APHC010188612026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY, THE 20th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 10201/2026 Between: 1. BHAGAVAN CONSTRUCTIONS PVT LTD, VIJAYAWADA JV WITH M/S. MARUTI CONSTRUCTIONS, VIJAYAWADA, REP. BY ITS DIRECTOR, J. KRISHNA CHAITANYA, S/O. RAMA RAO, AGED ABOUT 38 YEARS, OCC. CONTRACTOR, R/O. D. NO. 54-14/1-9/5, 4TH CROSS ROAD, BHARATHI NAGAR, VIJAYAWADA, KRISHNA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT 522 238 2. THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, VADDESWARAM, MANGALAGIRI, GUNTUR DISTRICT. 522 503 3. THE VIJAYAWADA MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, HEAD OFFICER, JAWAHARLAL NEHRU BUILDING, VIJAYAWADA, NTR DISTRICT, A.P. 520 001 4. THE CHIEF ENGINEER, VIJAYAWADA MUNICIPAL CORPORATION, HEAD OFFICER, JAWAHARLAL NEHRU BUILDING, VIJAYAWADA, NTR DISTRICT, A.P. 520 001 5. THE SUPERINTENDING ENGINEER, VIJAYAWADA MUNICIPAL CORPORATION, HEAD OFFICER, JAWAHARLAL NEHRU 2 BUILDING, VIJAYAWADA, NTR DISTRICT, A.P. 520 001 6. THE EXECUTIVE ENGINEER, VIJAYAWADA MUNICIPAL CORPORATION, PATAMATA, VIJAYAWADA, NTR DISTRICT, A.P. PINCODE 520 010 7. THE PAY AND ACCOUNT OFFICE, WORKS AND PROJECTS, RAMA MANDIRAM DISTRICT, ARUDALAPET, GOVERNPETA, VIJAYAWADA 522 002. 8. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 522 238 ...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 of mandamus declaring the action of the Respondents herein, in withholding the payment of CC 1st and Final bill Amount of Rupees in Gross Rs.2,33,82,239/- in Net amount of Rs.2,01,94,737/- even after finalizing the bills payable to the petitioner in relation to the work i.e., 'Providing End to End Shoulders with Paver blocks to High Tension Line Road from Curfency Nagar Main Road to Gurunanak Colony Main Road, (Both Sides) in Work Division - III area. (Rc.EES- 116437/2023) vide Agreement No.08/2025-26, Dt.30.10.2025' is questioned, as the same is illegal and arbitrary apart from violates of Articles 14, 16, 19 86 300-A of The Constitution of India and consequently direct the respondents to consider for payment of bills in CC 1st and Final bill Amount of Rupees in Gross Rs.2,33,82,239/- in Net amount of Rs.2,01,94,737/- with an interest @24percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work., forthwith 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 bills in CC 1st and Final bill Amount of Rupees in Gross Rs.2,33,82,239/- in Net amount of Rs.2,01,94,737/- with regard to the completion of work i.e., “Providing End to End Shoulders with Paver blocks to High Tension Line Road from Currency Nagar Main Road to Gurunanak Colony Main Road, (Both Sides) in Work Division - III area. (Rc.EE3- 116437/2023) vide Agreement No.08/2025-26, 3 Dt.30.10.2025” with an interest @ 24% per annum for the delayed amount to the petitioner, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. SURESH KUMAR REDDY KALAVA Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP 2. GP FOR FINANCE PLANNING 3. S.V.S.S.SIVARAM SC For VMC The Court made the following: 4 Order:- The writ petition is filed aggrieved by the declaring the action of the respondents in withholding the payment of the pending amount of Rs.49,14,514/- (Rupees Forty-Nine Lakhs Fourteen Thousand Five Hundred and Fourteen only), even after finalisation of the bills payable to the petitioner in respect of the following works: (i) engaging EX-200 vehicles at Allipuram Dumping Yard in Nellore Municipal Corporation for the month of February, 2025, under Agreement No.39/JTO-II/2024-25 dated 29.01.2025 (Rs.4,99,789/-); (ii) engaging hydraulic tippers for conveyance of municipal solid waste from the Nellore Rural Area, involving 160 MT of daily generated garbage, on a trip basis from Allipuram Transit Dump Yard to Donthali Dump Yard from 13.03.2025, under Agreement No.84A/JTO-II/2024-25 dated 28.02.2025 (Rs.5,00,000/-); (iii) engaging EX-110 vehicles on hire basis at Allipuram Dumping Yard for constant lifting of garbage and making heaps of garbage from 01.11.2025 to 25.11.2025 in Nellore Municipal Corporation, under Agreement No.432/EE/JTO-II/2025-26 dated 25.10.2025 (Rs.4,85,777/- ); (iv) engaging EX-110 vehicles on hire basis at Allipuram Dumping Yard for constant lifting of garbage and making heaps of garbage from 15.01.2026 to 08.02.2026 in Nellore Municipal Corporation, under Agreement No.574/EE/JTO-II/2025-26 dated 06.01.2026 (Rs.4,83,985/-); (v) engaging EX-200 vehicles at Donthali Dumping Yard in Nellore Municipal Corporation for the month of December, 2024, under Agreement No.05/JTO-II/2024-25 dated 27.11.2024 (Rs.4,99,712/-); (vi) engaging EX-200 vehicles for lifting 5 garbage at Allipuram and loading the same into hydraulic tippers from the month of November, 2024, in Nellore Municipal Corporation, under Agreement No.292/JTO-II/2024-25 dated 21.11.2024 (Rs.4,78,910/-); (vii) engaging EX- 200 vehicles at Donthali Dump Yard for municipal solid waste activities from 25.07.2024 to 10.08.2024 in Nellore Municipal Corporation, under Agreement No.44/JTO/2024-25 dated 01.08.2024 (Rs.4,99,282/-); (viii) engaging EX-110 vehicles on hire basis at Allipuram Dumping Yard for constant lifting of garbage and making heaps of garbage from 26.11.2025 to 20.12.2025 in Nellore Municipal Corporation, under Agreement No.478/EE/JTO-II/2025-26 dated 18.11.2025 (Rs.4,86,594/-); (ix) engaging EX-200 vehicles at Donthali Dump Yard for municipal solid waste activities from 10.08.2024 to 25.08.2024 in Nellore Municipal Corporation, under Agreement No.03/JTO/2024-25 dated 22.11.2024 (Rs.4,99,712/-); and (x) engaging EX-110 vehicles on hire basis at Allipuram Dumping Yard for constant lifting of garbage and making heaps of garbage from 21.12.2025 to 14.01.2026 in Nellore Municipal Corporation, under Agreement No.540/EE/JTO-II/2025-26 dated 20.12.2025 (Rs.4,80,753/-), towards the works executed by the petitioner. 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 and certified the quality of the works completed by the petitioner and 6 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 S.V.S.S. Siva Ram, 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 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 (6) 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 20.07.2026 RSD 7 Whether the order is: Speaking Reasoned ☑ Reportable Non-reportable ☑ 8 17 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 10201/2026 20.07.2026 RSD