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2026 DAILYLAW 8842 (AP)

Velamala Shanmukha Rao v. State of Andhra Pradesh

WP/23023/2026 · 2026-08-23

Harinath N

body2026

Judgment text

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APHC010422522026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY, THE 24th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 23023/2026 Between: 1. VELAMALA SHANMUKHA RAO, S/O LATE SATYANARAYANA AGED 49 YEARS, OCC CONTRACTOR, R/O METTAKKIVALASA VILLAGE,9TH WARD, NEAR BANIAN FACTORY, AMADALAVALASA MANDAL, SRIKAKULAM DISTRICT. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT - 522238. 2. THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, GOVERNMENT OF ANDHRA PRADESH, PRIME HILL CREST, 4TH FLOOR, NEAR DGP OFFICE, BESIDE ULTRATECH READYMIX PLANT, VADDESWARAM VILLAGE, MANGALAGIRI, ANDHRA PRADESH - 522502. 3. AMADALAVALASA MUNICIPALITY, REP. BY ITS. COMMISSIONER, AMADALAVALASA MANDAL, SRIKAKULAM DISTRICT - 532185. 4. EXECUTIVE ENGINEER, , PUBLIC HEALTH DIVISION, SERVICE RESERVOIR COMPOUND, ASN COLONY, SRIKAKULAM TOWN, SRIKAKULAM DISTRICT - 532001. 5. DEPUTY EXECUTIVE ENGINEER, PUBLIC HEALTH SUB-DIVISION SERVICE RESERVOIR COMPOUND, ASN COLONY, SRIKAKULAM TOWN, SRIKAKULAM DISTRICT - 532001. 6. THE ASSISTANT ENGINEER WORKS CIVIL, AMADALAVALASA MUNICIPALITY, AMADALAVALASA MANDAL, SRIKAKULAM DISTRICT - 532185 7. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, 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 toto issue a Writ, order or direction more particularly in the nature of WRIT OF MANDAMUS declaring the action of the Respondents in not paying amounts of Rs.4,07,883/- (Four Lakhs Seven Thousand Eight Flundred and Eighty Three Rupees Only) to the petitioner for execution of works i.e 2 Extension of Distribution pipeline in Ward No.5 (from SS34/B1 near SC Womens Hostel to SS40/B6) of Akkivalasa in Amadalavalasa Municipality under 14th finance commission grant for the year 2015-2016, as illegal, arbitrary, violative of provisions of Andhra Pradesh Municipalities Act, 1965 and rules framed there under and offends Articles 14 and 21 of Constitution of India and consequently direct the respondents to pay the amounts of action of the Respondents in not paying amounts of Rs.4,07,883/- (Four Lakhs Seven Thousand Eight Flundred and Eighty Three Rupees Only) to the petitioner for execution of said works forthwith 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 pay the amounts of action of the Respondents in not paying amounts of Rs.4,07,883/- (Four Lakhs Seven Thousand Eight Flundred and Eighty Three Rupees Only) to the petitioner for execution of works i.e for execution of works i.e “Extension of Distribution pipeline in Ward No.5 (from SS34/B1 near SC Women’s Hostel to SS40/B6) of Akkivalasa in Amadalavalasa Municipality” under 14*^ finance commission grant for the year 2015-2016 forthwith, pending disposal of the main writ petition Counsel for the Petitioner: 1. SRINIVAS AMBATI Counsel for the Respondent(S): 1. SIREESHA RANI VALLABHANENI SC For MUNICIPALITIES 2. GP MUNCIPAL ADMN AND URBAN DEV AP 3. GP FOR FINANCE PLANNING The Court made the following: 3 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.23023 OF 2026 ORDER : The learned counsel for the petitioner submits that the petitioner was entrusted the work i.e., extension of distribution pipelinie in Ward No.5 (from SS34/B1) near SC Womens Hostel in SS 40/B6 in Amadalalavasala Municipality vide Agreement No.272C/2016-17. 2. It is submitted that the petitioner had completed the work 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 work and the amounts due and payable to the petitioner in the M-Book. The petitioner is claiming an amount of Rs.4,07,883/- towards the work executed by him, which amount is due and payable to him. 3. Heard the submissions of the learned counsel for the petitioner, the learned Government Pleader for Municipal Administration and Urban Development Department, Smt.V.Sireesha Rani, learned Standing Counsel for the respondent No.3 and the learned Assistant Government Pleader for Finance and Planning. 4. During the course of hearing, the learned Standing Counsel appearing for respondent No.3, on instructions, submits that the bills have been approved for clearance and that the Government has also released funds towards clearing the outstanding bills of the contractors. It is further submitted that an amount of Rs.3,43,105/- is due and payable to the petitioner, after 4 adjusting the amounts recoverable from the petitioner. It is also submitted that additional funds are awaited and, upon release of the same, the bills due and payable to the petitioner shall be cleared. 5. Recording the submissions made by the learned Standing Counsel, this writ petition is disposed of, directing the concerned respondent to verify and release the admitted amounts due and payable to the petitioner as expeditiously as possible, preferably within a period of six weeks from the date of receipt of a copy of this order. The petitioner is at liberty to take appropriate proceedings for recovery of the balance amount, if any. There shall be no order as to costs. 6. Pending miscellaneous petitions, if any, shall stand closed. ____________________ JUSTICE HARINATH.N KGM Whether the order is: Speaking Reasoned ☑ Reportable Non-reportable ☑ 5 92 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.23023 OF 2026 Dated 24.08.2026 KGM