BharatTaxGST

J. Radha Krishna vs. The State Of Andhra Pradesh

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WP/4976/2026HC Andhra PradeshGSTCNR APHC01007698202615 June 2026Bench: K SREENIVASA REDDY6 pages
For Petitioner: ANNAMNEEDI BALAKRISHNAFor Respondent: GP FOR PANCHAYAT RAJ RURAL DEV, MALLIKHARJUNA MOORTHY K (SC FOR A.P HOUSING, CORPORATION LIMITED), GP FOR FINANCE PLANNING

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Cause title — parties, addresses and appearances
APHC010076982026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] TUESDAY,THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE K. SREENIVASA REDDY WRIT PETITION NO: 4976/2026 Between: 1. J. RADHA KRISHNA,, S/O. J. NAGESWARA RAO AGED ABOUT 50 YEARS, R/O. D.NO. 2/30, GOLLAPALEM, CHINAPURAM, KRISHNA DISTRICT - 521001. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, THULLUR MANDAL, GUNTUR DISTRICT - 522237. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY FINANCE DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATI, THULLUR MANDAL, GUNTUR DISTRICT - 522237. 3. THE A P STATE HOUSING CORPORATION LTD, 2ND FLOOR, SP RIVER VIEW BUILDING, TADEPALLI, AMARAVATI, REP. BY ITS MANAGING DIRECTOR - 522501. 4. THE DISTRICT COLLECTOR, MACHILIPATNAM, KRISHNA DISTRICT - 521001. 5. THE ENGINEERINCHIEF, PANCHAYAT RAJ DEPARTMENT, VIJAYAWADA, NTR DISTRICT-520001. 6. THE SUPERINTENDENT ENGINEER, PANCHAYAT RAJ DEPARTMENT, VIJAYAWADA NTR DISTRICT-520001. 7. THE EXECUTIVE ENGINEER, PRI DIVISION, MACHILIPATNAM, KRISHNA DISTRICT - 521001. ...RESPONDENT(S): 2 SRK,J WP.No.4976 of 2026 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 an appropriate 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 payments of Rs. 80,00,000/-, even after finalizing the bills, payable to the petitioner in relation to the works for 1) Amount of Rs. 40,00,000/-, for the work Land Levelling 1st stage in YSR Jagananna Housing Colony in 18th Ward Gilakaladindi Block -II layout in Machilipatnam (Urban) (Layout ID068118LA000776) Part-3, 2) Amount of Rs. 40,00,000/-, for the work Land Levelling 1st stage in YSR Jagananna Housing Colony in 18th Ward Gilakaladindi Block -II layout in Machilipatnam (Urban) (Layout ID068118LA000776) Part-4 under Non-OTS Critical Infrastructure Grant, is as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondent authorities to release Rs. 80,00,000/- PLUS GST forthwith for the above said works executed by the petitioner and pass such 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 may be pleased to direct respondents to consider for payment of amount of Rs. 80,00,000/- + GST for the works executed by the petitioner for Filling of Low-lying Lands in YSR Jagananna layout colonies of Krishna District i.e., pending disposal of the main Writ Petition and pass such Counsel for the Petitioner: 1. ANNAMNEEDI BALAKRISHNA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. MALLIKHARJUNA MOORTHY K (SC FOR A.P HOUSING CORPORATION LIMITED) 3. GP FOR FINANCE PLANNING The Court made the following: 3 SRK,J WP.No.4976 of 2026

O R D E R

This Writ Petition is filed seeking the following relief:

“….to issue an appropriate 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 payments of Rs. 80,00,000/-, even after finalizing the bills, payable to the petitioner in relation to the works for 1) Amount of Rs. 40,00,000/-, for the work Land Levelling 1st stage in YSR Jagananna Housing Colony in 18th Ward Gilakaladindi Block -II layout in Machilipatnam (Urban) (Layout ID068118LA000776) Part-3, 2) Amount of Rs. 40,00,000/-, for the work Land Levelling 1st stage in YSR Jagananna Housing Colony in 18th Ward Gilakaladindi Block -II layout in Machilipatnam (Urban) (Layout ID068118LA000776) Part-4 under Non-OTS Critical Infrastructure Grant, is as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondent authorities to release Rs. 80,00,000/- PLUS GST forthwith for the above said works executed by the petitioner and pass such other order…”

2.

Heard learned counsel for the petitioner and learned Assistant Government Pleader for Panchayat Raj and Rural Development.

3.

The petitioner claims to be a registered contractor and that he was entrusted with various works of the Panchayat Raj Department and the Roads & Buildings Department on a tender basis. It is its case that it was awarded contract for execution of works viz. (1) Land Levelling 1st stage in YSR Jagananna Housing Colony in 18th Ward Gilakaladindi Block -II layout in Machilipatnam (Urban) (Layout ID068118LA000776) Part-3, (2) Land Levelling 1st stage in YSR Jagananna Housing Colony in 18th Ward Gilakaladindi Block -II layout in Machilipatnam

(Urban) (Layout ID068118LA000776) Part-4. It is the case of the petitioner that he deposited the requisite security amount and executed the works to the satisfaction of the authorities concerned, and upon completion of the works, the concerned respondents measured the same and recorded the measurements in the Measurement Books, and the value of the work was assessed at Rs.80,00,000/-.

4.

It is the grievance of the petitioner that notwithstanding the completion of the works and its measurement by the competent authorities, the amount due towards the executed works has not been paid till date. According to the petitioner, although the works were completed, the respondent authorities have not released the admitted amount payable to him. Aggrieved by the non- payment of the said amount, the petitioner filed the present Writ Petition.

5.

Learned Assistant Government Pleader for Panchayat Raj and Rural Development, on written instructions, from the Executive Engineer, PRI Division, Machilipatnam-7th respondent, submits that there is no dispute with regard to the execution of the works. According to her, the petitioner is entitled to an amount of Rs.66,81,226/- after statutory deductions aggregating to Rs.10,65,107/-, and out of the said amount, an amount of Rs.35,76,275/- has already been paid to the petitioner and that proposals for release of balance amount of Rs.31,04,951/- were submitted to the concerned. The written instructions are placed on record.

6.

Having regard to the fact that there is no dispute with regard to the works executed by the petitioner and the amount payable to him, and in view of the submissions of the learned Assistant Government Pleader for Panchayat Raj and Rural Development, the respondent authorities are directed to pay a sum of Rs.31,04,951/- (Rupees Thirty One Lakhs Four Thousand Nine Hundred and Fifty One only) to the petitioner within a period of eight (8) weeks from the date of receipt of a copy of this order.

7.

Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.

As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition, shall stand closed.

_____________________________ JUSTICE K. SREENIVASA REDDY Date: 16.06.2026. MS HON’BLE SRI JUSTICE K. SREENIVASA REDDY

Writ Petition No:4976 of 2026 Date: 16.06.2026

MS

Reproduced from the public record of the Andhra Pradesh High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.