Nulaka Venkatesh, Vs The State of Andhra Pradesh

THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY MUNICIPAL AND URBAN DEVELOPMENT AUTHORITY SECRETARIAT BUILDINGS AT VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH-522237.

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THE STATE OF ANDHRA PRADESH, , REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FINANCE AND PLANNING , SECRETARIAT BUILDINGS AT VELAGAPU'DI, GUNTUR DISTRICT, ANDHRA PRADESH-522237.

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THE ANANTHAPURAMU MUNICIPAL CORPORATION, ANANTHAPURAM DISTRICT, ANDHRA PRADESH. REPRESENTED BY ITS COMMISSIONER-515001.

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THE EXECUTIVE ENGINEER, ANANTHAPURAMU MUNICIPAL CORPORATION, ANANTHAPURAM DISTRICT, ANDHRA PRADESH-515001.

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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 tomay be pleased to issue an appropriate writ or order or a direction

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more particularly one in the nature of writ of Mandamus declaring the action of the respondents, in withholding the amounts due to me even after finalizing the bills, payable to me in relation to the works executed by them under 1.) Providing 5 Nos of Tractors with tailor on hire basis for door to door collection in 3rd circle for maintenance of sanitation in Ananthapuramu Municipal Corporation vide Agreement No. 01/GF/EE-1/2025-2026, dated 07.04.2025 and M.Book No. 167/2024-2025 as per the M.Book the value of the work executed is Rs.10,03,502/- 2.)Development of Womens Park in HLC Colony, 0th Division of Ward Secretariat No.72, Ananthapuramu Municipal Corporation vide Agreement No 129/GF/EE-Il/ 2024-2025, dated 24.08.2024 and total value of the work as per agreement is Rs. 12,62,483/- 3.) Construction of 450mm and 600mm CC Drain and Culvert from 2-322 to 2-560 in 5th cross, 3rd Road and Removal of Wet Silt in Scavanger lines and Providing PVC pipes under ground drainage from D.NO. 3-399 to 3-370 (3 Road to 4th Road) in 46th Division-65 Sachivalayam at Ananthapuramu Municipal Corporation vide Agreement No 182/GGMP/EE-11/2023-2024, dated 17.02.2024 and M.Book No. 465/2023- 20244 as per the M.Book the value of the work executed is Rs. 5,98,592/- 4.) Supply,Delivery and fixing of iron steps in the upstream side of transformer station in PABR in take well of Ananthapuramu Municipal Corporation vide Agreement No 27/2022-2023, dated 22.04.2022 and M.Book No. 04/2021- 2022 as per the M.Book the value of the work executed is Rs.1,98,541/- and then totally an Amount of Rs. 30,63,118/- due to the pettioner as illegal, arbitrary, unjust, unreasonable and unconstitutional and consequently direct the respondents to consider the payment of amount due to the petitioner in respect of execution of works forthwith and to pass such

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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 may be pleased to direct the respondents to consider the payment of amount spayable to the petitioner 1.) Providing 5 Nos of Tractors with tailor on hire basis for door to door collection in 3rd circle for maintenance of sanitation in Ananthapuramu Municipal Corporation vide Agreement No. 01/GF/EE1/2025-2026, dated 07.04.2025 and M.Book No. 167/2024-2025 as per the M.Book the value of the work executed is Rs.10,03,502/- 2.)Development of Womens Park in HLC Colony, 50th Division of Ward Secretariat No.72, Ananthapuramu Municipal Corporation vide Agreement No: 129/GF/EE-II/ 2024-2025, dated 24.08.2024 and total value of the work as per agreement is Rs. 12,62,483/- 3.) Construction of 450mm and 600mm CC Drain and Culvert from 2-322 to 2-560 in 5th cross, 3rd Road and Removal of Wet Silt in

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Scavanger lines and Providing PVC pipes under ground drainage from D.NO. 3-399 to 3-370 (3rd Road to 4th Road) in 46th Division-65 Sachivalayam at Ananthapuramu Municipal Corporation vide Agreement No: 182/GGMP/EE11/2023-2024, dated 17.02.2024 and M.Book No. 465/2023- 20244 as per the M.Book the value of the work executed is Rs. 5,98,592/- 4.) Supply,Delivery and fixing of iron steps in the upstream side of transformer station in PABR in take well of Ananthapuramu Municipal Corporation vide Agreement No: 27/2022-2023, dated 22.04.2022 and M.Book No. 04/20212022 as per the M.Book the value of the work executed is Rs.1,98,541/- at Ananthapuramu Municipal Corporation, then totally an Amount of Rs. 30,63,118/- due to the pettioner, immediately, pending disposal of the main writ petition and pass such other order

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Counsel for the Petitioner:

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1.V SAI KUMAR

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Counsel for the Respondent(S):

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1.POTHAM VENGALA REDDY SC For M.Corporation in Rayalaseema region In

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2.GP MUNCIPAL ADMN AND URBAN DEV AP

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3.GP FOR FINANCE PLANNING

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THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 17884 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 following works by the respondentMunicipal Corporation and that the petitioner has completed the said works in accordance with the terms of the respective agreements; (i) Providing 5 Nos. of Tractors with trailers on hire basis for door-to-door collection in the 3rd ircle for maintenance of sanitation in Ananthapuramu Municipal Corporation, covered by Agreement No.01/GF/EE-I/2025-2026, dated 07.04.2025 and M.Book No.167/2024-2025, wherein the value of the work executed, as recorded in the Measurement Book, is Rs.10,03,502/-; (ii) Development of Women's Park in HLC Colony, 50^th Division, Ward Secretariat No.72, Ananthapuramu Municipal Corporation, covered by Agreement No.129/GF/EE-II/2024-2025, dated 24.08.2024, wherein the total value of the work under the agreement is Rs.12,62,483/-; (iii) Construction of 450 mm and 600 mm CC Drain and Culvert from D.No.2-322 to D.No.2-560 in 5^th Cross, 3^rd Road, and removal of wet silt in scavenger lines and providing PVC pipes for underground drainage from D.No.3-399 to D.No.3-370 (3^rd Road to 4^th Road) in 46^th Division-65 Sachivalayam, Ananthapuramu Municipal Corporation, covered by Agreement No.182/GGMP/EE-II/2023-2024, dated 17.02.2024 and M.Book No.465/2023-2024, wherein the value of the work executed, as recorded in the Measurement Book, is Rs.5,98,592/-; (iv) Supply, delivery and fixing of iron steps on the upstream side of the transformer station at the

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PABR Intake Well, Ananthapuramu Municipal Corporation, covered by Agreement No.27/2022-2023, dated 22.04.2022 and M.Book No.04/20212022, wherein the value of the work executed, as recorded in the Measurement Book, is Rs.1,98,541/-. It is submitted that the petitioner has completed all the aforesaid works and that the work executed has been duly recorded in the respective Measurement Books . It is further submitted that, despite the bills having been finalized and the amounts payable to the petitioner having been determined, the respondents are withholding the payment of a total sum of Rs.30,63,118/- (Rupees Thirty Lakhs Sixty-Three Thousand One Hundred and Eighteen only), which is lawfully due and payable to the petitioner.

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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. However, the respondents are yet to release the amounts due and payable to the petitioner.

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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, learned Standing Counsel for the respondent Municipality, and the learned Assistant Government Pleader for Finance and Planning

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Learned Standing Counsel appearing for the respondents submits, on the basis of the instructions received, that the work entrusted to the petitioner has been completed and that the same was executed to the satisfaction of the respondents. It is, however, submitted that the petitioner had allegedly secured the contract by producing a fake experience certificate. It is further submitted that the respondents propose to initiate appropriate action against the petitioner, including blacklisting, by invoking the relevant contractual provisions for submission of the alleged fake experience certificate.

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Having considered the submissions made by the learned counsel appearing for the respective parties and upon perusal of the material available on record, this Court finds that the respondents do not dispute the completion of the work entrusted to the petitioner. It is also not in dispute that the work executed by the petitioner has been recorded in the M-Books and that the amounts payable towards the completed work have been duly measured.

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In view of the above, the respondents are directed to release the amounts lawfully due and payable to the petitioner for the work executed, within a period of six (06) weeks from the date of receipt of a copy of this order. However, it is made clear that this order shall not preclude the respondents from initiating appropriate proceedings, in accordance with law and the terms of the contract, against the petitioner in respect of the allegation of submission of a fake experience certificate, including proceedings for blacklisting, if so advised. Such proceedings shall be conducted independently and on their own merits, after following the due process of law.

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