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2026 DAILYLAW 6134 (AP)

SURYA INFRASTRUCTURES v. THE STATE OF ANDHRA PRADESH

WP/10548/2026 · 2026-07-19

Harinath N

body2026

Judgment text

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APHC010189822026 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: 10548/2026 Between: 1. SURYA INFRASTRUCTURES, REP.BY MANAGING PARTNER, YALLA SURYA CHAKRAVARTHY, S/O. YALLA VENKATA RAMAKRISHNA, AGE 36 YEARS, D.NO. 32-7-20, YALLA VARI VEEDHI, CINIMA ROAD, KAKINADA(URBAN), EAST GODAVARI 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 KAKINADA MUNICIPAL CORPORATION, REP.BY ITS COMMISSIONER,KAKINADA KAKINADA DISTRICT.533001 3. EXECUTIVE ENGINEER, KAKINADA MUNICIPAL CORPORATION KAKINADA DISTRICT.533001 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 2 particularly one in the nature of Writ of Manoamus declaring the action of the Respondents in withholding the payments of pending amounts of Rs. 21,20,708/- (Rupees Twenty One Lakhs, Twenty Thousand, Seven hundred and Eight only) even after finalizing the bills payable to the petitioner in relation to the works i.e I. Providing Kerb wall at East and South side and improving the walking track at Suresh Nagar in 3rd Division, Agreement No.29/EEJ/2022-2023, Dated.-29-4-2022,(Rs.4,50,000/-),ll. Providing Entrance Gate, Toilets, walking track and compound wall raising for Cyclone Shelter community hall at Peethala tank in 18th division. Agreement No. 06/SE/2022- 2023, Dated 13-04-2022, (Rs. 4,46,740/-).,III. Restoration of Petty repairs and providing manholes in 31 to 37th wards in Kakinada municipal corporation. Agreement 16/2024-2025, Dated 14-08-2024 (Rs.2,90,549/-).,IV. Widening and laying of C.C road for existing low levelling Kutcha road at 70-17-A- 28/11 to Connecting V.S.S.L main Road in 2nd division. Agreement No. 97/SE2022-2023,Dated 31.03.2023, (Rs. 4,05,001/- ),V. Laying of internal CC drain and CC road at China Veedhi in 34th Division., Agreement No. 176EE2/2022- 2023, Dated 22-07-2022, (Rs.5,28,458/-).for the year 2023 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. 21,20,708/- (Rupees Twenty One Lakhs, Twenty Thousand, Seven hundred and Eight only) with interest @ 24 percent 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 releasing the amounts Rs. 21,20,708/- (Rupees Twenty One Lakhs, Twenty Thousand, Seven hundred and Eight only) payable to him, pending disposal of the write petition and pass Counsel for the Petitioner: 1. DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S): 1. M Krishna Rao SC for skl vzm kkd Municipal Corporations 2. GP MUNCIPAL ADMN AND URBAN DEV AP 3. GP FOR FINANCE PLANNING 3 The Court made the following 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.21,20,708/- (Rupees Twenty-One Lakhs Twenty Thousand Seven Hundred and Eight only), even after finalisation of the bills payable to the petitioner in respect of the following works: (i) providing a kerb wall on the eastern and southern sides and improving the walking track at Suresh Nagar in the 3rd Division, under Agreement No.29/EEJ/2022-2023 dated 29.04.2022 (Rs.4,50,000/-); (ii) providing an entrance gate, toilets, walking track and raising the compound wall for the Cyclone Shelter Community Hall at Peethala Tank in the 18th Division, under Agreement No.06/SE/2022-2023 dated 13.04.2022 (Rs.4,46,740/-); (iii) restoration and petty repairs and providing manholes in Wards Nos.31 to 37 of Kakinada Municipal Corporation, under Agreement No.16/2024-2025 dated 14.08.2024 (Rs.2,90,549/-); (iv) widening and laying of a CC road over the existing low-level kutcha road from Door No.70-17-A-28/11 connecting to V.S.S.L. Main Road in the 2nd Division, under Agreement No.97/SE/2022-2023 dated 31.03.2023 (Rs.4,05,001/-); and (v) laying of an internal CC drain and CC road at China Veedhi in the 34th Division, under Agreement No.176/EE2/2022-2023 dated 22.07.2022 (Rs.5,28,458/-). 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 4 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 Slip of recommendation for payment of bills. 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 M Krishna Rao, 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. 5 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 ☑ 6 21 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 10548/2026 20.07.2026 RSD