APHC010318142026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY, THE 21st DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 17058/2026 Between: 1. M/S. CAPART INDUSTRIES PRIVATE LIMITED,, REP. BY ITS DIRECTOR SRI AVULA HARI KUMAR, S/O LATE CHENGAPPA, AGED ABOUT 71 YEARS, OFFICE AT PLOT NO 17/B, PHASEL, I.D.A JEEDIMETIA, HYDERABAD ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT-522238. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT-522238. 3. THE NANDYAL MUNICIPALITY, REP. BY ITS COMMISSIONER, KURNOOL DISTRICT - 518501. 4. THE ASSISTANT ENGINEER, NANDYAL MUNICIPALITY, KURNOOL DISTRICT - 51850. 5. THE EXECUTIVE ENGINEER, NANDYAL MUNICIPALITY, KURNOOL DISTRICT - 51850. ...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 an appropriate writ. order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the respondent authorities in not measuring the additional work executed by the petitioner and not releasing an amount of Rs. 24,50,756/- to the petitioner for the execution of works, vide Agreement No. 113/2024-2025, dated. 29.10.2024 and Lr. Roc. No. 07/2024/El, dated. ,10.2024, issued by 3rd Respondent Authority, as arbitrary, illegal, contrary to Law and against the Principles of Natural Justice and against the Norms of the Public Policy and to issue consequential direction to the respondent authorities to measure the works done through oral agreement and release a total amount of Rs.24,50,756/- which is payable to the petitioner with an interest at 18percent per annum and to pass such 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 to direct the respondent authorities to measure the works executed by the petitioner firm through the oral agreement in continuation of the original Agreement No. 113/2024-2025, dated. 29.10.2024 & Lr. Roc. No. 07/2024/El, dated.. ,10.2024, issued by 3rd Respondent Authority, respectively, pending disposal of the above writ petition and to pass such Counsel for the Petitioner: 1. VENKAT SAILENDRA G Counsel for the Respondent(S): 1. Gudapati Lakshminarayana SC For Municipalities in Rayalaseema Region 2. GP MUNCIPAL ADMN AND URBAN DEV AP 3. 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 work for “Supply, Delivery of 250W LED Flood Light Luminaries, 60W and 20W Street Light Fittings of maintenance of street lighting in the town, vide Agreement No.113/2024-2025, dated 29.10.2024. 2. It is submitted that the petitioner had completed the work entrusted to him and that the competent authority of the respondents had also approved the payments due and payable to the petitioner. The respondents have also recorded the progress of the work and the amounts due and payable to the petitioner in the M-Book. 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 G.Lakshmi Narayana, learned Standing Counsel for the respondent Corporation, and the learned Assistant Government Pleader for Finance and Planning. 4. Learned Standing Counsel appearing for the 3rd respondent Corporation is filed a counter affidavit stating that out of five components which were required to be supplied by the petitioner under the contract, the materials relating to 3 components inspected and verified. They are also certified by the third party quality control. As such, the 3rd respondent has admitted that the 4 bills relating to the certified quantities are processed for payment and that an amount of Rs.19,04,079/- was processed for payment and after statutory deductions an amount of Rs.16,38,639/- shall be paid. Time is sought for clearing the admitted amounts. 5. In reply, the learned counsel for the petitioner submits that two of the components namely 25mm Nominal Bore G.I Pipe (Medium Grade) and Street Light Pole Clamp of size 6" x 14" inches were not supplied in conformity with the specifications and that they were not certified by the third party quality control team. It is submitted that, these components are still lying with the 3rd respondent and they ought to be returned. 6. Recording the submissions, this writ petition is disposed of, directing the respondents to verify and release the admitted amounts within a period of six (06) weeks from the date of receipt of a copy of this order. It is also directed that respondent Nos.3 to 5 to verify the claim of the petitioner, insofar as the components which were supplied but not used for execution of the work to be returned subject to availability. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ____________________ JUSTICE HARINATH.N Dt: 21.07.2026 SR