M/S Mallisai Enterprises Vs the State of Andhra Pradesh

M/S MALLISAI ENTERPRISES, , REP. BY ITS MANAGING DIRECTOR, S. MADAN KUMAR, S/O. S. SAI BABA, AGED ABOUT 48 YEARS, OCC CONTRACTOR, RIO. D.NO. 15-337, NEAR VIJAYAMILK DAIRY, SUBEDARPETA,NELLORE, NELLORE DISTRICT - 524001

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...PETITIONER

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AND

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THE STATE OF ANDHRA PRADESH, REP. BY ITSPRINCIPAL SECRETARY TO GOVERNMENT, MUNICIPAL ADMINISTRATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, THULLUR MANDAL, GUNTUR DISTRICT.

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THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, THULLUR MANDAL, GUNTUR DISTRICT.

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THE DIRECTOR OF WORKS AND ACCOUNT OFFICER, ANJANEYA TOWERS, IBRAHIMPATNAM, KRISHNA DISTRICT.

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THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, (MA AND UD) SPSR NELLORE, SPSR NELLORE DISTRICT.

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THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, SRI KRISHNA ENCLAVE, GORANTLA, GUNTUR,

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GUNTUR DISTRICT.

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NELLORE MUNICIPAL CORPORATION, REP IT'S COMMISSIONER, NELLORE, SPSR NELLORE DISTRICT.

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THE EXECUTIVE ENGINEER, SPSR NELLORE MUNICIPAL CORPORATION, SPSR NELLORE DISTRICT.

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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 a Writ, Order, or Direction more particularly one in the nature of WRIT OF MANDAMUS or any other appropriate writ or direction declaring the action of the respondents in not releasing the total due payments of Rs.91,11,070/- even after finalizing the bills, payable to .the petitioner in relation to the works i.e., 1. Agreement No. DB- II/7/2025-26 dated 12.06.2025 for the work of Providing internal Lighting in all parks (23 Parks) in City Constituency in Nellore Municipal Corporation Vide M. Book. No.2911 /2024-25 for Rs. 91,11,070/- above (01) work was sanction under General Funds Grant, total pending bills amount of Rs.91,11,070/- in Nellore Municipal Corporation through the Agreements ,as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondent authorities to release the pending bills total amount of Rs.91,11,070/- with interest at 18 percent for the pending bills forthwith for the above said works executed by the petitioner and 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 respondents to consider for pending bills of Rs.91,11,070/with interest @ 18 % for the works executed by the petitioner for the various works under General Funds Grant, in Nellore Municipal Corporation through the Agreements forthwith, pending disposal of the main Writ Petition and pass

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Counsel for the Petitioner:

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1.ANNAMNEEDI BALAKRISHNA

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Counsel for the Respondent(S):

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1.GP FOR MUNCIPAL ADMN URBAN DEV

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2.GP FOR FINANCE PLANNING

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THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 156 of 2026

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ORDER:

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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 total due payment of Rs.91,11,070/-, even after finalizing the bill payable to the petitioner in relation to the work, namely, Agreement No. DB-II/7/2025-26 dated 12.06.2025 for the work of providing internal lighting in all parks (23 Parks) in City Constituency, Nellore Municipal Corporation, vide M. Book No.2911/2024-25, for an amount of Rs.91,11,070/-. It is submitted that the above one work was sanctioned under the General Funds Grant, and the total pending bill amount of Rs.91,11,070/- is payable by the Nellore Municipal Corporation under the said agreement.

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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.

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Heard the submissions of the learned counsel for the petitioner, the learned Government Pleader for Municipal Administration and Urban Development Department, Sri A.S.C. Bose, learned Standing Counsel for the

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respondent Municipality, 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 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.

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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 ten (10) weeks from the date of receipt of a copy of this order. There shall be no order as to costs.

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