1 APHC010039672026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 2538/2026 Between: 1. VADLAMUDI PENCHALAIAH, S/O. PULLAIAH AGED 53 YEARS, R/O. D.NO. 26/27, M.G. BROTHERS LAYOUT HP LAYLANA MANDAPAM, SS TANK ROAD, NELLORE. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPALITIES AND URBAN DEVELOPMENT DEPARTMENT, A.P. SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT-522238. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT- 522238. 3. THE MUNICIPAL CORPORATION, NELLORE, SPSR NELLORE DISTRICT REP BY ITS COMMISSIONER-524001 4. THE SUPERINTENDING ENGINEER, MUNICIPAL CORPORATION NELLORE NELLORE DISTRICT- 5240015. 5. THE EXECUTIVE ENGINEER, MUNICIPAL CORPORATION, NELLORE SPSR NELLORE DISTRICT-524001. ...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 topleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of MANDAMUS declaring the action of the respondents in not releasing payment for the bills to the petitioner for the works executed by him namely i) Construction of CC Drains and Culverts B) From A) From D. No. 16/11/748 (Srivi Enclave) to Venki Plaza at Haranadhapuram D. No. 16/13/418 to Sri Vengamamba Family Daba at Haranadhapuram in Division No. 18 of Nellore Municipal Corporation (Package 13) under agreement No. 364/JTO-II/2024-25, Dated. 22.03.2025 for an amount of Rs. 18,78,821/- ii) Providing gravel shoulders from dno. 10/2 to 11/206-1 at RTC colony at kotak Mahindra bank road of RTC Colony from dno. 11/205 to mythli water plant at RTC Colony and from dno. 2-98 to 2-93 at Samatha nagar A Block 2nd cross road in Div No. 25 of NMC under agreement No. 2132A/JTO-11/2025-26, Dated. 16.05.2025 for an amount of Rs. 2,53,400/-, iii) Construction of Valve Pits, CC Culvert Slabs and CC Road and BT Patches at Gandhi Nagar of Nellore Municipal Corporation under agreement No. 207A/EE/JTO-11/2025- 26, Dated. 30.06.2025 for an amount of Rs. 4,58,489/-, iv) Laying of BT Road from Union Bank to Dycus Road Junction in Nellore Municipal Corporation under agreement No. 206A/EE/JTO-11/2025-26, Dated. 28.06.2025 for an amount of Rs. 4,22,151 and v) Laying of CC Road near vinayaka Temple at RTC Colony in div no 25 of NMC under agreement No. 134A/JTO-11/2025- 26, Dated. 16.05.2025 for an amount of Rs. 3,24,507/- (total amount of Rs. 33,37,368/-) as illegal, arbitrary, malafidy, high-handed, and contrary to the procedure established by law apart from being voilative of Articles 14 and 19 (1) (g) of the Constitution of India and consequentially direct the respondents to release the payment of above bill along with interest forthwith in the interest of justice 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 pleased to direct the respondents to pay the bill of the petitioner for the works executed by him namely i) Construction of CC Drains and Culverts B) From A) From D. No. 16/11/748 (Srivi Enclave) to Venki Plaza at Haranadhapuram D. No. 16/13/418 to Sri Vengamamba Family Daba at Haranadhapuram in Division No. 18 of Nellore Municipal Corporation (Package 13) under agreement No. 364/JTO-II/2024-25, Dated. 22.03.2025 for an amount of Rs. 18,78,821/-, ii) Providing gravel shoulders from dno. 10/2 to 11/206-1 at RTC colony at kotak Mahindra bank road of RTC Colony from dno. 11/205 to 3 mythli water plant at RTC Colony and from dno. 2-98 to 2-93 at Samatha nagar A Block 2nd cross road in Div No. 25 of NMC under agreement No. 2132A/JTO-II/2025-26, Dated. 16.05.2025 for an amount of Rs. 2,53,400/-, iii) Construction of Valve Pits, CC Culvert Slabs and CC Road and BT Patches at Gandhi Nagar of Nellore Municipal Corporation under agreement No. 207A/EE/JTO-11/2025-26, Dated. 30.06.2025 for an amount of Rs. 4,58,489/- , iv) Laying of BT Road from Union Bank to Dycus Road Junction in Nellore Municipal Corporation under agreement No. 206A/EE/JTO-11/2025-26, Dated. 28.06.2025 for an amount of Rs. 4,22,151 and v) Laying of CC Road near vinayaka Temple at RTC Colony in div no 25 of NMC under agreement No. 134A/JTO-11/2025-26, Dated. 16.05.2025 for an amount of Rs. 3,24,507/- (total amount of Rs. 33,37,368/-), pending disposal of the Writ Petition and to pass Counsel for the Petitioner: 1. KAMBHAMPATI RAMESH BABU Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP 2. GP FOR FINANCE PLANNING 4 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 2538 of 2026 ORDER: 1. The petitioner is aggrieved by the action of the respondents in not releasing payment for the bills to the petitioner for the works executed by him namely i) Construction of CC Drains and Culverts B) From A) From D.No.16/11/748 (Srivi Enclave) to Venki Plaza at Haranadhapuram D. No. 16/13/418 to Sri Vengamamba Family Daba at Haranadhapuram in Division No. 18 of Nellore Municipal Corporation (Package 13) under agreement No. 364/JTO-II/2024-25, Dated. 22.03.2025 for an amount of Rs. 18,78,821/- ii) Providing gravel shoulders from D.No.10/2 to 11/206-1 at RTC colony at kotak Mahindra bank road of RTC Colony from D.No.11/205 to mythli water plant at RTC Colony and from D.Nos.2-98 to 2-93 at Samatha nagar A Block 2nd cross road in Div No. 25 of NMC under agreement No. 2132A/JTO-11/2025-26, Dated. 16.05.2025 for an amount of Rs. 2,53,400/-, iii) Construction of Valve Pits, CC Culvert Slabs and CC Road and BT Patches at Gandhi Nagar of Nellore Municipal Corporation under agreement No. 207A/EE/JTO-11/2025-26, Dated. 30.06.2025 for an amount of Rs. 4,58,489/-, iv) Laying of BT Road from Union Bank to Dycus Road Junction in Nellore Municipal Corporation under agreement No. 206A/EE/JTO-11/2025-26, Dated. 28.06.2025 for an amount of Rs. 4,22,151 and v) Laying of CC Road near vinayaka Temple at RTC Colony in div no 25 of NMC under agreement No. 5 134A/JTO-11/2025-26, Dated. 16.05.2025 for an amount of Rs. 3,24,507/- (total amount of Rs. 33,37,368/-). 2. The learned counsel further submits that the petitioner duly executed all the works and thereafter submitted final bills, which were duly endorsed, and a quality control certificate was also issued by the competent authority. A statement detailing the works executed by the petitioner was prepared, and the progress of the work was recorded in the M-book. However, in spite of the completion of all procedural formalities, the payment towards the completed works has not been released till date. 3. Heard the submissions of the learned counsel for the petitioner, the learned Government Pleader for Municipal Administration & Urban Development, Sri A.S.C.Bose, learned Standing Counsel for the Municipality and the learned Assistant Government Pleader for Finance and Planning. 4. During the course of hearing, the learned Standing Counsel appearing for the respondents does not dispute the submissions made by the petitioner with respect to the completion of the work undertaken and that the non- payment of bills is due to paucity of funds. 5. Considering the submissions, the concerned respondents are hereby directed to verify and release the payments due payable to the petitioner as expeditiously as possible preferably within a period of six weeks from the date of receipt of a copy of this order. 6 6. Accordingly, the writ petition is disposed of. No costs. Pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date:24.06.2026 NKA 7 51 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 2538 of 2026 Date: 24.06.2026 NKA