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Order:-
The learned counsel for the petitioner submits that the petitioner was entrusted with four (04) works, namely: (i) construction of CC Drain from Bypass Road to E.P. No.41/41, opposite Jahoon Deear Showroom, in Division No.41 of Machilipatnam Municipal Corporation, vide Work ID No. MAUD- 1070-31797; (ii) providing CC Road and Drain from Ramalayam to Burre Sekhar House, D.No.16/94B, in Division No.3 of Machilipatnam Municipal Corporation, vide Work ID No. MAUD-1070-15477; (iii) providing CC Road to T-Shape Road from Pedana Road, Vakalaiah House, to Kannemreddy Gantam Naidu House, in Division No.3 of Machilipatnam Municipal Corporation, vide Work ID No. MAUD-1070-15474; and (iv) providing CC Drain from Seelam Babji gari Old House, E.P. No.3/200, to E.P. No.16/21-1, in Division No.3 of Machilipatnam Municipal Corporation, vide Work ID No. MAUD-1070-15476.
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.
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3. Heard the submissions of the learned counsel for the petitioner, the learned Government Pleader for Municipal Administration and Urban Development Department, Sri A.S.C.Bose, learned Standing Counsel for the respondent Nos.5 & 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.5 and 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
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