Andhra Pradesh High Court

WP/12494/2026 of CH BHASKARA RAO Vs THE STATE OF ANDHRA PRADESH on 12 July 2026

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Date of reserved for orders : Date of pronouncement : Date of uploading : APHC010237302026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY, THE 13th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO:

HN, J

W.P.No.12494_2026

Date of reserved for orders :

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APHC010237302026

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI

(Special Original Jurisdiction)

MONDAY, THE 13th DAY OF JULY 2026

PRESENT

THE HONOURABLE SRI JUSTICE HARINATH.N

WRIT PETITION NO: 12494/2026

Between:

1. 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.

...PETITIONER

AND

1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL

SECRETARY,MUNICIPAL

DEPARTMENT,

SECRETARIAT,

VELAGAPUDI, GUNTUR DISTRICT, PIN CODE 522 238.

2. GUNTUR

MUNICIPAL

CORPORATION,

REP

BY

ITS

COMMISSIONER, GUNTUR MUNICIPAL CORPORATION, GUNTUR

CITY, GUNTUR DISTRICT, PIN CODE 522 003.

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

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 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 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 Counsel for the Petitioner:

1. AISHWARYA NAGULA

Counsel for the Respondent(S):

1. GP MUNCIPAL ADMN AND URBAN DEV AP

HN, J

W.P.No.12494_2026

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ORDER:

1. 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.

2. 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.

3. 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: “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.

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

HN, J W.P.No.12494_2026

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

5. 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.

Pending miscellaneous petitions, if any, shall stand closed.

___________________ JUSTICE HARINATH.N Date:13.07.2026 NKA

Whether the order is : Speaking Yes/No / Reasoned Yes/No Reportable Yes/No / Non-Reportable Yes/No

HN, J

THE HONOURABLE SRI JUSTICE HARINATH.N

WRIT PETITION NO: 12494 of 2026 Date: 13.07.2026

NKA

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