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2026 DAILYLAW 6665 (AP)

Y RAMESH BABU v. THE STATE OF ANDHRA PRADESH

WP/20618/2026 · 2026-07-27

Harinath N

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010380512026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY, THE 28th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 20618/2026 Between: 1. Y RAMESH BABU, S/O. VENKAIAH, AGED 50 YEARS, R/O. 10-10- 24/1, ZENDA CHETTU BAZAR, CHENCHUPET, TENALI, GUNTUR DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH-522237. 2. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH-522237. 3. THE VIJAYAWADA MUNICIPAL CORPORATION VMC, REPRESENTED BY ITS COMMISSIONER, NTR DISTRICT, ANDHRA PRADESH-520001. 4. THE SUPERINTENDING ENGINEER, VIJAYAWADA MUNICIPAL CORPORATION (VMC), NTR DISTRICT, ANDHRA PRADESH- 520001. 5. THE EXECUTIVE ENGINEER, PROJECT DIVISION-ILL, VIJAYAWADA MUNICIPAL CORPORATION (VMC), NTR DISTRICT, ANDHRA PRADESH-520001. 2 ...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 or order or a direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents, in withholding the amounts due to me even after finalizing the bills, payable to me in relation to the work executed by them under General Funds i.e, Supply and spreading of Red Earth for plantation in various parks in Circle-3 area vide Agreement No.408/2025-2026 dated 17.12.2025 as per M. Book Value of Rs 12,39,614/- (Twelve Lakhs Thirty Nine Thousand Six Hundred and Fourteen Rupees) which due to the petitioner as illegal, arbitrary, unjust, unreasonable and unconstitutional and consequently direct the respondents to consider the payment of amount due to the petitioner in respect of execution of works forthwith and to 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 the payment of amount payable to the petitioner executed by then under General Funds i.e.. Supply and spreading of Red Earth for plantation in various parks in Circle-3 area vide Agreement No.408/2025-2026 dated 17.12.2025 as perM. Book Value of Rs.12,39,614/- (Twelve Lakhs Thirty Nine Thousand Six Hundred and Fourteen Rupees) immediately, pending disposal of the main writ petition and pass Counsel for the Petitioner: 1. MOHAMMAD IRFAN Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV 2. GP FOR FINANCE PLANNING The Court made the following: 3 Order:- The learned counsel for the petitioner submits that the petitioner was entrusted with the execution of the works. The grievance of the petitioner is with regard to the action of the respondents in withholding the amounts due to the petitioner even after finalization of the bills payable to the petitioner in relation to the work executed under General Funds, namely, Supply and Spreading of Red Earth for Plantation in Various Parks in Circle-3 Area vide Agreement No. 408/2025-2026 dated 17.12.2025, as per M. Book Value of Rs.12,39,614/- (Rupees Twelve Lakhs Thirty-Nine Thousand Six Hundred and Fourteen only). 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 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, learned Standing Counsel for the respondent Municipality, and the learned Assistant Government Pleader for Finance and Planning. 4 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 28.07.2026 RSD 5 1 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 20618/2026 28.07.2026 RSD