Andhra Pradesh High Court
WP/9227/2026 of M/S TIRUMALA CONSTRUCTIONS Vs THE STATE OF ANDHRA PRADESH on 8 July 2026
for orders : Date of pronouncement : 09.07.2026 Date of uploading APHC010158052026 IN THE HIGH COURT OF ANDHRA PRADESH THURSDAY, THE 9 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 9227 OF 2026 Between: 1. M/S TIRUMALA CONSTRUCTIONS, H.NO.24 SITA MANSION APARTMENTS, DNR COLLEGE
Date of reserved for orders
Date of pronouncement
Date of uploading
APHC010158052026
IN TH
THURS
THE HONO
WRI
Between:
1. M/S TIRUMALA C
SITA
MANSION
SREERAMPURAM
DISTRICT, REP
VENKATA SUBBAR
1. THE STATE OF A
SECRETARY,
MU
DEVELOPMENT D
522503. AMARAVA
2. THE MUNICIPAL C
ITS COMMISSIONE
3. THE
SUPERINTE
CORPORATION
RAMARAOPET, KA
4. THE
PRINCIPAL
DEPARTMENT,
AMARAVATHI GUN
s : NIL
: 09.07.2026
: 13.07.2026
E HIGH COURT OF ANDHRA PRAD
AT AMARAVATI
(Special Original Jurisdiction)
SDAY, THE 9th DAY OF JULY 2026
PRESENT
OURABLE SRI JUSTICE HARINATH
IT PETITION NO: 9227 OF 2026
ONSTRUCTIONS, H.NO.24-10-23,
APARTMENTS,
DNR
COLL
BHIMAVARAM-534201.WEST
. BY ITS MANAGING PARTNER
RAJU.
AND
ANDHRA PRADESH, REP. BY IT
UNICIPAL
ADMINISTRATION
AN
DEPARTMENT, SECRETARIAT,
ATHI GUNTUR DIST.
CORPORATION, KAKINADA, REPR
ER, KAKINADA-533003. KAKINADA
ENDING
ENGINEER,
O/O
THE
KAKINADA
VITORIA
WATE
AKINADA-533004. KAKINADA DISTR
SECRETARY,
FINANCE
AND
SECRETARIAT,
VELAGA
NTUR DIST.
DESH
[3457]
.N
FLAT NO.503,
LEGE
ROAD,
GODAVARI
R, BYRRAJU
...PETITIONER
TS PRINCIPAL
ND
URBAN
VELAGAPUDI-
RESENTED BY
DISTRICT.
E
MUNICIPAL
ER
WORKS,
RICT.
D
PLANNING
APUDI-522503.
...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 to issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents 1 to 4 in not releasing the withhold fund of Rs. 10,36,890/- (rupees ten lakhs thirty six thousand eight hundred and ninety only) on the ground of shortage of funds and not releasing the FSD amount of Rs.2,86,553/- (rupees two lakhs eighty six thousand five hundred and fifty three only) and EMD amount of Rs.
1,63,500/- (one lakh sixty three thousand five hundred only) totalling to Rs.
14,86,943/- (rupees fourteen lakhs eighty six thousand bnine hundred forty three only) payable to the petitioner firm in respect of the work done ie., construction of RCC Sotrm water drains from II Town Saibaba Temple 35th division to Cheedilapora drain 39th division and connecting drain from Vijapureddi Burial ground 6th division upto BMC church 8th division Kakinada, inspite of several representations submitted to the respondent authorities including the representation Dt.29-01-2026 and not releasing the payment amounts inspite of the work has been completed in all respects and the liability period also completed, as illegal, arbitrary, violative and contrary to the principles of natural justice and consequetniy direct the respondents 1
to 4 to make immediate payment together with interest @ 24 percent p.a.
forthwith without any further delay and
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 to grant interim direction directing the respondents to pay the withhold fund of Rs. 10,36,890/- (rupees ten lakhs thirty six thousand eight hundred and ninty only) on the ground of shortage of funds and not releasing the FSD amount of Rs.2,86,553/- (rupees two lakhs eighty six thousand five hundred and fifty three only) and EMD amount of Rs. 1,63,500/- (one lakh sixty three thousand five hundred only) totalling to Rs. 14,86,943/- (rupees fourteen lakhs eighty six thousand bnine hundred forty three only) payable to the petitioner firm in respect of the work done ie.. construction of RCC Sotrm water drains from II
Town Saibaba Temple 35th division to Cheedilapora drain 39th division and connecting drain from Vijapureddi Burial ground 6th division upto BMC church 8th division Kakinada, pending disposal of the main writ petition and pass
Counsel for the Petitioner:
1.SRINIVASA RAO PAPPU
Counsel for the Respondent(S):
1.M Krishna Rao SC for SKL, VZM, KKD Municipal Corporations
2.GP MUNCIPAL ADMN AND URBAN DEV AP
3.GP FOR FINANCE PLANNING
The Court made the following:
THE HONOURABLE SRI JUSTICE HARINATH.N
WRIT PETITION NO: 9227 OF 2026
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ORDER:-
The learned counsel for the petitioner submits that the petitioner was entrusted with the works i.e., construction of RCC Sotrm water drains from II Town Saibaba Temple, 35th division to Cheedilapora drain, 39th division and connecting drain from Vijapureddi Burial ground 6th division up to BMC Church, 8th division, Kakinada.
2. 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.
3. It is further submitted that the Respondents have withhold an amount of Rs. 10,36,890/- on the ground of shortage of funds and not released the FSD amount of Rs. 2,86,553/- and EMD amount of Rs. 1,63,500/-. Thus, total an amount of Rs. 14,86,943/- payable to the Petitioner by the Respondents.
4. Heard the submissions of the learned counsel for the petitioner, the learned Government Pleader for Municipal Administration and Urban Development Department, Sri M. Krishna Rao, learned Standing Counsel for the respondent/ Municipal Corporation, and the learned Assistant Government Pleader for Finance and Planning.
5. 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.
6. Recording the submissions, this writ petition is disposed of at the admission stage, directing the respondents to verify and release the payments along with withhold fund, FSD amount and EMD amount due and payable to the petitioner as expeditiously as possible, preferably within a period of six
(06) weeks from the date of receipt of a copy of this order. There shall be no order as to costs.
7. Pending miscellaneous petitions, if any, shall stand closed.
____________________ JUSTICE HARINATH.N Date: 09.07.2026 KK
Whether the order is: Speaking
Reasoned ☑ Reportable
Non-reportable ☑
THE HONOURABLE SRI JUSTICE HARINATH.N
WRIT PETITION NO: 9227 OF 2026
Date: 09.07.2026
KK