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2026 DAILYLAW 4198 (AP)

M/s S S Builders, v. The State of Andhra Pradesh,

WP/16663/2026 · 2026-06-24

Harinath N

body2026

Judgment text

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Date of reserved for orders : Nil Date of pronouncement : 25.06.2026 Date of uploading : 07.07.2026 APHC010302042026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY, THE 25th DAY OF JUNE 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 16663/2026 Between: 1. M/S S S BUILDERS,, REP BY ITS PROPRIETOR SRI DASARI RAJU HIMACHALAM, S/O D KRISHNAMARAJU, AGED 44 YEARS, R/O FLAT NO.302, RAJA HOMES, VIJAYA LAKSHMI NAGAR, 1ST STREET, PODALAKURU ROAD, NELLORE, SPSR NELLORE DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR522238 2. THE EXECUTIVE ENGINEER, NELLORE MUNICIPAL CORPORATION, SPSR NELLORE DISTRICT.524001 3. THE NELLORE MUNICIPAL CORPORATION, REP BY ITS COMMISSIONER, SPSR NELLORE DISTRICT.524001 4. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 522238 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 an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the payments of pending amounts of Rs. 46,85,201/- (Rupees Forty Six Lakhs Eighty Five Thousand Two Hundred and One only) for the year 2024, even after finalizing the bills, payable to the petitioner in relation to the works namely 1. Construction of CC Drain and culverts a) at Ambedkar nagar of N.V.Gardens b) At Maseed center ,4th mile N.V.Gardens c) from EP No.DDN2/A6 To EP No.DDN2/A4 at Subhahan nagar d) From EP.No.DDN2/A1/4 To masjid at subhahan nagar e) from EP No.DDN2/A2 To shaik sameena house at subhahan nagar fj from EP No.DDN2/A3 To EP No DDN2/A3/6 At Subhahan nagar g) from EP No.SS- 5/A7 To Existing medium drain at 4th mile masjid center in division no.1 of Nellore municipal corporation (Package 1) ,Agreement no.48/SE/JIO-ll/2024- 2025,Date18.03.2025 as bad .illegal, arbitrary, improper, unjust and against the Article 21 of Constitution of India and consequently direct the respondents to pay the amounts of Rs. 46,85,201/- (Rupees Forty Six Lakhs Eighty Five Thousand Two Flundred and One only) with interest @ 24percent per annum for the delayed amount till date of realization for the works executed by the petitioner 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 forthwith consider releasing the amounts Rs. 46,85,201/- (Rupees Forty Six Lakhs Eighty Five Thousand Two Flundred and One only) payable to the petitioner herein, pending disposal of the writ petition and pass Counsel for the Petitioner: 1. DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP 2. GP FOR FINANCE PLANNING The Court made the following: 3 Order:- "The learned Counsel for the Petitioner submits that the Petitioner was entrusted with the works of construction of CC drains and culverts under Package No.1, Agreement No.48/SE/JIO-II/2024-2025, dated 18.03.2025, in Division No.1 of Nellore Municipal Corporation, at the following locations: (1) at Ambedkar Nagar of N.V. Gardens; (2) at Maseed Center, 4th Mile, N.V. Gardens; (3) from EP No. DDN2/A6 to EP No. DDN2/A4 at Subhahan Nagar; (4) from EP No. DDN2/A1/4 to Masjid at Subhahan Nagar; (5) from EP No. DDN2/A2 to Shaik Sameena’s house at Subhahan Nagar; (6) from EP No. DDN2/A3 to EP No. DDN2/A3/6 at Subhahan Nagar; and (7) from EP No. SS- 5/A7 to the existing medium drain at 4th Mile Masjid Center. 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. The respondents have also recorded the progress of the works and the amounts due and payable to the petitioner 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 respondent Municipality, and the learned Assistant Government Pleader for Finance and Planning. 4 4. During the course of hearing, the learned Standing Counsel appearing for the respondent Municipality 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 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 25.06.2026 PRA Whether the order is: Speaking Reasoned ☑ Reportable Non-reportable ☑ 5 174 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 16663/2026 25.06.2026 PRA 6