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2022 DAILYLAW 1737 (AP)

M/S. TIRUMALA CONSTRUCTIONS v. THE STATE OF ANDHRA PRADESH

WP/31214/2022 · 2026-07-09

Ravi Cheemalapati

body2022

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010508652022 IN THE HIGH COURT OF ANDHRA PRADESH FRIDAY, THE 10 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 31214/2022 Between: 1. M/S. TIRUMALA CONSTRUCTIONS, H.NO.24 SITA MANSION APARTMENTS, DNR COLLEGE ROAD, SREERAMPURAM BHIMAVARAM DISTRICT, REP. BY ITS MANAGING PARTNER, BYRRAJU VENKATA SUBBARAJU. 1. THE STATE OF ANDHRA PRADESH, SECRETARY, ROAD AND BUILDINGS DEPARTMENT, SECRETARIAT, VELAGAPUDI DIST. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT, VELAGAPUDI DIST. 3. THE CHIEF ENGINEER R AND B BUILDINGS, ADJACENT TO RTO OFFICE, M,G.ROAD, VIJAYAWADA 4. THE SUPERINTENDING ENGINEER R AND B, R AND B CIRCLE, COLLECTORATE COMPOUND, KAKINADA 5. THE EXECUTIVE ENGINEER RANDB, RA TO RDO OFFICE, CANAL ROAD, AMALAPURAM 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE 10th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 31214/2022 CONSTRUCTIONS, H.NO.24-10-23, FLAT NO.503, SITA MANSION APARTMENTS, DNR COLLEGE ROAD, SREERAMPURAM BHIMAVARAM-534201.WEST GODAVARI DISTRICT, REP. BY ITS MANAGING PARTNER, BYRRAJU VENKATA SUBBARAJU. ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, ROAD AND BUILDINGS DEPARTMENT, SECRETARIAT, VELAGAPUDI-522503. AMARAVATHI GUNTUR THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT, VELAGAPUDI-522503. AMARAVATHI GUNTUR THE CHIEF ENGINEER R AND B BUILDINGS, ADJACENT TO RTO OFFICE, M,G.ROAD, VIJAYAWADA-520010. THE SUPERINTENDING ENGINEER R AND B, R AND B CIRCLE, COLLECTORATE COMPOUND, KAKINADA-533001, THE EXECUTIVE ENGINEER RANDB, RANDB DIVISION, ADJACENT TO RDO OFFICE, CANAL ROAD, AMALAPURAM-533201. ...RESPONDENT(S): IN THE HIGH COURT OF ANDHRA PRADESH [3332] THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI 23, FLAT NO.503, SITA MANSION APARTMENTS, DNR COLLEGE ROAD, 534201.WEST GODAVARI DISTRICT, REP. BY ITS MANAGING PARTNER, BYRRAJU ...PETITIONER REP. BY ITS PRINCIPAL SECRETARY, ROAD AND BUILDINGS DEPARTMENT, 522503. AMARAVATHI GUNTUR THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, MARAVATHI GUNTUR THE CHIEF ENGINEER R AND B BUILDINGS, ADJACENT TO RTO THE SUPERINTENDING ENGINEER R AND B, R AND B CIRCLE, NDB DIVISION, ADJACENT 533201. ...RESPONDENT(S): 2 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 applying the price escalation clause and not processing the part/final payment of about Rs.10,00,000/- for the work executed i.e., construction of 3rd. Floor over the existing 4 court building complex at Amalapuram in East Godavari District pursuant to LS Agreement C.R.No.126/2018-19 Dt.30- 11-2018 and inspite lapse of EOT by 29-05-2021 and several representations submitted to the respondents including the representation Dt.14-10-2021 as illegal, arbitrary, violative and contrary to the principles of natural justice and consequently direct the respondents 1 to 4 to make part/final payments against works attended in respect of the above work and further direct for closure of the agreement in case of non-consideration of price escalation and grant such other just relief or reliefs IA NO: 1 OF 2022 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 For the reasons stated in the affidavit filed in support of the above Petition it is hereby prayed that his Hon'ble Court may be pleased to grant interim direction directing the respondents to process the part/final payment of about Rs.10,00,000/- for the works attended in respect of the work ie., construction of 3rd Floor over the existing 4 court building complex at Amalapuram in East Godavari District pending disposal of the main writ petition and grant such other just order or orders under the facts and circumstances of the case and in the interests of justice. Counsel for the Petitioner: 1. SRINIVASA RAO PAPPU Counsel for the Respondent(S): 1 . GP FOR ROADS BUILDINGS 2 . GP FOR FINANCE PLANNING 3 The Court made the following order: Sri Pappu Srinivasa Rao, learned counsel for the petitioner appearing through virtual mode, submits that the Writ Petition has become infructuous. Recording the said submission, the Writ Petition is dismissed as infrucutous. There shall be no order as to costs. As a sequel, all the pending miscellaneous applications are closed. ___________________________ JUSTICE RAVI CHEEMALAPATI Date: 10.07.2026 MP 4 11 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO:31214 of 2022 Date: 10.07.2026 MP