Extracted from the PDF above. The PDF is authoritative.
1
Date of reserved for orders : Date of pronouncement : Date of uploading : APHC010039542026
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY, THE 24th DAY OF JUNE 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 2662/2026 Between:
1. CH NARESH, S/O. RAMA KRISHNAIAH AGE 31 YEARS, OCC CONTRACTOR R/O. D. NO. 20-1A-7-309, 8TH STREET, SANTHI NAGAR DYCUS ROAD, A.K. NAGAR POST, NELLORE DISTRICT. ...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- 524001
5. THE EXECUTIVE ENGINEER, MUNICIPAL CORPORATION, NELLORE SPSR NELLORE DISTRICT-524001. 2
...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 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) Laying of CC Road from D. no. 25-2-474 to Sai Chaitanya School and Construction of CC Drain and Culverts, b) From Gandhinagar Water Tanik to Janardhan Reddy Guest House in Chaitanyapuri Janardhan Reddy Guest House in Chaitanyapuri Colony, C) From Kesavulu Nagar Water Plant to 0pp.side of Temple in Kesavulu Nagar, d) From SR Blight Opp.street to Sri Vignan Coaching Center, e) From D No. 25-2-416 to D No. 25-4-439, f) From D No. 26-6-39 to Narayana Junior College in New Military Colony, G) From JK Tires to Journalist Colony Park in Division No. 28 of NMC (Packages No. 36) under agreement No. 39/SE/JTO- II/2024-25, Dated. 13.3.2025 for an amount of Rs. 46,08,954/-, ii) Construction of CC Drain from ESI Hospital to Balaji Steel and Cement of NMC under agreement No. 22/JTO-II/2025-26, Dated. 21.05.2025 for an amount of Rs. 32,21,699/-, iii) Construction of CC Drain from Nippo back side Road to Green Park Bar of Nellore Municipal Corporation under agreement No. 21/JTO-II/2025-26, Dated. 21.05.2025 for an amount of Rs.
8,41,703/-, iv) Construction of CC Drain from Door No. 26-13-658 to D No. 26-13-698 (Ele Pole NGO-10/A7) near Railway Track at BV Nagar in Division No. 22 of NMC under agreement No. 16/JTO-l 1/2025-26, Dated. 5.05.2025 for an amount of Rs. 6,09,300 (total amount of Rs. 92,81,656/-) 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 Laying of CC Road from D. no. 25-2-474 to Sai Chaitanya School & Construction of CC Drain and Culverts, b) % From Gandhinagar Water Tanik to Janardhan Reddy Guest House in Chaitanyapuri Janardhan Reddy Guest House in Chaitanyapuri Colony, C) From Kesavulu Nagar Water Plant to 0pp.side of Temple in Kesavulu Nagar, d) From SR
3
Blight 0pp.street to Sri Vignan Coaching Center, e) From D No. 25-2-416 to D No. 25-4-439, f) From D No. 26-6-39 to Narayana Junior College in New Military Colony, G) From JK Tires to Journalist Colony Park in Division No. 28 of NMC (Packages No. 36) under agreement No. 39/SE/JTO-II/2024-25, Dated. 13.3.2025 for an amount of Rs. 46,08,954/-, ii) Construction of CC Drain from ESI Hospital to Balaji Steel & Cement of NMC under agreement No. 22/JTO-l 1/2025-26, Dated. 21.05.2025 for an amount of Rs. 32,21,699/-, iii) Construction of CC Drain from Nippo back side Road to Green Park Bar of Nellore Municipal Corporation under agreement No. 21/JTO-II/2025-26, Dated. 21.05.2025 for an amount of Rs.
8,41,703/-, iv) Construction of CC Drain from Door No. 26-13- 658 to D No. 26-13-698 (Ele Pole NGO-10/A7) near Railway Track at BV Nagar in Division No. 22 of NMC under agreement No. 16/JTO- 11/2025-26, Dated. 5.05.2025 for an amount of Rs. 6,09,300 (total amount of Rs. 92,81,656/-), pending disposal of the Writ Petition and to pass Counsel for the Petitioner:
1. KAMBHAMPATI RAMESH BABU Counsel for the Respondent(S):
1. GP FOR MUNCIPAL ADMN URBAN DEV
2. GP FOR FINANCE PLANNING
4
THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 2662 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) Laying of CC Road from D.no. 25-2-474 to Sai Chaitanya School and Construction of CC Drain and Culverts, b) From Gandhinagar Water Tanik to Janardhan Reddy Guest House in Chaitanyapuri Janardhan Reddy Guest House in Chaitanyapuri Colony, C) From Kesavulu Nagar Water Plant to 0pp.side of Temple in Kesavulu Nagar, d) From SR Blight Opp.street to Sri Vignan Coaching Center, e) From D No. 25-2-416 to D No. 25-4-439, f) From D No. 26-6-39 to Narayana Junior College in New Military Colony, G) From JK Tires to Journalist Colony Park in Division No. 28 of NMC (Packages No. 36) under agreement No. 39/SE/JTO- II/2024-25, Dated. 13.3.2025 for an amount of Rs. 46,08,954/-, ii) Construction of CC Drain from ESI Hospital to Balaji Steel and Cement of NMC under agreement No. 22/JTO-II/2025-26, Dated. 21.05.2025 for an amount of Rs. 32,21,699/-, iii) Construction of CC Drain from Nippo back side Road to Green Park Bar of Nellore Municipal Corporation under agreement No. 21/JTO-II/2025-26, Dated. 21.05.2025 for an amount of Rs. 8,41,703/-, iv) Construction of CC Drain from Door No. 26-13-658 to D No. 26-13-698 (Ele Pole NGO-10/A7) near Railway Track at BV Nagar in Division No. 22 of NMC under agreement No.
5
16/JTO-l 1/2025-26, Dated. 5.05.2025 for an amount of Rs. 6,09,300 (total amount of Rs. 92,81,656/-). 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 twelve 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
54 THE HONOURABLE SRI JUSTICE HARINATH.N
WRIT PETITION NO: 2662 of 2026 Date: 24.06.2026
NKA