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2026 DAILYLAW 3350 (AP)

BELLAM RAGHAVAIAH v. THE STATE OF AP

WP/6105/2026 · 2026-06-21

Harinath N

body2026

Judgment text

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APHC010104172026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY, THE TWENTY SECOND DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 6105/2026 Between: 1. BELLAM RAGHAVAIAH, C/O. SUBBA RAO, AGED 65 YEARS, CONTRACTOR, R/O. 11-108-10/1, SAI BABA NAGAR COLONY, KOTHA PETA (RURAL), PRAKASAM DISTRICT - 523 157. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPLE SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT SECRETARIAT VELAGAPUDI, AMARAVATHI, GUNTUR DIST - 523 238. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DIST- 523 238. 3. THE ASSISTANT AUDIT OFFICER, STATE AUDIT, BAPATIA, BAPATLA DISTRICT - 523 001. 4. THE COMMISSIONER, CHIRALA MUNICIPALITY, BAPATLA DISTRICT - 523 155. 5. THE ASSISTANT ENGINEER, CHIRALA MUNICIPALITY, CHIRALA, BAPATLA DISTRICT - 523 165. 6. THE MUNICIPAL ENGINEER, CHIRALA MUNICIPALITY, CHIRALA, BAPATLA DISTRICT - 523 155. ...RESPONDENT(S): 2 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 order or orders, direction directions. Writ or Writs particularly one in the nature Writ of Mandamous or any appropriate writ declare the action of the respondents in not paying the bills for execution of works by the Petitioner works under 1. Agreement No. 178 of 2023-24, Dt.10-11-2023, 2. Agreement No.87 of 2023-24, Dt 28-07-2023 3. Agreement No.206 of 2023- 24, Dt 16-12-2023 4. Agreement No.109 of 2023- 24, Dt 11-08-2023 5. Agreement No. 179 of 2023-24, Dt 10-11-2023 6. Agreement No. 177 of 2023-24, Dt 10-11-2023 7. Agreement No. 183 of 2023- 24, Dt 10-11-2023 8. Agreement No.181 of 2023-24, Dt 10-11-2023 9. Agreement No.281 of 2023- 24, Dt 16-03-2024 10. Agreement No.115 of 2022- 23, Dt 28-09-2022 11. Agreement No.117 of 2023-24, Dt 16-08-2023 12. Agreement No. 190 of 2023-24, Dt 24-11-2023 13. Agreement No. 195 of 2023- 24, Dt 24-11-2023. Total all Works amount of Rs.60,87,332/- to the petitioner with 6 interest till to day from the date of completion of respective works illegal, arbitrary violation of principles of natural justice and violative of Article 14, 19 (i)g, 21 of the Constitution of India, consequently direct the respondents to release the bills for the above completed works immediately with 6 interest and to 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 may be pleased to direct the respondents to release the amount of Rs.60,87,332/- towards payment of above final bills for the contract works under taken by the petitioner long back, pending disposal of main writ petition pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. K L N SWAMY Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP 2. GP FOR FINANCE PLANNING The Court made the following: 3 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 6105 OF 2026 ORDER:- The learned counsel for the petitioner submits that the petitioner was entrusted with 13 works vide Agreement Nos.1. 178 of 2023-24, Dt.10-11- 2023, 2. 87 of 2023-24, Dt.28-07-2023, 3. 206 of 2023-24, Dt.16-12-2023, 4. 109 of 2023-24, Dt.11-08-2023, 5. 179 of 2023-24, Dt.10-11-2023, 6. 177 of 2023-24, Dt.10-11-2023, 7. 183 of 2023-24, Dt.10-11-2023, 8. 181 of 2023-24, Dt. 10-11-2023, 9. 281 of 2023-24, Dt.16-03-2024, 10. 115 of 2022-23, Dt.28- 09-2022, 11. 117 of 2023-24, Dt.16-08-2023, 12. 190 of 2023-24, Dt.24-11- 2023 and 13. 195 of 2023-24, Dt.24-11-2023. 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. The respondents have also recorded the progress of the works and the amounts due and payable to the petitioner 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 G.Lakshmi Narayana, learned Standing Counsel for the Municipality and the learned Assistant Government Pleader for Finance and Planning. 4 4. During the course of hearing, the learned Standing Counsel appearing for the Municipality submits that the works are completed and that the petitioner had also submitted his final bills. 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 eight (08) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ____________________ JUSTICE HARINATH.N 22.06.2026 Pmk 5 133 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 6105 of 2026 Date: 22.06.2026 Pmk