Disposed¶33

Y Kesava Reddy v. the State of Andhra Pradesh

Andhra Pradesh HC10 Nov 2025WP/29133/2024

Case brief

AI extract

What is this about?

Andhra Pradesh High Court, Amaravati; Writ Petition No.29133 of 2024, decided 11.11.2025 by Justice Harinath.N; contractor's dues; withholding of admitted/finalised municipal contract bills; Dharmavaram Municipality; GGMS funds 2022-23; GGMP funds 2023-2024; mandamus; Article 226; Articles 14, 19 and 21; Agreement Nos.415/2022-23 and 534/2023-24; direction to verify and release payments within six weeks; writ disposed of, no costs; IA No.1 of 2024 under Section 151 CPC; Rs.28,88,758/-.

What did the court decide?

Direction to the concerned respondent to verify and release the payments due and payable to the petitioner as expeditiously as possible, preferably within six weeks from receipt of a copy of the order; writ petition disposed of with no costs and miscellaneous petitions, if any, closed as a sequel. ¶33

Y Kesava Reddy Vs the State of Andhra Pradesh — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the action of the respondent authorities in withholding the admitted amounts payable to the petitioner for the two completed municipal works, even after finalisation of the bills aggregating Rs.28,88,758/-, is illegal, arbitrary and violative of Articles 14, 19 and 21 of the Constitution, and whether the respondents should be directed to release the admitted amount with interest.

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Court's answer

The concerned respondent is directed to verify and release the payments 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 the order.

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Ratio / Principle

The writ petition is disposed of, with no costs.

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Key takeaways

As a sequel, miscellaneous petitions pending, if any, shall stand closed.ratio¶36

Detailed headnote1 paragraphs

Writ Petition (Art. 226, Constitution of India) by a contractor, Y Kesava Reddy, seeking a mandamus declaring illegal and arbitrary the respondents' withholding of admitted amounts payable on two municipal works in Dharmavaram Municipality: (i) construction of a 300 mm CC drain under GGMS funds 2022-23 (Rs.13,50,895/-) and (ii) laying of CC road under GGMP funds 2023-2024 (printed as Rs.15.37,863/-), aggregating to final bills of Rs.28,88,758/-. Counsel submitted the works were awarded vide Agreement Nos.415/2022-23 (25.07.2023) and 534/2023-24 (14.11.2023), duly executed, with final bills endorsed by the competent authority, yet payment remained unreleased; the Standing Counsel for the Corporation did not dispute completion of the works. Justice Harinath.N directed the concerned respondent to verify and release the payments due, preferably within six weeks from receipt of a copy of the order, disposed of the writ petition with no costs, and closed miscellaneous petitions as a sequel. An interim application (IA No.1 of 2024) under S.151 CPC for payment of the final bill stood covered by the disposal.

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[3457]

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APHC010558152024

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

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TUESDAY, T HE ELEVENTH DAY OF NOVEMB E R TWO THOUSAND AND TWENTY FIVE PRESENT

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THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 29133/2024

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Between:

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Y KESAVA REDD Y , S/O CHINNA REDDY, AGED ABOUT 50 YEARS, OCC. CONTRACTOR, D.NO. 29-859, MARUTHI NAGAR, DHARMAVARAM, SRI SATYA SAI DISTRICT-515671

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...PETITIONER

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AND

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THE STATE OF A NDHRA PRADESH, REP. BY I T S PRINCIPAL SECRETARY, MUNICIPAL AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI.

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THE STATE OF A NDHRA PRADESH, REP. BY I T S PRINCIPAL SECRETARY, FIN A NCE DEPARTMENT, SECRETARI A T BUILDINGS, VELAGAPUDI, AM A RAVATHI.

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THE COMMISSIO N ER AND DIRECTOR, MUNICIPAL AND URBAN DEVELOPMENT D EPARTMENT, GOVERNMENT OF ANDHRA PRADESH, 3,4,5 FLOORS, PRIME HILL CREST, VA D DESWARAM, GUNTUR DISTRIC T .

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THE DHARMAVAR A M MUNICIPALITY, REP BY ITS C O MMISSIONER, DHARMAVARAM, SRI SATYA SAI DISTRICT (FORMERLY ANANTHAPURAM DISTRICT)

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THE EXECUTIVE E NGINEER, DHARMAVARAM MUNI C IPALITY, SRI SATYA SAI DISTRICT. (FORMERLY ANANTHAPURA M DISTRICT) ...RESPONDENT(S):

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Petition under Artic l e 226 of the Constitution of India pr a ying that in the circumstances stated in the affidavit filed therewith, the Hig h Court may be pleased topleased to issue a writ order or direction, more p a rticularly one in the nature of writ of M andamus, declaring the action of the respondent authorities in withholdin g the admitted amounts even after fi n alizing the bills, payable to the petitioner in relation to the works i.e., 1) Co n struction of 300 mm CC Drain from Pol e no.S13/11 to Dr.no.25/644-13. Pole No.S13/11 to Dr.no.25/644-12, Pole no.S13/16 to Pole no.S13/17, Pol e No.S13/16 to Dr.no.25/644-5- 10-1, Pole no.S13/23 to Pole no.S10/19. P o le No.S13/25 to Pole no.S13/9 Dr.No.2 5 /585-4-4 to Dr.no.25/585-4-3, Dr.n o .25/585-5-4 to Dr.no.25/585-4-18, Dr.n o .25/645 to Dr.no.25/645-5 at L.I.C o f fice locality and Police Quarters in 25th Election Parthasarathi Nagar-2 under GGMS funds 2022-23 for an amount of Rs.13,50,895/-, and 2) Laying o f CC Road from Main Road to Peria Chawadi, D.no.23/607 to 23/634, D.No.23/76 to 23/62,

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D.No.23/361 to 23/537-10 In 21st Secretariat (22nd Election ward in Dharmavaram Municipality under GGMP funds 2023-2024 for an amount of Rs.15.37,863/- aggregated to lumpsum contract final bills amount of Rs.28,88,758/- (Rupees Twenty eight lakhs eighty eight thousand seven hundred and fifty eight only) as the same is illegal, arbitrary and violation of principles of natural justice and violation of Article 14. 19 and 21 of the Constitution of India consequently direct the respondents to release of admitted amount Rs.28,88,758/- (Rupees Twenty eight lakhs eighty eight thousand seven hundred and fifty eight only) with interests to the petitioner firm and other reliefs and to pass

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IA NO: 1 OF 2024

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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 Final Bill Rs.28,88,758/- (Rupees Twenty eight lakhs eighty eight thousand seven hundred and fifty eight only) forthwith, pending disposal of the main writ petition pending disposal of the above writ petition and to pass Counsel for the Petitioner:

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1.DASARI S V V S V PRASAD

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Counsel for the Respondent(S):

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1.GP MUNCIPAL ADMN AND URBAN DEV AP

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2.GP FOR FINANCE PLANNING

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The Court made the following:

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THE HONOURABLE SRI JUSTICE HARINATH.N

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WRIT PETITION NO: 29133 OF 2024

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ORDER :

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The learned counsel for the petitioner submits that the petitioner has awarded various works vide agreement Nos.415/2022-23, dated 25.07.2023 and 534/2023-24, dated 14.11.2023.

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The learned counsel further submits that the petitioner duly executed all the works and thereafter submitted final bills and the final bills were duly endorsed by the competent authority. A statement detailing the works executed by the petitioner was prepared. However, in spite of the completion of all procedural formalities, the payment towards the completed works has not been released till date.

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Heard the submissions of the learned counsel for the petitioner, the learned Government Pleader for Municipal Administration & Urban Development, the learned Standing Counsel for the Corporation and the learned Assistant Government Pleader for Finance and Planning.

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During the course of hearing, the learned Standing Counsel appearing for the Corporation does not dispute the submissions made by the petitioner with respect to the completion of the work undertaken.

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Considering the submissions, concerned respondent is hereby directed to verify and release the payments due 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.

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