1 APHC010039272026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] MONDAY,THE SIXTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 2498/2026 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. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. THE NELLORE MUNICIPAL CORPORATION, NELLORE, SPSR NELLORE DISTRICT. REP BY ITS COMMISSIONER 4. THE SUPERINTENDING ENGINEER, MUNICIPAL CORPORATION NELLORE NELLORE DISTRICT- 524001 5. THE EXECUTIVE ENGINEER, NELLORE MUNICIPAL CORPORATION, NELLORE, SPSR NELLORE DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1. KAMBHAMPATI RAMESH BABU Counsel for the Respondent(S): 2 1. GP MUNCIPAL ADMN AND URBAN DEV AP 2. GP FOR FINANCE PLANNING The Court made the following: ORAL ORDER: Heard Ms. Ch.S.N. Meena Kumari, learned Counsel appearing on behalf of Sri Kambhampati Ramesh Babu, learned Counsel for the Writ Petitioner, Sri M. Srinu Babu, learned Assistant Government Pleader for Municipal Administration & Urban Development, Ms. D. Naga Chandrika, learned Assistant Government Pleader for Finance & Planning and Sri S. Vijay Kumar, learned Counsel appearing on behalf of Sri A.S.C. Bose, learned Standing Counsel for Nellore Municipal Corporation. 2. Sri S. Vijay Kumar, learned Counsel appearing on behalf of Sri A.S.C. Bose, learned Standing Counsel for Nellore Municipal Corporation, has submitted the Written Instruction furnished by the Deputy Executive Engineer, Nellore Municipal Corporation dated 06.04.2026. Copy of it is supplied to the learned Counsel for the Writ Petitioner and the same is taken on record. 3. The Written Instruction would indicate that the bills are admitted but they have not uploaded the same in CFMS Portal due to paucity of Municipal General Funds. 4. It is a settled law that the paucity of funds is no ground to withhold the payments due to the Contractors. (Please see (1) Surya Constructions vs. State of Uttar Pradesh and Others : (2019) 16 SCC 794 - Para Nos.2, 3 & 4, (2) Mr. S.C. Meena, EE (Project Narela) vs. Amit Tanwar : 2018 SCC OnLine Del 8035 - Para No.48, (3) Kashmir Wood Products vs Verinag Development Authority and Others : 2021 SCC OnLine J&K 814 - Para No.8, (4) Kattam Reddy Venkateswarlu Reddy Vs. State of Andhra Pradesh, Rep. by its Principal Secretary, Municipalities and Urban Development Department and three others : Order dated 23.01.2026 in W.P.No.34418 of 2025 of High Court of Andhra Pradesh) 3 5. Having regard to the facts and circumstances of the case, this Court deems it appropriate to allow this Writ Petition with a direction to the Respondent Authorities including Respondent Nos.2 & 3, to complete the entire administrative process, both inter-departmental and intra-departmental, by way of mutual cooperation and coordination, within a period of ten (10) weeks from today and transfer the due amount to the bank account of the Writ Petitioner within four (4) weeks thereafter. 6. Writ Petitioner is directed to submit the bank account details to the Competent Authority within three (3) weeks from today for effective compliance. 7. With these observations and directions, this Writ Petition stands allowed. No order as to costs. 8. Interlocutory Applications, if any, stand closed in terms of this order. ______________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt:06.04.2026 Vns