Extracted from the PDF above. The PDF is authoritative.
APHC010117412026
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: 6540/2026 Between:
1. SRI RAO SURESH, S/O. R. V. SURYA RAO AGE 55 YEARS, R/O.2- 11-13, VENKATA NAGAR, SREE NAGAR, KAKINADA, EAST GODAVARI DISTRICT, ANDHRA PRADESH.
...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 in the nature of Writ of Mandamus declaring the action of the Respondents in
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withholding the payments of pending amounts of Rs. 41,46,463/- (Forty One Lakhs, Forty Six Thousand , Four Flundred and Sixty Three Rupees only ) even after finalizing the bills payable to the petitioner in relation to the works i. e /. Development of municipal park near mollaramma temple by providing walking track other miscellaneous works in 15th Division, Agreement no.34/2023- 24 ,Dated 1.2.2024 , For the year 2023 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. 41,46,463/- (Forty One Lakhs, Forty Six Thousand , Four Flundred and Sixty Three Rupees only ) with interest @ 24 percent per annum for the delayed amount till date of realization for the works executed by the petitioner and pass any other order or orders as this Honble Court may deem fit and proper in the
facts and circumstances of the case.
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. 41,46,463/- (Forty One Lakhs Forty Six Thousand Four Hundred and Sixty Three Rupees only) payable to him pending disposal of the write petition and pass such Counsel for the Petitioner:
1. DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S):
1. M Krishna Rao SC for skl vzm kkd Municipal Corporations
2. GP FOR MUNCIPAL ADMN URBAN DEV
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 the work of development of a municipal park near Mollaramma Temple by providing a walking track and carrying out other miscellaneous works in the 15th Division, vide Agreement No.34/2023-24, dated 01.02.2024.
2. It is submitted that the petitioner had completed the work entrusted to him. Thereafter, the petitioner submitted the final bills, which were approved by the respondent Corporation. The respondents have also recorded the progress of the work and the amounts due and payable to the petitioner in the M-Book. The respondents have also forwarded the final bill for clearance. However, the petitioner has so far not received the outstanding amounts.
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 respondent Nos.2 and 3, and the learned Assistant Government Pleader for Finance and Planning.
4. During the course of hearing, the learned Standing Counsel appearing for respondent Nos.2 and 3, 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.
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5. Recording the said 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