M/s Kotaiah Agencies v. The State of Andhra Pradesh
WP/16389/2026 · 2026-06-28
Harinath N
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 3883 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 3883 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Date of reserved for orders : Date of pronouncement : 29.06.2026 Date of uploading : 03.07.2026 APHC010308882026
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY, THE 29th DAY OF JUNE 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 16389/2026 Between:
1. M/S KOTAIAH AGENCIES, FIT NO 105 BLOCK 5. PANCHAVATI APARTMENTS, AMMAVARI TEMPLE, PONNURU ROAD, GUNTUR, GUNTUR DISTRICT-522003. REP BY ITS SOLE PROPRIETOR, MALAPATI GURU KRISHNA VARA PRASAD, S/O VENKAIAH, AGED ABOUT 45 YEARS, R/O FIT NO 105 BLOCK 5. PANCHAVATI APARTMENTS, AMMAVARI TEMPLE, PONNURU ROAD, GUNTUR, GUNTUR DISTRICT-522003. ...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY,
MUNICIPAL ADMINISTRATION DEPARTMENT, A.P SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT 522238. 2. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING A.P SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT 522238. 3. THE ANDHRA PRADESH COMPREHENSIVE FINANCIAL MANAGEMENT SYSTEM CFMS, NEAR NRI HOSPITAL, AUTONAGAR, MANGALAGIRI, ANDHRA PRADESH 522503. REP. BY ITS CHIEF EXECUTIVE OFFICER. 2
4. THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, ANDHRA PRADESH AT TADEPALLI, GUNTUR DISTRICT-522501. 5. THE DIRECTORATE OF TREASURIES AND ACCOUNTS, REP. BY ITS DIRECTOR OF WORKS AND ACCOUNTS DOOR NO 7-57, SRI ANJANEYA TOWERS,
BHIMARAJU GUTTA, VTPS ROAD, IBRAHIMPATNAM, VIJAYAWADA-521456,
6. PAY AND ACCOUNTS OFFICER, TREASURIES AND ACCOUNTS, GUNTUR. R AND B QUARTERS, GUNTUR, ANDHRA PRADESH 522004
7. THE DISTRICT TREASURY OFFICER, GUNTUR DISTRICT. R AND B QUARTERS, GUNTUR, ANDHRA PRADESH 522004
8. THE MANGALAGIRI TADEPALLI MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, MANGALAGIRI, GUNTUR DISTRICT- 522503
...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 or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not paying the admitted due amounts of Rs 90,866/-, Rs 87,310/-, Rs 87,583/-, Rs 39,526, Rs 3,04,694, Rs 3,32,351 and Rs 8,16,073/- respectively totaling Rs.
17,58,403/- (Seventeen Lakhs Fifty Eight Thousand Four Hundred three) payable to petitioner for 7 works executed for 8th respondent by it, under agreements Bearing Nos 175/2024-25 (Dated 12-12-2024), 176/2024-25 (dated 12-12- 2024), 177/2024-25 (dated 12-12-2024), 303/2024-25 (dated 24- 01-2025), 128/2025-26 (dated 11-06-2025), 129/2025-26 (dated 11-06- 2025) andl61/2025-26 (dated 24-06-2025) respectively by finalizing the same as illegal, arbitrary, unconstitutional and consequently direct the respondents herein to immediately pay the due amounts of Rs 90,866/-, Rs 87,310/-, Rs 87,583/-, Rs 39,526, Rs 3,04,694, Rs 3,32,351 and Rs 8,16,073/- respectively totaling Rs. 17,58,403/- (Seventeen Lakhs Fifty Eight Thousand Four Hundred three) payable to petitioner for the said 7 works under their respective agreements with an interest 12 percent per annum and pass
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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 herein to release the due amounts of Rs 90,866/-, Rs 87,310/-, Rs 87,583/-, Rs 39,526, Rs 3,04,694, Rs 3,32,351 and Rs 8,16,073/- respectively totaling Rs. 17,58,403/- (Seventeen Lakhs Fifty Eight Thousand Four Hundred three) payable to petitioner for 7 works executed for 8^^ respondent by it, under agreements Bearing No’s 175/2024-25 (Dated 12-12-2024), 176/2024-25 (dated 12-12-2024), 177/2024-25 (dated 12-12- 2024), 303/2024-25 (dated 24-01-2025), 128/2025-26 (dated 11- 06-2025), 129/2025-26 (dated 11-06-2025) and 161/2025-26 (dated 24-06-2025) respectively within a stipulated time frame and pass Counsel for the Petitioner:
1. SASANKA BHUVANAGIRI Counsel for the Respondent(S):
1. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP)
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 the works i.e., (1) MTMC- Formation of Tank bund with Sand bags Restoration of Damaged Road with Demolition Waste Pothuraju Cheruvu in Nowulru under Municipal General Fund, (2) MTMC- Providing of Wet Mix Road for Existing Damaged Road Due to Floods at TIDCO Houses Road in Nowluru, (3) MTMC- Engaging of JCB for Restoration of Damaged Road Shoulders with Demolition Waste and Providing stone Dust Formation at Tank bund Due to flood at TIDCO Houses Road in Nowluru, (4) MTMC- Restoration of CC Patches in Various places of Sharaff Bazar areas in Mangalagiri Tadepalli Municipal Corporation, (5) Construction of CC platforms to Newly Constructed Toilet Near Kalimatha Junction at Gowtham Budda Road (Near Vegetable Market) in Mangalagiri Tadepalli Municipal Corporation, (6) Construction of CC platforms to Newly Constructed Toilet in front of Narayana Jr College Near Vadlapudi Center in Mangalagiri Tadepalli Municipal Corporation and (7) Construction of RCC Culverts and CC drain from Mekala Prakasha rao(H) Kambhampati to Rosaiah (H) in PNB & YVR Colony of Pedavadlapudi Mangalagiri in Tadepalli Municipal Corporation under municipal general funds. 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
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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. 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. 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 Corporation, and the learned Assistant Government Pleader for Finance and Planning. 4. During the course of hearing, the learned Standing Counsel appearing for the respondent Corporation submits that the works have been completed and that the petitioner has also submitted the final bills and the amounts due and payable to the petitioner have been duly admitted.
It is submitted that further funds are awaited and that, 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
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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 29.06.2026 PNS
Whether the order is: Speaking
Reasoned ☑ Reportable
Non-reportable ☑