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2026 DAILYLAW 4232 (AP)

CH SUBBARAYADU v. THE STATE OF ANDHRA PRADESH

WP/10918/2026 · 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 APHC010206152026 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: 10918/2026 Between: 1. CH SUBBARAYADU, S/O. BALARAMA RAJU AGE 72 YEARS, OCC CONTRACTOR R/O D.NO.25-2-76, LAKEVIEW COLONY, 2ND STREET,PODALAKURU DARGAMITTA, NELLORE 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 DISTRICT COLLECTOR, SPSR NELLORE DISTRICT, NELLORE- 524001 4. THE NELLORE MUNCIPAL CORPORATION, NELLORE, NELLORE DISTRICT-524001 REP BY ITS COMMISSIONER 5. THE EXECUTIVE ENGINEER, MUNICIPAL COPORATION,NELLORE 2 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 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 Laying of CC Road (UP Gradation of CC Road) at 7th Street of New Military Colony in Division No.28 of NMC Under Gadapa Gadapaku Mana Prabhutvam under agreement No. 174/EE-lII/2023-24, Dated. 21.08.2023 for an amount of Rs. 5,64,006/- 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 (UP Gradation of CC Road) at 7th Street of New Military Colony in Division No.28 of NMC Under Gadapa Gadapaku Mana Prabhutvam under agreement No. 174/EE-III/2023-24, Dated. 21.08.2023 for an amount of Rs. 21.08.2023 for an amount of Rs. 5,64,006/- 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: 3 Order:- The learned Counsel for the petitioner submits that the petitioner was entrusted with the work of laying a CC Road (upgradation of CC Road) at 7th Street, New Military Colony, in Division No.28 of NMC under the scheme Gadapa Gadapaku Mana Prabhutvam. 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. 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 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 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 4 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 ☑ 5 171 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 10918/2026 25.06.2026 PRA