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2026 DAILYLAW 7733 (AP)

Yendluri Pullaiah v. The State of Andhra Pradesh

WP/22449/2026 · 2026-08-09

Harinath N

body2026

Judgment text

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APHC010412362026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY, THE 10th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 22449/2026 Between: 1. YENDLURI PULLAIAH, S/O Y. MACHARLAIAH, AGED ABOUT 66 YEARS, OCC CONTRACTOR, D.NO.40-5-19/3, KADAMBARI APARTMENTS, TIKKLE ROAD, VIJAYAWADA, KRISHNA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. (522238) 2. THE VIJAYAWADA MUNICIPAL CORPORATION, REP., BY ITS COMMISSIONER, VIJAYAWADA, KRISHNA DISTRICT.(520001) 3. THE EXECUTIVE ENGINEER II, MUNCIPAL CORPORATION, VIJAYAWADA, KRISHNA DISTRICT. (520001) 4. THE EXECUTIVE ENGINEER III, MUNCIPAL CORPORATION, VIJAYAWADA, KRISHNA DISTRICT. (520001) 5. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. (522238) ...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 a WRIT OF MANDAMUS declaring the action of 2 the Respondents herein, in withholding the payment of Ut and Final Bills, i) Net Amount of Rs. 17,11,551/- (Gross Rs. 19,64,493/-) and ii) Net Amount of Rs. 4,43,016/- (Gross Rs.4,75,518/- total Net amount of Rs.21,54,567/- even after finalizing the bills payable to the petitioner in relation to the works i.e., i)Providing BT Road with hot mix process to Sai Ram Street at Indira Nayak Nagar in 58 Division. (Rc. El 1-109911/2025) under Agreement No. 541/2025-26, Dt. 22.08.2025 and ii) Providing Culvert Precast Slabs in Place of Damaged Slabs in Tikkle Road Cross Roads in 8th Division under Agreement No. 365/2025-26, Dt. 28.06.2025 is questioned, as the same is illegal and arbitrary apart from violative of Articles 14, 16, 19 85 300-A of The Constitution of India and consequently direct the respondents to consider for payment of Ut and Final Bills, i) Net Amount of Rs. 17,11,551/- (Gross Rs. 19,64,493/-) and ii) Net Amount of Rs. 4,43,016/- (Gross Rs.4,75,518/- total Net amount of Rs. 21,54,567/- with an interest @ 24 percentage per annum for the delayed amount to the petitioner in respect of execution of above- mentioned work., forthwith and 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 for payment of Ut and Final Bills i) Net Amount of Rs.17,11,551/- (Gross:Rs. 19,64,493/-) ^and ii) Net Amount of Rs.4,43,01(5/- (Gross:Rs.4,75,518/- total Net amount of Rs.21,54,567/- with regard to the completion of work i.e., i)Providing BT Road with hot mix process to Sai Ram Street at Indira Nayak Nagar in 58 Division. (Rc. Ell- 109911/2025) under Agreement No.541/2025- 26, Dt. 22.08.2025 and ii) Providing Culvert Precast Slabs in Place of Damaged Slabs in Tikkle Road Cross Roads in 8th Division under Agreement No. 365/2025-26, Dt. 28.06.2025 with an interest @24 percentage per annum for the delayed amount to the petitioner, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. SURESH KUMAR REDDY KALAVA Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP 2. GP FOR FINANCE PLANNING 3 The Court made the following 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 payment of the U.T. and final bills, i.e., (i) net amount of Rs.17,11,551/- (gross Rs.19,64,493/) and (ii) net amount of Rs.4,43,016/- (gross Rs.4,75,518/-), totalling a net amount of Rs.21,54,567/-, despite finalization of the bills payable to the petitioner in respect of the works, namely, (i) Providing BT Road with hot mix process to Sai Ram Street at Indira Nayak Nagar in 58th Division (Rc. El1- 109911/2025) under Agreement No.541/2025-26, dated 22.08.2025, and (ii) Providing Culvert Precast Slabs in place of damaged slabs at Tikkle Road Cross Roads in 8th Division under Agreement No.365/2025-26, dated 28.06.2025. 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 recorded the progress of the works and the amounts due and payable to the petitioner in the M-Book and Quality Control Certificate was also issued. 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 4 Municipality, and the learned Assistant Government Pleader for Finance and Planning. 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 10.08.2026 RSD 5 79 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 22449/2026 10.08.2026 RSD