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2026 DAILYLAW 7043 (AP)

Nulaka Venkatesh v. The State of Andhra Pradesh

WP/19328/2026 · 2026-07-22

Harinath N

body2026

Judgment text

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APHC010328702026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY, THE 23rd DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 19328/2026 Between: 1. NULAKA VENKATESH, S/O. RAMUDU, AGED 52 YEARS, RIO. D. NO. 12-1-774, ASHOK NAGAR, ANANTHAPURAMU, ANANTHAPURAM DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY MUNICIPAL AND URBAN DEVELOPMENT AUTHORITY SECRETARIAT BUILDINGS AT VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH-522237. 2. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FINANCE AND PLANNING SECRETARIAT BUILDINGS AT VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH-522237. 3. THE ANANTHAPURAMU MUNICIPAL CORPORATION, ANANTHAPURAM DISTRICT, ANDHRA PRADESH. REPRESENTED BY ITS COMMISSIONER-515001. 4. THE EXECUTIVE ENGINEER, ANANTHAPURAMU MUNICIPAL CORPORATION, ANANTHAPURAM DISTRICT, ANDHRA PRADESH- 515001. ...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 2 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 works executed by them under Construction of CC Road and Drain from 4-976 to 4-928 (5th Road and 4th Cross) CC patches froom 4-1-27 to 4-1-19 , CC Drain at 4-983,from 4-1-68 to 4-1-73, froom 4-760 to 4-771 in 43 Division 62 Secretariat, vide Agreement No. 191/GGMP/EE-11//2023-2024, dated 28.02.2024 and M.Book No. 247/2023 2024 as per the M.Book the value of the work executed is Rs.4,61,015/- 2.) Upgradation of CC Road from D.NO.23-107 to 26-53 in Prabhakar Street (Mutton Market Road) of ES-18 in 11th Division, Ananthapuramu Municipal Corporation vide Agreement No 194/GF /EE-I/ 2025-2026, dated 18.12.2025 and M.Book No. 24/2024-2025 as per the M.Book the value of the work executed is Rs. 10,50,446 /- 3.) Removal of damaged stage and Construction of new stage in Rjeev Children Park in housing board colony of 44 Sachivalayam at Ananthapuramu Municipal Corporation vide Agreement No 62/2022-2023, dated 07.05.2022 and M.Book No. 170/2019-2020 as per the M.Book the value of the work executed is Rs. 1,43,910/- 4.) Construction of 750mm CC Drain from Door No 9-10 to 9-13 near Ammavarisala in Gulzarpet of WS 26 under Division 18 and CC Road from D.NO 10-296 to 10-311 and from 9-357 to 9-120 in Gulzarpet of 18th Division, Ananthapuramu Municipal Corporation vide Agreement No 20/GF/SE/2025-2026, dated 17.12.2025 and M.Book No. 599/2016-2017 and as per the Agreement value of the work is Rs. 38,63,626/- 5.) Construction of CC Road from D.NO 18-126 to 18-131, Rajaji Street, Ward Secretariat-20, 12th Division of Ananthapuramu Municipal Corporation vide Agreement No 161/GF/EE-(/2025-2026 (MAU/2025/326350), dated 27.10.2025 and EOA No. 3652 dated 7.03.2026 as per the EOA No 3652 the value of the work executed is Rs.76,607/- and then totally an Amount of Rs.55,95,604/- which is 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 spayable to the petitioner 1.) Construction of CC Road and Drain from 4-976 to 4-928 (5th Road and 4th Cross) CC patches froom 4-1-27 to 4-1-19, CC Drain at 4-983, from 4-1-68 to 4-1-73, from 4-760 to 4-771 in 43 Division 62 3 Secretariat, vide Agreement No. 191/GGMP/EE-11//2023-2024, dated 28.02.2024 and M.Book No. 247/2023-2024 as per the M.Book the value of the work executed is Rs.4,61,015/- 2.) Upgradation of CC Road from D.NO.23-107 to 26-53 in Prabhakar Street (Mutton Market Road) of ES-18 in 11th Division, Ananthapuramu Municipal Corporation vide Agreement No: 194/GF /EE-I/ 2025-2026, dated 18.12.2025 and M.Book No. 24/2024-2025 as per the M.Book the value of the work executed is Rs. 10,50,446 /- 3.) Removal of damaged stage and Construction of new stage in Rjeev Children Park in housing board colony of 44 Sachivalayam at Ananthapuramu Municipal 2 9 JUN 1026 ) Corporation vide Agreement No: 62/ 2022-2023, dated 07.05.2022 and M.Book No. 170/2019-2020 as per the M.Book the value of the work executed is Rs. 1,43,910/- 4.) Construction of 750mm CC Drain from Door No: 9-10 to 9-13 near Ammavarisala in Gulzarpet of WS 26 under Division 18 and CC Road from D.NO: 10-296 to 10-311 and from 9-357 to 9-120 in Gulzarpet of 18th Division, Ananthapuramu Municipal Corporation vide Agreement No: 20/GF/SE/2025-2026, dated 17.12.2025 and M.Book No. 599/2016-2017 and as per the Agreement value of the work is Rs. 38,63,626/ 5.) Construction of CC Road from D.NO: 18-126 to 18 131, Rajaji Street, Ward Secretariat-20, 12th Division of Ananthapuramu Municipal Corporation vide Agreement No 161/GF/EE-(/2025-2026 (MAU/2025/3?_6350), dated 27.10.2025 and EOA No. 3652 dated 7.03.2026 as per the EOA No: 3652 the value of the work executed is Rs.76,607/- and then totally an Amount of Rs.55,95,604/- which is due to the petitioner at Ananthapuramu Municipal Corporation, immediately, pending disposal of the main writ petition and pass Counsel for the Petitioner: 1. V SAI KUMAR Counsel for the Respondent(S): 1. POTHAM VENGALA REDDY SC For M.Corporation in Rayalaseema region In 2. GP MUNCIPAL ADMN AND URBAN DEV AP 3. GP FOR FINANCE PLANNING The Court made the following: 4 Order:- The learned counsel for the petitioner submits that the petitioner was entrusted with the works i.e., (1) Construction of CC Road and Drain from 4- 976 to 4-928 (5th Road and 4th Cross) CC patches from 4-1-27 to 4-1-19, CC Drain at 4-983, from 4-1-68 to 4-1-73, from 4-760 to 4-771 in 43 Division 62 Secretariat, vide Agreement No.191/CGMP/EE-II/2023-2024, dated 28.02.2024. (2) Upgradation of CC Road from D.No.23-107 to 26-53 in Prabhkar Street (Muttor Market Road) of ES-18 in 11th Division, Ananthapuramu Municipal Corporation, vide Agreement No.194/GF/EE- I/2025-2026, dated 18.12.2025. (3) Removal of damaged stage and construction of new stage in Rajeev Children Park in housing board colony of 44 Sachivalayam at Ananthapuramu Municipal Corporation vide Agreement No.62/2022-2023, dated 07.05.2022. (4) Construction of 750 mm CC Drain from D.No.9-10 to 9-13 near Ammavarisala in Gulzarpet of WS 26 under Division 18 and CC road from D.No.10-296 to 10-311 and from 9-357 to 9-120 in Gulzarpet of 18th Division, Ananthapuramu Municipal Corporation, vide Agreement No.20/GF/SE/2025-26, dated 17.12.2025. (5) Construction of CC Road from D.No.18-126 to 18-131, Rajaji Street, Ward Secretariat-20, 12th Division of Ananthapuramu Municipal Corporation, vide Agreement No.161/GF/EE-I/2025-2026 (MAU/2025/326350), dated 27.10.2025. 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 5 recorded the progress of the works and the amounts due and payable to the petitioner in the M-Book. 3. Heard the submissions of the learned counsel for the petitioner, the learned Government Pleader for Municipal Administration and Urban Development Department, Sri P.Vengal Reddy, learned Standing Counsel for the respondent Corporation, and the learned Assistant Government Pleader for Finance and Planning. 4. During the course of hearing, the learned Standing Counsel appearing for the respondent Corporation 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 (06) 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 23.07.2026 CMK 6 140 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 19328/2026 23.07.2026 CMK