Ch Bhaskara Rao Vs the State of Andhra Pradesh

CH BHASKARA RAO, S/O LATE BUCHAIAH, AGE 57 YEARS, OCC BUSINESS, R/O GF.2, 54-16-8, SEETHAMMADHARA, VISAKHAPATNAM CITY, PIN CODE 530 013, BEING REP. BY HIS GPA HOLDER CH.SATYANARAYANA, S/O LATE HANUMAIAH, AGE 64 YEARS, OCC BUSINESS, R/O MIG - 1, PLOT NO.38, SECTOR - II, MVP COLONY, VISAKHAPATNAM CITY, VISAKHAPATNAM DISTRICT, PIN CODE 530 017.

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...PETITIONER

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AND

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THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY,MUNICIPAL DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT, PIN CODE 522 238.

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GUNTUR MUNICIPAL CORPORATION, REP BY ITS COMMISSIONER, GUNTUR MUNICIPAL CORPORATION, GUNTUR CITY, GUNTUR DISTRICT, PIN CODE 522 003.

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...RESPONDENT(S):

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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 order or direction more particularly one in the nature of Writ of MANDAMUS declaring the action of the 2nd respondent in

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HN, J

W.P.No.12494_2026

not releasing the interest to the delayed payment for a period of 13 years 6 months in releasing the contract due amounts of Rs.23,57,000/- by considering the petitioner representations dt 06.03.2026 and 31.12.2025 as illegal, arbitrary and unsustainable and consequently direct the 2nd respondent to consider the petitioner representations dt 06.03.2026 and 31.12.2025, in the interest of Justice and to pass

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IA NO: 1 OF 2026

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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 2nd respondent to consider the petitioner representations dt: 06.03.2026 and 31.12.2025 and release the claimed interest, pending disposal of the maim Writ Petition and to pass

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Counsel for the Petitioner:

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1.AISHWARYA NAGULA

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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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HN, J

W.P.No.12494_2026

ORDER:

The present writ petition is filed being aggrieved by the action of respondent No.2 in not paying interest on the delayed release of the contractual dues amounting to Rs.23,57,000/-, which were released after a delay of 13 years and 6 months.

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The learned counsel appearing for the petitioner submits that the petitioner submitted representations dated 31.12.2025 and 06.03.2026, requesting respondent No.2 to consider the claim for payment of interest on the delayed release of the contractual dues. However, no orders have been passed on the said representations till date.

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Sri A.S.C.Bose, learned Standing counsel appearing for respondent No.2 submits that the issue involved in the present writ petition is covered by the judgment of the Hon’ble Division Bench of this Court in W.A.No.60 of 2025, dated 11.02.2025, wherein it was held as follows:

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“10. In the light of the aforementioned facts and the law as discussed hereinabove, in our opinion, the judgment and order impugned to the extent it orders payment of interest @ 6% per annum, in our view, is unsustainable. The judgment and order to that extent is set aside. However, we make it clear that this would not prejudice the right of any of the parties to agitate their respective claims and counter-claims before an appropriate forum, in accordance with law.

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11. Accordingly, the present writ appeal is allowed in part. No order as to costs”.

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HN, J

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W.P.No.12494_2026

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Having heard the learned counsel appearing for both the parties and upon

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considering the material available on record, this Court is of the considered view that the issue involved in the present writ petition is covered judgment of the Hon’ble Division Bench of this Court W.A.No.60 of 2025, dated 11.02.2025.

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Accordingly, the present writ petition is disposed off, in terms of the judgments of the Hon’ble Division Bench in W.A.No.60 of 2025, dated 11.02.2025, leaving it open for the petitioner as well as the respondents to agitate their respective claims and counter-claims before the appropriate forum, in accordance with law. There shall be no order as to costs.

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Pending miscellaneous petitions, if any, shall stand closed.

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___________________ JUSTICE HARINATH.N

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Date:13.07.2026 NKA

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Whether the order is :

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Speaking Yes/No / Reasoned Yes/No Reportable Yes/No / Non-Reportable Yes/No

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