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2026 DAILYLAW 5102 (AP)

UPPU VENKATA SWAMY v. THE STATE OF ANDHRA PRADESH

WP/17808/2026 · 2026-07-05

Harinath N

body2026

Judgment text

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Date of reserved for orders : Date of pronouncement : 06.07.2026 Date of uploading : APHC010334102026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY, THE 6th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 17808/2026 Between: 1. UPPU VENKATA SWAMY, S/O UPPU ANKAIAH, AGED 70 YEARS, CHAIR PERSON, 15TH WARD COMMITTEE, KAVALI, NELLORE DISTRICT. R/O MUSUNUR VILLAGE, KAVALI MANDAL, NELLORE DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 522238 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS VELAGAPUDI, AMARAVATHI.-522238 3. THE KAVALI MUNICIPAL CORPORATION, REP BY ITS COMMISSIONER, KAVALI NELLORE DISTRICT.-524201 4. THE CHIEF EXECUTIVE ENGINEER, REP BY ITS DEPUTY EXECUTIVE ENGINEER, KAVALI, NELLORE DISTRICT. -524201 ...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 2 pleased to issue a Writ of MANDAMAS, or the appropriate Writ, order or direction. The Hon'ble 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 respondent authorities in withholding the admitted amount even after finalizing the bills, payable to the petitioner in relation to the works i.e. Transportation of water through tankers for plants in all wards of Kavali Municipality under General funds for the FY 2018-2019 for a total Net amount of Rs. 10,47,320/- (Ten Lakhs Forty-Seven Thousand Three Hundred Twenty Rupees) as the same is illegal, arbitrary and violation of principles of natural justice and violation of Article 14, 19 and 21 of the Constitution of India consequently direct the respondents to release of admitted amount Rs. 10,47,320/- (Ten Lakhs Forty-Seven Thousand Three Hundred Twenty Rupees) with interests to the petitioner and other reliefs 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 consider for payment of Final Bill amount of Rs. 10,47,320/- (Ten Lakhs Forty-Seven Thousand Three Hundred Twenty Rupees) with an interest for the period of Seven years delay of the payments I request the Hon’ble Court kindly perceive the matter and allow as per the orders of the Hon’ble Court on forthwith, pending disposal of the main writ petition pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. SIVA KUMARI SURINENI Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 3 Order:- The learned counsel for the petitioner submits that the petitioner was entrusted with the works i.e., Transporation of water through tankers for plants in all wards of Kavali Municipality vide Agreement Nos. 24/2018-19 dt.16.05.2019, 34/2018-19 dt.18.05.2019, 66/2018-19 dt.28.05.2019, 67/2018- 19 dt.28.05.2019, 68/2018-19 dt.28.05.2019, 69/2018-19 dt.28.05.2019. 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. 3. Heard the submissions of the learned counsel for the petitioner, the learned Government Pleader for Municipal Administration and Urban Development Department, Sri G.Lakshmi Narayana, learned Standing Counsel for the respondent No.3, and the learned Assistant Government Pleader for Finance and Planning. 4. During the course of hearing, the learned Standing Counsel appearing for the respondent No.3 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. 4 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 06.07.2026 CMK Whether the order is: Speaking Reasoned ☑ Reportable Non-reportable ☑ 5 176 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 17808/2026 06.07.2026 CMK