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2026 DAILYLAW 4037 (AP)

CH NARESH v. The State of Andhra Pradesh

WP/2473/2026 · 2026-06-22

Harinath N

body2026

Judgment text

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Date of reserved for orders : Date of pronouncement : 23-06-2026 Date of uploading : 04-07-2026 APHC010039242026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY, THE 23rd DAY OF JUNE 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 2473/2026 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 ...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, Order or Direction more particularly one in the nature of Writ of MANDAMUS declaring the action of the 3rd respondents in not releasing payment for the bills to the petitioner for the works executed by him namely i) Laying of CC Road A) from D. No. 25-13-325 to D. No. 25-13-339 at Teachers Colony, B)from D. no. 25-13-671 to D. No. 25-13-708 at Teachers Colony and Construction of CC Drain and Culverts C) in NGO Colony near Cl Building both side and D. No. 25-13-670 and Culvert at Mini Bypass Road near D. No. 36-13-472, D) from Mahalakshmi Temple to D. No. 24-7-380 at Ravindra Nagar Street both sides of drain in Division No. 21 of NMC (Package No. 19) under agreement No. 41/SE/JTO-II/2024-25, Dated. 13.03.2025 for an amount of Rs. 46,30,607/-, ii) Construction of CC Drain and Culverts A) from Jayamma House to Bawarchi Restaurant near Mini Byepass in BV Nagar and CC Roads B) from D. no. 26-9-248 to D. No. 26- 9-244 and from D. No. 26-9-244 to D. No. 26-9-307 to D. No. 26-9-315 ad from D. No. 26-9-315 to Charbuja Granites in Division No. 22 of NMC (Package No. 22) under agreement No. 40/SE/JTO-11/2024-25, Dated. 13.03.2025 for an amount of Rs. 43,73,712/- and iii) Construction of CC Drain and Culvert a) From Gandhi Nagar ELSR to Janardhan Reddy Guest House b) In New Military Colony 4th cross road c) From ESI Hospital to Banglore Bakery on Podalakuru Road in postal colony in Division No. 28 of NMC (Package No. 37) under agreement No. 38/SE/JTO-II/2024-25, Dated. 13.03.2025 for an amount of Rs. 41,83,828/-, (total amount of Rs. 1,31,88,147/-) 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 to direct the respondents to pay the bill of the petitioner for the works executed by him namely i)Laying of CC Road A) from D. No. 25-13- 325 to D. No. 25- 13-339 at Teachers Colony, B) from D. no. 25-13-671 to D. No. 25-13-708 at Teachers Colony & Construction of CC Drain and Culverts C) in NGO Colony near C1 Building both side and D. No. 25-13-670 and Culvert at Mini Bypass Road near D. No. 36-13-472, D) from Mahalakshmi Temple to D. No. 24-7- 380 at Ravindra Nagar 3rd Street both sides of drain in Division No. 21 of NMC (Package No. 19) under agreement No. 41/SE/JTO-II/2024-25, Dated. 13.03.2025 for an amount of Rs. 46,30,607/-, ii) Construction of CC Drain and Culverts A) from Jayamma House to Bawarchi Restaurant near Mini Byepass in BV Nagar & CC Roads B) from D. no. 26-9-248 to D. No. 26-9-244 and from D. No. 26-9-244 to D. No. 26-9-307 to D. No. 26-9- 315 ad from D. No. 26-9-315 to Charbuja Granites in Division No. 22 of NMC (Package No. 22) under agreement No. 40/SE/JTO-II/2024- 25, Dated. 13.03.2025 for an amount of Rs. 43,73,712/- and iii) Construction of CC Drain and Culvert a) From Gandhi Nagar ELSR to Janardhan Reddy Guest House b) In New Military Colony 4th cross road c) From ESI Hospital to Banglore Bakery on Podalakuru Road in postal colony in Division No. 28 of NMC (Package No. 37) under agreement No. 38/SE/JTO-l 1/2024-25, Dated. 13.03.2025 for an amount of Rs. 41,83,828/-, (total amount of Rs. 1,31,88,147/-), 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 The Court made the following: ORDER:- The learned counsel for the petitioner submits that the petitioner was entrusted with the execution of the works for “i) Laying of CC Road A) from D.No. 25-13-325 to D. No. 25-13-339 at Teachers Colony, B) from D.No.25- 13-671 to D.No. 25-13-708 at Teachers Colony and Construction of CC Drain and Culverts C) in NGO Colony near Cl Building both side and D.No.25-13- 670 and Culvert at Mini Bypass Road near D.No.36-13-472, D) from Mahalakshmi Temple to D. No. 24-7-380 at Ravindra Nagar Street both sides of drain in Division No. 21 of NMC (Package No. 19) vide Agreement No. 41/SE/JTO-II/2024-25, Dated 13.03.2025 ii) Construction of CC Drain and Culverts A) from Jayamma House to Bawarchi Restaurant near Mini Byepass in BV Nagar and CC Roads B) from D.No. 26-9-248 to D.No. 26-9-244 and from D.No.26-9-244 to D. No. 26-9-307 to D. No. 26-9-315 ad from D. No. 26- 9-315 to Charbuja Granites in Division No. 22 of NMC (Package No. 22) vide Agreement No. 40/SE/JTO-11/2024-25, Dated 13.03.2025 and iii) Construction of CC Drain and Culvert a) From Gandhi Nagar ELSR to Janardhan Reddy Guest House b) In New Military Colony 4th cross road c) From ESI Hospital to Banglore Bakery on Podalakuru Road in postal colony in Division No. 28 of NMC (Package No. 37) vide Agreement No. 38/SE/JTO-II/2024-25, Dated 13.03.2025. 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. It is also submitted that the same can be verified from the entries mentioned 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 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 respondent Corporation submitted that the competent respondent authority has also issued a Quality Control Certificate duly certifying the works completed by the petitioner to the best satisfaction of the respondents. However, the final bills raised by the petitioner have not been paid to the petitioner. The learned Standing Counsel appearing for the respondent Nos.3 to 5 has furnished a copy of the draft counter, which shall be filed before the Registry today, wherein it is admitted that the petitioner has completed the work entrusted and the competent respondent authority has also recorded the completion of works in the M-Books and has determined the amount due payable to the petitioner. 5. Considering the admissions that the amounts are due payable to the petitioner and also considering the submissions of the learned Standing Counsel that the bill amount is above Rs.1 crore, the respondents shall verify and release the payment due to the petitioner as expeditiously as possible, preferably within a period of twelve (12) weeks from the date of receipt of a copy of this order. 6. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ____________________ JUSTICE HARINATH.N Dt: 23.06.2026 SR Whether the order is: Speaking ☑ Reasoned Reportable Non-reportable ☑