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1916 DAILYLAW 3 (AP)

M/s SRI KRISHNA ENVIRO ENGINEERS v. THE STATE OF ANDHRA PRADESH

WP/1916/2026 · 2026-04-09

Gannamaneni Ramakrishna Prasad

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Judgment text

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APHC010028332026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] FRIDAY, THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NOS: 1916, 2111 & 2116 OF 2026 WRIT PETITION NO: 1916 OF 2026 Between: 1. M/S SRI KRISHNA ENVIRO ENGINEERS, REP.BY ITS MANAGING PARTNER, D. KRISHNA MOORTHY, S/O. VENKATESWARLU, AGED ABOUT 62 YEARS, OCC CONTRACTOR, R/O. D.NO. 272/A, LST FLOOR, MLA COLONY, ROAD NO. 12, BANJARA HILLS, HYDERABAD. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT 522 238 2. THE MANGALAGIRI TADEPALLI MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, MANGALAGIRI, GUNTUR DISTRICT. 522 503 3. THE SUPERINTENDING ENGINEER FAC, MANGALAGIRI TADEPALLI, MUNICIPAL CORPORATION, MANGALAGIRI, GUNTUR DISTRICT. 522 503 4. MUNICIPAL ENGINEER, MANGALAGIRI TADEPALLI, MUNICIPAL CORPORATION, MANGALAGIRI, GUNTUR DISTRICT. 522 503 5. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 522 238 ...RESPONDENT(S): 2 Counsel for the Petitioner: 1. SURESH KUMAR REDDY KALAVA Counsel for the Respondent(S): 1. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) 2. GP MUNCIPAL ADMN AND URBAN DEV AP 3. GP FOR FINANCE PLANNING WRIT PETITION NO: 2111 OF 2026 Between: 1. M/S SRI KRISHNA ENVIRO ENGINEERS, REP.BY ITS MANAGING PARTNER, D. KRISHNA MOORTHY, S/O. VENKATESWARLU, AGED ABOUT 62 YEARS, OCC CONTRACTOR, R/O. D.NO. 272/A, UT FLOOR, MLA COLONY, ROAD NO. 12, BANJARA HILLS, HYDERABAD. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT 522 238 2. THE MANGALAGIRI TADEPALLI MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, MANGALAGIRI, GUNTUR DISTRICT. 522 503 3. THE SUPERINTENDING ENGINEER, 3. (FAC), MANGALAGIRI TADEPALLI, MUNICIPAL CORPORATION, MANGALAGIRI, GUNTUR DISTRICT. 522 503 4. MUNICIPAL ENGINEER, MANGALAGIRI TADEPALLI, MUNICIPAL CORPORATION, MANGALAGIRI, GUNTUR DISTRICT. 522 503 5. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 522 238 ...RESPONDENT(S): Counsel for the Petitioner: 1. SURESH KUMAR REDDY KALAVA 3 Counsel for the Respondent(S): 1. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) 2. GP MUNCIPAL ADMN AND URBAN DEV AP 3. GP FOR FINANCE PLANNING WRIT PETITION NO: 2116 OF 2026 Between: 1. M/S.SRI KRISHNA ENVIRO ENGINEERS, REP.BY ITS MANAGING PARTNER, D. KRISHNA MOORTHY, S/O. VENKATESWARLU, AGED ABOUT 62 YEARS, OCC CONTRACTOR, R/O. D.NO. 272/A, UT FLOOR, MLA COLONY, ROAD NO. 12, BANJARA HILLS, HYDERABAD. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT 522 238 2. THE MANGALAGIRI TADEPALLI MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, MANGALAGIRI, GUNTUR DISTRICT. 522 503 3. THE SUPERINTENDING ENGINEER, (FAC), MANGALAGIRI TADEPALLI, MUNICIPAL CORPORATION, MANGALAGIRI, GUNTUR DISTRICT. 522 503 4. MUNICIPAL ENGINEER, MANGALAGIRI TADEPALLI, MUNICIPAL CORPORATION, MANGALAGIRI, GUNTUR DISTRICT. 522 503 5. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 522 238 ...RESPONDENT(S): Counsel for the Petitioner: 1. SURESH KUMAR REDDY KALAVA Counsel for the Respondent(S): 1. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) 4 2. GP MUNCIPAL ADMN AND URBAN DEV AP 3. GP FOR FINANCE PLANNING The Court made the following: ORAL COMMON ORDER: Heard Sri P. Anand Surya, learned Counsel appearing on behalf of Sri Suresh Kumar Reddy Kalava, learned Counsel for the Writ Petitioners, Sri S. Vijaya Kumar, learned Counsel appearing on behalf of Sri A.S.C. Bose, learned Standing Counsel for Municipal Corporations and Ms. D. Nagachandrika, learned Assistant Government Pleader for Finance and Planning. 2. All the three Writ Petitions are involved in a common issue with regard to the money claim by the contractors after having executed the work. 3. Sri S. Vijaya Kumar, learned Counsel appearing on behalf of Sri A.S.C. Bose, learned Standing Counsel for Municipal Corporations has submitted the Written Instructions furnished by the Commissioner, Mangalagiri Tadepalli Municipal Corporation. Copy of the Written Instructions is also furnished to the learned Counsel for the Writ Petitioners. This Written Instructions are taken on record. 4. The Written Instructions would indicate that there is vigilance enquiry that is going on in respect of all contractual works relating to all works done between 2019-2024. The fact that the vigilance enquiry is pending is reflected from the Written Instructions furnished by the Commissioner, Mangalagiri Tadepalli Municipal Corporation. 5. Sri S. Vijaya Kumar, learned Counsel appearing on behalf of Sri A.S.C. Bose, learned Standing Counsel for Municipal Corporations has brought it to the notice to this Court that in the similar circumstances, the learned Single Judge of this Court vide Order dated 04.07.2025 in W.P.No.12525 of 2024 was pleased to issue certain directions by granting some time for payment of the amounts due. This Court has perused the conditions mentioned in Para 5 No.8 of the said Order. Having considered the same, the following directions are issued: i. The Writ Petitioners shall submit a security bond undertaking to reimburse the amount to the Respondent Corporation, if any on account of deficiency in the work or excess payment is made by the Respondent Corporation pursuant to the ongoing vigilance enquiry; ii. On furnishing of the security bond, the Respondent Authorities, particularly, Respondent Nos.2 and 5 are directed to complete the entire administrative process, both Inter-departmental and Intra- departmental by way of mutual cooperation and coordinaton, within a period of 10 weeks from the date of furnishing of security bond and transfer the amount to the bank account of the Writ Petitioners within three weeks thereafter; iii. Writ Petitioners are directed to submit the bank account details to the competent authority within three weeks from today for effecting such transfer. 6. With these above observations and directions, these Writ Petitions stand allowed. No order as to costs. 7. Interlocutory Applications, if any, stand closed in terms of this order. ______________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Date: 10.04.2026 BSK