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2026 DAILYLAW 8146 (AP)

K Jagadeesh Naidu v. The State of Andhra Pradesh

WP/23222/2026 · 2026-08-13

Harinath N

body2026

Judgment text

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APHC010427432026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY, THE 14th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 23222/2026 Between: 1. K JAGADEESH NAIDU, S/O K RAGHUNATH NAIDU, AGED ABOUT 31 YEARS, OCC CONTRACTOR, R/O NANDYAL TOWN, NANDYAL DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH.-522238 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH.-522238 3. THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, VADDESWARAMVILLAGE, MANGALAGIRI, ANDHRA PRADESH.-522302 4. THE NANDYAL MUNICIPALITY, REP. BY ITS COMMISSIONER, NANDYAL, NANDYAL DISTRICT, ANDHRA PRADESH.518501 5. THE DISTRICT COLLECTOR, NANDYAL, NANDYAL DISTRICT,- 518501 6. THE EXECUTIVE ENGINEER, NANDYAL MUNICIPALITY, NANDYAL, 2 NANDYAL DISTRICT ANDHRA PRADESH.-518501 7. THE DEPUTY EXECUTIVE ENGINEER, NANDYAL MUNICIPALITY, NANDYAL, NANDYAL DISTRICT, ANDHRA PRADESH.-518501 ...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 toto issue an appropriate writ, order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of respondents in not releasing the amounts mounting to Rs.31,69,882/- from the 1st and final bills ofRs.1,49,021/- ,Rs.1,87,274/-, Rs.1,73,310/-, Rs. 1,88,155/-, Rs. 1,91,281/-, Rs. 1,47,438/-, Rs.1,86,874/-, Rs. 2,73,549/-, Rs.87,025/-, Rs.1,29,347/-, Rs.1,86,622/-, Rs.2,29,730/-, Rs.93,297/-, Rs.1,86,820/-, Rs.1,32,811/-, Rs.1,66,855/-, Rs.1,50,518/-, Rs. 1,56,217/-, Rs.1,53,738/- which are admittedly due to the petitioner despite the successful completion of work in terms of the (i) Agreement No. 196/2022- 23, dated 04.08.2022, for the work of Rewinding of Motors for Udumalpuram, Ponnapuram, Rythunagaram, Flead Water Works and Weekly Market Filtration Plants (ii) Agreement No. 197/2022-23, dated 04.08.2022, for Repairs to Motors for Pumping Station and Bore Motors (iii) Agreement No. 195/2022-23, dated 04.08.2022, for Drilling of 165mm Dia Borewell and Pipeline at Harizanawada in Ward No.1 (iv) Agreement No. 608/2022-23, dated 09.03.2023, for Maintenance and Repairs to Motors at Flead Water Works and Prakasham Park Pumping Stations (v) Agreement No. 424/2022- 23, dated 05.12.2022, for Supply and Delivery of CID Joints for Maintenance of Distribution Network System in the Town (vi) Agreement No. 148/2023-24, dated 21.08.2023, for Providing Water Supply Arrangements from Existing Bore Motor to Collector Guest House (vii) Agreement No. 609/2022-23, dated 09.03.2023, for Water Supply Repairs to Public Toilets in Parkirapeta, Maruthi Nagar and Sadiq Nagar (2nd Call) (viii) Agreement No. 146/2023-24, dated 21.08.2023, for Laying of 110mm Dia HOPE Pipeline from Harizanawada Sump to Elec. Pole 1/14 and New ELSR in Harizanawada in Ward No.1 (ix) Agreement No. 733/2019-2020, dated 27.03.2020, for Providing Wet Mix from Head Water Works Gate to New Bharath Filter (x) Agreement No. 147/2023-2024, dated 21.08.2023, for Maintenance and Repairs to Commissioner Quarters at Danielpuram (xi) Agreement No. 210/2022-2023, dated 12.08.2022, for Engaging of Labour for Cleaning of Dividers from Sanjeeva Nagar Gate to Rafha Hospital (xii) Agreement No. 92/2023-2024, dated 30.06.2023, for Supply and Fixing of Green Shadow Net 3 for Summer at Eight Locations in the Town (xiii) Agreement No. 29/2023- 2024, dated 08.05.2023, for Maintenance and Repairs to RO Plant of 1000 Lts Capacity at Tekke in Ward No.13 (xiv) Agreement No. 289/2021-2022, dated 17.11.2021, for Supply, Delivery and Fixing of Spare Parts to Vectra Steel Loaders in Nandyal Municipality (3rd Call (xv) Agreement No. 149/2023-2024, dated 21.08.2023, for Providing Interconnection to PV Nagar Bore Motor in Ward No.l (xvi) Agreement No. 606/2022-23, dated 09.03.2023, for Providing Painting for Dividers from Y. Junction to Pedda Church (xvii) Agreement No. 152/2023-2024, dated 21.08.2023, for Providing of Painting KUDA Pots for Plants at Boomalasatram Flyover in Nandyal Municipality (xviii) Agreement No. 127/2023-2024, dated 16.11.2024, for Providing of Gravel Road from H.No. 21/452-Z-75-A4 (Y. Thirupathaiah) to H.No. 21/452- Z-75-A6 (M. Rohini) in Farooq Nagar in Ward No.07 and (xix) Agreement No. 128/2023-2024, dated 16.11.2024, for Providing of Gravel Road from H.No. 21/452-Z-75-A-7 (Sudharshani) to H.No. 21/452-Z-75-A6 (Nageswara Reddy) in Farooq Nagar in Ward No.07 entered with the Respondent No.4, even after successful completion of the works and in spite of repeated requests, as arbitrary, illegal, discriminatory and amounting to unjust enrichment, violative of the Fundamental Rights guaranteed under Articles 14, 19 and 21 of the Constitution of India, apart from being contrary to the orders of this Honble Court issued from time to time, and consequently direct the respondents to release the bill amounts from the 1st and final bills of Rs.1,49,021/- , Rs.1,87,274/-, Rs.1,73,310/-, Rs. 1,88,155/-, Rs. 1,91,281/-, Rs. 1,47,438/-, Rs.1,86,874/-, Rs. 2,73,549/-, Rs.87,025/-, Rs.1,29,347/-, Rs.1,86,622/-, Rs.2,29,730/-, Rs.93,297/-, Rs.1,86,820/-, Rs.1,32,811/-, Rs.1,66,855/-, Rs.1,50,518/-, Rs. 1,56,217/-, Rs.1,53,738/- cumulatively mounting to Rs.31,69,882/-payable to the petitioner for the works executed by the petitioner under the aforesaid agreements, along with 18 percent interest accrued on the said amount from the due date till the date of payment, 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 respondents to release the withheld bill amounts of 1 and final bills ofRs.1,49,021/-i,Rs.1,87,274/-, Rs.1,73,310/-, Rs. 1,88,155/-, Rs. 1,91,281/-, Rs. 1,47,438/^ Rs.1,86,874/-, Rs. 2,73,549/-, Rs.87,025/-, Rs.1,29,347/-, Rs.1,86,622/-,; Rs.2,29,730/-, Rs.93,297/-, Rs.1,86,820/-, Rs.1,32,811/-, Rs.1,66,855/-, , Rs.1,50,518/-, Rs. 1,56,217/-, Rs.1,53,738/- cumulates to Rs.31,69,882/-which is admittedly due to the petitioner despite the successful completion of wlork in terms of the (i) Agreement No. 4 196/2022- 23, dated 04.08.2022, for the work of “Rewinding of Motors for Udumalpuram, Ponnapuram, Rythunagarami Head Water Works and Weekly Market Filtration Plants”; (ii) Agreenjient No. 197/2022-23, dated 04.08.2022, for “Repairs to Motors for Pumping Station and Bore Motors”: (iii) Agreement No. 195/2022-23, dated 04.08.2022, for “Drilling of 165mm Dia Borewell and Pipeline at Harizanawada in Ward Np.l”; (iv) Agreement No. 608/2022-23, dated 09.03.2023, for “Maintenance and Repairs to Motors at Head Water Works and Prakasham Park Pumping Stations”; (v) Agreement No. 424/2022- 23, dated 05.12.2022, for “Supply and Delivery of CID Joints for Maintenance of Distribution Network Systerfi in the Town”; (vi) Agreement No. 148/2023-24, dated 21.08.2023, for “Providing Water Supply Arrangements from Existing Bore Motor to Collector Guest House”; (vii) Agreement No. 609/2022-23, dated 09.03.2023, for “Water Supply Repairs to Public Toilets in Parkirapeta, Maruthi Nagar and Sadiq Nagar (2nd Call)”; (viii) Agreement No. 146/2023-24, Laying of 110mm Dia HDPE Pipeline from St fordated 21.08.2023 Harizanawada Sump to Elep. Pole 1/14 and New ELSR in Harizanawada in Ward No.1”: (ix) Agreement No. 733/2019-2020, dated 27.03.2020, for “Providing Wet Mix from Head Water Works Gate to New Bharath Filter”; (x) 4 Agreement No. 147/2023-2024, dated 21.08.2023, for “Maintenance and Repairs to Commissioner Quarters at Danielpuram”; (xi) Agreement No. 210/2022-2023, dated 12.08.2022, for “Engaging of Labour for Cleaning of Dividers from Sanjeeva Nagar Gate to Rafha Hospital”; (xii) Agreement No. 92/2023-2024, dated 30.06.2023, for “Supply and Fixing of Green Shadow Net for Summer at Eight Locations in the Town”; (xiii) Agreement No. 29/2023- 2024, dated 08.05.2023, for “Maintenance and Repairs to RO Plant of 1000 Lts Capacity at Tekke in Ward No.13”; (xiv) Agreement No. 289/2021-2022, dated 17.11.2021, for “Supply, Delivery and Fixing of Spare Parts to Vectra Steel Loaders in Nandyal Municipality (3rd Call)”; (xv) Agreement No. 149/2023-2024, dated 21.08.2023, for “Providing Interconnection to PV Nagar Bore Motor in Ward No.1”; (xvi) Agreement No. 606/2022-23, dated 09.03.2023, for “Providing Painting for Dividers from Y. Junction to Pedda Church”; (xvii) Agreement No. 152/2023-2024, dated 21.08.2023, for “Providing of Painting KUDA Pots for Plants at Boomalasatram Flyover in Nandyal Municipality”; (xviii) Agreement No. 127/2023-2024, dated 16.11.2024, for “Providing of Gravel Road from H.No. 21/452-Z-75-A4 (Y. Thirupathaiah) to H.No. 21/452-Z-75-A6 (M. Rohini) in Farooq Nagar in Ward No.07”; and (xix) Agreement No. 128/2023-2024, dated 16.11.2024, for “Providing of Gravel Road from H.No. 21/452-Z-75-A-7 (Sudharshani) to H.No. 21/452-Z-75-A6 (Nageswara Reddy) in Farooq Nagar in Ward No.07”, 5 entered with the Respondent No.4 entered with theRespondent No.4, forthwith, pending disposal of the above Writ Petition Counsel for the Petitioner: 1. AYESHA AZMA S Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP MUNCIPAL ADMN AND URBAN DEV AP 3. GP FOR FINANCE PLANNING 6 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 not releasing the amounts cumulatively mounting to Rs.31,69,882/- covered under the 1st and final bills of Rs.1,49,021/-, Rs.1,87,274/-, Rs.1,73,310/-, Rs.1,88,155/-, Rs.1,91,281/-, Rs.1,47,438/-, Rs.1,86,874/-, Rs.2,73,549/-, Rs.87,025/-, Rs.1,29,347/-, Rs.1,86,622/-, Rs.2,29,730/-, Rs.93,297/-, Rs.1,86,820/-, Rs.1,32,811/-, Rs.1,66,855/-, Rs.1,50,518/-, Rs.1,56,217/- and Rs.1,53,738/-, which are admittedly due and payable to the petitioner despite the successful completion of the works in terms of (i) Agreement No.196/2022-23, dated 04.08.2022, for the work of Rewinding of Motors for Udumalpuram, Ponnapuram, Rythunagaram, Head Water Works and Weekly Market Filtration Plants; (ii) Agreement No.197/2022-23, dated 04.08.2022, for Repairs to Motors for Pumping Station and Bore Motors; (iii) Agreement No.195/2022-23, dated 04.08.2022, for Drilling of 165 mm Dia Borewell and Pipeline at Harizanawada in Ward No.1; (iv) Agreement No.608/2022-23, dated 09.03.2023, for Maintenance and Repairs to Motors at Head Water Works and Prakasham Park Pumping Stations; (v) Agreement No.424/2022-23, dated 05.12.2022, for Supply and Delivery of CID Joints for Maintenance of Distribution Network System in the Town; (vi) Agreement No.148/2023-24, dated 21.08.2023, for Providing Water Supply Arrangements from Existing Bore Motor to Collector Guest House; (vii) Agreement No.609/2022-23, dated 09.03.2023, for Water 7 Supply Repairs to Public Toilets in Parkirapeta, Maruthi Nagar and Sadiq Nagar (2nd Call); (viii) Agreement No.146/2023-24, dated 21.08.2023, for Laying of 110 mm Dia HDPE Pipeline from Harizanawada Sump to Electric Pole 1/14 and New ELSR in Harizanawada in Ward No.1; (ix) Agreement No.733/2019-20, dated 27.03.2020, for Providing Wet Mix from Head Water Works Gate to New Bharath Filter; (x) Agreement No.147/2023-24, dated 21.08.2023, for Maintenance and Repairs to Commissioner Quarters at Danielpuram; (xi) Agreement No.210/2022-23, dated 12.08.2022, for Engaging Labour for Cleaning of Dividers from Sanjeeva Nagar Gate to Rafha Hospital; (xii) Agreement No.92/2023-24, dated 30.06.2023, for Supply and Fixing of Green Shadow Net for Summer at Eight Locations in the Town; (xiii) Agreement No.29/2023-24, dated 08.05.2023, for Maintenance and Repairs to RO Plant of 1000 Lts Capacity at Tekke in Ward No.13; (xiv) Agreement No.289/2021-22, dated 17.11.2021, for Supply, Delivery and Fixing of Spare Parts to Vectra Steel Loaders in Nandyal Municipality (3rd Call); (xv) Agreement No.149/2023-24, dated 21.08.2023, for Providing Interconnection to PV Nagar Bore Motor in Ward No.1; (xvi) Agreement No.606/2022-23, dated 09.03.2023, for Providing Painting for Dividers from Y. Junction to Pedda Church; (xvii) Agreement No.152/2023-24, dated 21.08.2023, for Providing of Painting KUDA Pots for Plants at Boomalasatram Flyover in Nandyal Municipality; (xviii) Agreement No.127/2023-24, dated 16.11.2024, for Providing of Gravel Road from H.No.21/452-Z-75-A4 (Y. Thirupathaiah) to H.No.21/452-Z-75-A6 (M. Rohini) in Farooq Nagar in Ward No.07; and (xix) 8 Agreement No.128/2023-24, dated 16.11.2024, for Providing of Gravel Road from H.No.21/452-Z-75-A-7 (Sudharshani) to H.No.21/452-Z-75-A6 (Nageswara Reddy) in Farooq Nagar in Ward No.07, entered into with the 4th respondent. 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. 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 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 9 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 14.08.2026 RSD 10 121 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 23222/2026 14.08.2026 RSD