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2026 DAILYLAW 7095 (AP)

M/S RUDRA INFRA v. The State of Andhra Pradesh

WP/19237/2026 · 2026-07-21

Harinath N

body2026

Judgment text

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APHC010328712026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY, THE 22nd DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 19237/2026 Between: 1. M/S RUDRA INFRA, REPRESENTED BY ITS MANAGING PARTNER SRI BOYAPATI SIVARAM, S/O. NARAYANASWAMY , AGED 33 YEARS, R/O. D.NO 6/2/952, OPPSHINE HOSPITAL, VENKATESWARA TEMPLE ROAD, RAM 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): 2 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 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 works executed by them under 1.) Construction of 450mm CC Drain from D.No 6-5-980 to existing drain, substation backside, at 52nd Ward Secretariat, 35th Division in Ananthapuramu Municipal Corporation vide Agreement No. 82/GF/EE- II/2025-2026 , dated 18.09.2025 and M.Book No. 61/2025-2026 as per the M.Book the value of the work executed is Rs.85,543/- 2.) Construction of CC Drain from beside Nithin Sai Constructions Office to existing drain at 80ft road extension, Sri Nagar Colony at 52nd Ward Secretariat, 35th Division,in Ananthapuramu Municipal Corporation vide Agreement No 83/GF /EE-II/ 202- 2026, dated 18.09.2025 and M.Book No. 60/2025-2026 as per the M.Book the value of the work executed is Rs.85,543/- 3.) Construction of 450mm CC Drain from D.No 6-5-982-1 (Opp) to D.No6-5-980-24 Substation backside at 52nd Ward Secretariat, 35th Division in Ananthapuramu Municipal Corporation vide Agreement No 81/GF /EE-II/ 2025-2026, dated 18.09.2025 and M.Book No. 63/2025-2026 as per the M.Book the value of the work executed is Rs. 85,543/- 4.) Providing Central Lighting with Octoganal Poles for Balance work from Substation road to Nithin Sai Constructions Office in Sri Nagar Extension in 35th Division in Ananthapuramu Municipal Corporation vide Agreement No 71/GF/EE-I/2025-2026, dated 04.07.2025 and M.Book No. 187/2025-2026 as per the M.Book the value of the work executed is Rs.3,82,998/- 5. Providing Galvanized Barbed wire fencing to open spaces in Central Park Area in Venugopal Nagar near Bus stand road 3rd Division (Block 1 and Block 2 of Central Park Area) in Ananthapuramu Municipal Corporation vide Agreement No 34/GF/EE-I/2025-2026, dated 19.05.2025 and M.Book No. 93/2025-2026 as per the M.Book the value of the work executed is Rs.6,19,514/- 6.) Construction of 1000mm RCC Drain from opp EP.No.SM/12 to Neeru Pragathi Park at 80 feet Road Extension of Ward Secretariat 52 in 35th Division of Ananthapuramu Municipal Corporation vide Agreement No 221/GF/EE-I/2024-2025, dated 20.03.2025 and M.Book No. 15/2025-2026 as per the M.Book the value of the work executed is Rs.28,04,514/- and then totally an amount of Rs.40,63,655/- 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 such 3 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 consider the payment of amount payable to the petitioner 1.) Construction of 450mm CC Drain from D.No: 6-5- 980 to existing drain, substation backside, at 52nd Ward Secretariat, 35th Division in Ananthapuramu Municipal Corporation vide Agreement No. 82/GF/EE-II/2025-2026, dated 18.09.2025 and M.Book No. 61/2025-2026 as per the M.Book the value of the work executed is Rs.85,543/- 2.) Construction of CC Drain from beside Nithin Sai Constructions Office to existing drain at 80ft road extension, Sri Nagar Colony at 52nd Ward Secretariat, 35th Division,in Ananthapuramu Municipal Corporation vide Agreement No; 83/GF /EE-II/ 202-2026, dated 18.09.2025 and M.Book No. 60/2025-2026 as per the M.Book the value of the work executed is Rs.85,543/- 3.) Construction of 450mm CC Drain from D.No: 6-5-982-1 (Opp) to D.No: 6-5-980-24 Substation backside at 52nd Ward Secretariat, 35th Division in Ananthapuramu Municipal Corporation vide Agreement No: 81/GF /EE-II/ 2025-2026, dated 18.09.2025 and M.Book No. 63/2025-2026 as perthe M.Book the value of the work executed is Rs. 85,543/- 4.) Providing Central Lighting with Octoganal Poles for Balance work from Substation road to Nithin Sai Constructions Office in Sri Nagar Extension in 35th Division in Ananthapuramu Municipal Corporation vide Agreement No: 71/GF/EE-I/2025-2026, dated 04.07.2025 and M.Book No. 187/2025-2026 as perthe M.Book the value of the work executed is Rs.3,82,998/- 5.) Providing Galvanized Barbed wire fencing to open spaces in Central Park Area in Venugopal Nagar near Bus stand road 3rd Division (Block 1 and Block 2 of Central Park Area) in Ananthapuramu Municipal Corporation vide Agreement No: 34/GF/EE-I/2025-2026, dated 19.05.2025 and M.Book No. 93/2025-2026 as per the M.Book the value of the work executed is Rs.6,19,514/- 6.) Construction of 1000mm RCC Drain from opp EP.No.SM/12 to Neeru Pragathi Park at 80 feet Road Extension of Ward Secretariat 52 in 35th Division of Ananthapuramu Municipal Corporation vide Agreement No: 221/GF/EE-I/2024-2025, dated 20.03.2025 and M.Book No. 15/2025-2026 as per the M.Book the value of the work executed is Rs.28,04,514/- and then totally an amount of Rs.40,63,655/- which is due to the petitioner, immediately, pending disposal of the main writ petition and pass such. 4 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: 5 ORDER:- The learned counsel for the petitioner submits that the petitioner was entrusted with the execution of the works i.e., 1) Construction of 450mm CC Drain from D.No 6-5-980 to existing drain, substation backside, at 52nd Ward Secretariat, 35th Division in Ananthapuramu Municipal Corporation, vide Agreement No. 82/GF/EE-II/2025-2026, dated 18.09.2025, 2) Construction of CC Drain from beside Nithin Sai Constructions Office to existing drain at 80ft road extension, Sri Nagar Colony at 52nd Ward Secretariat, 35th Division in Ananthapuramu Municipal Corporation, vide Agreement No.83/GF/EE- II/2025-2026, dated 18.09.2025, 3) Construction of 450mm CC Drain from D.No 6-5-982-1 (Opp) to D.No6-5-980-24 Substation backside at 52nd Ward Secretariat, 35th Division in Ananthapuramu Municipal Corporation, vide Agreement No 81/GF/EE-II/2025-2026, dated 18.09.2025, 4) Providing Central Lighting with Octoganal Poles for Balance work from Substation road to Nithin Sai Constructions Office in Sri Nagar Extension in 35th Division in Ananthapuramu Municipal Corporation, vide Agreement No.71/GF/EE-I/2025- 2026, dated 04.07.2025, 5) Providing Galvanized Barbed wire fencing to open spaces in Central Park Area in Venugopal Nagar near Bus stand road 3rd Division (Block 1 and Block 2 of Central Park Area) in Ananthapuramu Municipal Corporation, vide Agreement No.34/GF/EE-I/2025-2026, dated 19.05.2025 and 6) Construction of 1000mm RCC Drain from opp EP.No.SM/12 to Neeru Pragathi Park at 80 feet Road Extension of Ward 6 Secretariat 52 in 35th Division of Ananthapuramu Municipal Corporation, vide Agreement No 221/GF/EE-I/2024-2025, dated 20.03.2025. 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 payments 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. 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 P. Vengala Reddy, learned Standing Counsel for the respondent Corporation, and the learned Assistant Government Pleader for Finance and Planning. 4. Today, when the matter is taken up for hearing, the learned Standing Counsel appearing for respondent Nos.3 and 4 submits that the petitioner was awarded works based on the misrepresentation. It is submitted that the petitioner had submitted a fake registration certificate and that the respondent authorities are in the process of blacklisting the petitioner. 5. Insofar as the action of the respondents against the petitioner for submitting of a fake registration certificate is concerned, it is completely left open to the respondents. The issue of non-payment of the bills for the works completed is concerned, the respondent authorities have endorsed in the M- 7 Books, the completion of works and amounts due payable. On these considerations, the respondents shall have to verify and release the payments due payable in respect of the works executed and completed in all respects. 6. 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. 7. Recording the submissions, this writ petition is disposed of, directing the respondents to verify and release the payments due and payable to the petitioner as expeditiously as possible, preferably within a period of eight (08) weeks from the date of receipt of a copy of this order. This order would not preclude the respondent authorities from taking appropriate action against the petitioner for alleged misrepresentation for submission of a fake registration certificate in accordance with the terms and conditions of the contract. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ____________________ JUSTICE HARINATH.N Dt: 22.07.2026 SR