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2026 DAILYLAW 7248 (AP)

M/s. KMR Constructions v. The State of Andhra Pradesh

WP/21272/2026 · 2026-08-13

K Sreenivasa Reddy

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010392452026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] FRIDAY, THE 14th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 21272/2026 Between: 1. M/S. KMR CONSTRUCTIONS, REP BY ITS MANAGING PARTNER, K.MADHUSUDHANA REDDY, S/O. MALA KONDA REDDY, AGED ABOUT 52 YEARS, RIO. D. NO.27-2-353, PULIMI STREET, BALAJI NAGAR NELLORE-2, NELLORE DISTRICT. ...PETITIONER A N D 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHYAT RAJ DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT-522238. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT-522238. 3. THE DISTRICT COLLECTOR, NELLORE DISTRICT-524001. 4. THE SUPERINTENDING ENGINEER, RWS AND S CIRCLE, NELLORE-524003. 5. THE ENGINEER IN CHIEF RWS AND S, RWS AND SANITATION DEPARTMENT, GOLLAPUDI, VIJAYAWADA- 521-225. 6. THE EXECUTIVE ENGINEER, RWS AND S DIVISION, NELLORE-524003. ...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 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 releasing an amount of SRK, J W.P.No.21272 of 2026 2 Rs.7,91,317/- to the petitioner for the execution of works, Vide Agreement No. T.O182712023-24, dated 23-12-2023, respectively 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 directing the respondent authorities to release the amounts payable to the petitioner with an interest at 18 percent per annum 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 release an amount of Rs. 7,91,317/- to the petitioner for the execution of work, Vide Agreement No. 1.0/827/2023-24, dated 23- 12-2023, respectively, pending disposal of the above writ petition Counsel for the Petitioner: 1. VENKAT SAILENDRA G Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR FINANCE PLANNING The Court made the following: SRK, J W.P.No.21272 of 2026 3 O R D E R Heard learned counsel for the petitioner, learned Assistant Government Pleader for the Panchayat Raj and Rural Development and the learned Assistant Government Pleader for Finance and Planning. 2. This Writ Petition is filed seeking the following relief: “….to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in not releasing the amount of Rs.7,91,317/- to the petitioner for execution of works vide Agreement No.T.O/827/2023-24, dated 23.12.2023, as arbitrary and illegal, and consequently, direct the respondents to release the amounts payable to the petitioner with interest at 18% per annum and pass such other order or orders …” 3. The petitioner firm claims to undertake civil contract works. The respondent No.6 issued the work of providing FHTCs by utilizing the existing infrastructure and retrofitting in Kattakindapalem of Anemadugu GP of Kavali Mandal of SPSR Nellore District to the petitioner firm; that the petitioner entered into agreement with the respondent No.6 vide Agreement No.T.O/Nil/2023-24, dated 23.12.2023 for an amount of Rs.7,91,317/-. Accordingly, the petitioner executed the work within the stipulated time. The respondent SRK, J W.P.No.21272 of 2026 4 authorities inspected the work and recorded the same in the Measurements Book. (b) It is the grievance of the petitioner that though the petitioner firm executed the entire work within time, an amount of Rs.7,91,317/- was kept pending by the respondent authorities. Even though the petitioner approached the respondent authorities on multiple occasions, requesting for payment of aforesaid pending bill amount, they are not paying the said amount. According to petitioner, having executed the works satisfactorily, within the prescribed time, non-payment of the bill amount was arbitrary and unjustified. It was further contended that the delay in payment is causing severe financial hardship, necessitating the filing of the present Writ Petition seeking appropriate directions for release of the outstanding amount. 4. A perusal of the material on record goes to show that there is no dispute with regard to the fact that the respondent authorities assigned the contract work, as mentioned supra, to the petitioner. Grievance of the petitioner is that though the petitioner firm executed the said contract work within the stipulated time to the satisfaction of the respondent authorities, the respondent authorities are not releasing the payment covered under the bill that was SRK, J W.P.No.21272 of 2026 5 submitted by the petitioner for the amount spent by it for executing the work. 5. Having regard to the fact that in spite of granting number of adjournments, the respondent authorities neither secured written instructions nor filed counter-affidavits, the respondent authorities are directed to verify and pay the admitted amount for the work executed by the petitioner within a period of Six (06) weeks from the date of receipt of the order. It is made clear that the petitioner shall execute an indemnity bond to the effect that in case, if it is found that the petitioner has not executed the work, it would repay the amount so paid. 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs of the Writ Petition. As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition, shall stand closed. JUSTICE K. SREENIVASA REDDY 14th August, 2026. DNB Whether the Order is: Speaking ✓ Reasoned Reportable Non-reportable ✓