Extracted from the PDF above. The PDF is authoritative.
APHC010348942026
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: 18899/2026 Between:
1. SRI.K. SRIKANTH,, S/O.SRINIVASULU, AGED 34 YEARS,26-12- 1602,SNEHA NAGAR, B.V.NAGAR, 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 BUILDING VELAGAPUDI,AMARAVATHI, GUNTUR.522238
2. THE EXECUTIVE ENGINEER, NELLORE MUNICIPAL CORPORATION, NELLORE SPSR NELLORE DISTRICT.524001
3. THE NELLORE MUNICIPAL CORPORATION, REP.BY. COMMISSIONER,NELLORE, 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. ...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
2
Rs.49,14,514 /- (Rupees Forty Nine Lakhs Fourteen Thousand Five hundred and Fourteen Rupees only) even after finalizing the bills payable to the petitioner in relation to the works i.e I. Engaging of EX-200 Vehicles at Allipuram Dumping Yard for in Nellore Municipal Corporation for the Month of February 2025 of Agreement No. 39/JTO-II/2024-25 dated 29.01.2025 (Rs. 4,99,789/-) ii. Engaging of Hydraulic Tippers for Conveyance of Municipal Solid Waste from Nellore Rural Area Capacity of 160 MT Dialy Generated Garbage on trips Basis from Allipuram Transit Dump Yard to Donthali Dump Yard from 13th March in Nellore Municipal Corporation of Agreement No. 84A/JTO-11/2024-25 dated 28.2.2025 (Rs. 5,00,000/-) Hi. Engaging of EX- 110 Vehicles on Hire Basis for 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 of Agreement No. 432/EE/JTO-II/2025-26 dated 25.10.2025 (Rs. 4,85,777/-) iv. Engaging of EX-110 Vehicles on Hire Basis for 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 of Agreement No. 574/EE/JTO-II/2025-26 dated 6.01.2026 (Rs. 4,83,985/-) v. Engaging of EX-200 Vehicles at Dantholi Dumping Yard for in Neilore Municipal Corporation for the Month of December 2024 of Agreement No. 05/JTO-II/2024-25 dated 27.11.2024 (Rs. 4,99,712/-) vi.
Engaging of EX-200 for lifting the Garbage at Allipuram and Loading it to vehicles (Hydraulic Tippers) From the Month of November 2024 in Nellore Municipal Corporation of Agreement No. 292/JTO-II/2024-25 dated 21.11.2024 (Rs. 4,78,910/-) vii. . Engaging of EX-200 at Donthali Dump Yard for Municipal Solid Waste activities from 25.07.2024 to 10.08.2024 in Nellore Municipal Corporation of Agreement No. 44/JT0/2024-25 dated 01.08.2024 (Rs. 4,99,282/-) viii. Engaging of EX-110 Vehicles on Hire Basis for 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 of Agreement No. 478/EE/JTO-II/2025-26 dated 18.11.2025 (Rs. 4,86,594/-) ix Engaging of EX-200 at Donthali Dump Yard for Municipal Solid Waste activities from 10.08.2024 to 25.08.2024 in Nellore Municipal Corporation of Agreement No. 03/JTO/2024-25 dated 22.11.2024 (Rs. 4,99,712/-) X. Engaging of EX-110 Vehicles on Hire Basis for 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 of Agreement No. 540/EE/JTO-II/2025-26 dated 20.12.2025 (Rs. 4,80,753/-), 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.49,14,514 /- (Rupees Forty Nine Lakhs Fourteen Thousand Five hundred and Fourteen
3
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 may be pleased to direct the respondents to forthwith consider releasing the amounts Rs.49,14,514 /- (Rupees Forty Nine Lakhs Fourteen Thousand Five hundred and Fourteen Rupees only) payable to the petitioner herein, pending disposal of the writ petition and pass such 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:
4
Order:- The writ petition is filed aggrieved by 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 garbage at Allipuram 5 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/- ), as illegal, arbitrary, improper, unjust and violative of Article 21 of the Constitution of India and, consequently, directing the respondents to pay the amount of Rs.49,14,514/- (Rupees Forty-Nine Lakhs Fourteen
Thousand Five Hundred and Fourteen only), together with interest at the rate of 24% per annum on the delayed amount until the date of realisation, towards the works executed by the petitioner. 6
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 Work Completion 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 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
7
within a period of eight (8) 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
Whether the order is: Speaking
Reasoned ☑ Reportable
Non-reportable ☑
8
8 THE HONOURABLE SRI JUSTICE HARINATH.N
WRIT PETITION NO: 18899/2026
20.07.2026 RSD