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Date of reserved for orders : Date of pronouncement : 01.07.2026 Date of uploading
: 10.07.2026 APHC010013022026
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY, THE 1st DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 839/2026 Between:
1. CH KAMAKSHAIAH, S/O.VENKATAIAH, AGED 50 YEARS,25-3- 1113,14TH STREET, APP CANCER, HOSPITAL LAKE VIEW COLONY, NELLORE SPSR NELLORE DISTRICT. ...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPAL, ADMINISTRATION URBAN DEVELOPMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR.522237 2. 2. THE EXECUTIVE ENGINEER, MUNICIPAL CORPORATION, SPSR NELLORE DISTRICT. 524001 3. 3. THE NELLORE MUNICIPAL CORPORATION, REP.BY. COMMISSIONER, SPSR NELLORE DISTRICT.524001 4. 4. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF FINANCE
PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 522237
...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. 33,12,412/- (Thirty Three Lakhs, Twelve Thousand Four Hundred and Twelve Rupees only) even after finalizing the bills payable to the petitioner in relation to the works i.e. Construction of CC Drain Culverts a) from viswa residency apartment to D.No.24-6-919 to at nagar b) from D.No.24- 6-294 to extending cc drain at D,no.24-6-57 at Bhagavathipalem c) CC Roads & CC Drain from D.No.24-6-368/2 to D.No.24-6-360 near Dargamitta post office at Saraswathi Nagar d) Construction of CC road from D.No.24-2-610 to D.No.24-6-304 at Bhagavathi palem e) Up gradation of CC road and construction CC drain from D.No.24-6-854 to D.No.24-6-919 at Ram Nagar in Division No.37 of MCN (package 59) vide Agreement No.325/JTO-II/2024-25,Dt.12.03.2025 as bad, illegal, arbitrary, improper, unjust and against the Article 21 of constitution of
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india and consequently direct the respondents to pay the amounts of Rs.
33,12,412/- (Thirty Three Lakhs, Twelve Thousand Four Hundred and Twelve Rupees 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. 33,12,412/- (Thirty Three Lakhs, Twelve Thousand Four Hundred and Twelve Rupees only) payable to the petitioner herein, pending disposal of the writ petition and pass s 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:
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THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.839 OF 2026
ORDER :
The learned counsel for the petitioner submits that the petitioner was entrusted with the works i.e., Construction of CC Drain Culverts a) from viswa residency apartment to D.No.24-6-919 to at Ram Nagar b) from D.No.24-6- 294 to extending CC drain at D.No.24-6-57 at Bhagavathipalem c) CC Roads & CC Drain from D.No.24-6-368/2 to D.No.24-6-360 near Dargamitta post office at Saraswathi Nagar d) Construction of CC road from D.No.24-2-610 to D.No.24-6-304 at Bhagavathi palem e) Up gradation of CC road and construction CC drain from D.No.24-6-854 to D.No.24-6-919 at Ram Nagar in Division No.37 of MCN (package 59) vide Agreement No.325/JTO-II/2024- 25,dated 12.03.2025.
2. It is submitted that the petitioner had completed the work entrusted to him and that the competent authority of the respondents had also approved the payments due and payable to the petitioner. The respondents have also recorded the progress of the work 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 Corporation, and the learned Assistant Government Pleader for Finance and Planning.
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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 also 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 off directing the concerned respondent to verify and release the payments due and payable to the petitioner as expeditiously as possible, preferably within a period of eight (08) 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 Dated 01.07.2026 KGM
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211 THE HONOURABLE SRI JUSTICE HARINATH.N
WRIT PETITION No.839 OF 2026 Dated 01.07.2026
KGM