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High Court of Andhra Pradesh · body

2023 DAILYLAW 2201 (AP)

K V R CONSTRUCTIONS v. THE STATE OF AP

WP/14214/2023 · 2026-06-21

K Sreenivasa Reddy

body2023

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010277552023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] MONDAY,THE TWENTY SECOND DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE K. SREENIVASA REDDY WRIT PETITION NO: 14214/2023 Between: 1. K V R CONSTRUCTIONS, D.NO. 1-36/6, YSR STREET, UBALANKA ROAD, NEAR ANKALAMMA TEMPLE, RAVULAPALEM VILLAGE AND MANDAL, DR. B.R. AMBEDKAR KONASEEMA DISTRICT. REP.BY ITS MANAGING PARTNER KOVVURI VEERREDDY, S/O. SURREDDY. 2. KOVVURI VEERREDDY, S/O. SURREDDY, AGED 55 YEARS, OCC. CONTRACTOR, R/O. D.NO. 1-36/6, YSR STREET, UBALANKA ROAD, NEAR ANKALAMMA TEMPLE, RAVULAPALEM VILLAGE AND MANDAL, DR. B.R. AMBEDKAR KONASEEMA DISTRICT ...PETITIONER(S) AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, THULLUR MANDAL, AMARAVATHI, GUNTUR DISTRICT. 2. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, THULLUR MANDAL, GUNTUR DISTRICT. 3. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, NH-16, TADEPALLI, GUNTUR DISTRICT. 2 SRK, J WP.No.14214 of 2023 4. THE ENGINEERINCHIEF, PANCHAYAT RAJ, Z.P.COMPOUND, OPPOSITE TO PWD GROUNDS, M.G.ROAD, VIJAYAWADA. 5. THE DIRECTOR OF WORKS AND ACCOUNT OFFICER, ANJANEYA TOWERS, IBRAHIMPATNAM, KRISHNA DISTRICT. 6. THE DISTRICT COLLECTOR, , ELURU DISTRICT, ELURU. 7. SUPERINTENDING ENGINEER, PANCHAYAT RAJ CIRCLE, ELURU, ELURU DISTRICT. 8. EXECUTIVE ENGINEER, PANCHAYAT RAJ PRI DIVISION, ELURU, ELURU DISTRICT. ...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 or any other appropriate writ or direction declaring the action of the respondents in withholding the payment of balance of Rs. 6,41,686/- and Rs. 3,93,626/- even after finalizing the bills, payable to the petitioner in relation to the work i.e i) Improvements to the Road from Vegighadu R and B Road to Kondayyapalem in Tanuku for an amount of Rs. 6,41,686 andii) Improvements to the Road from Duvva to Kondayyapalem for an amount of Rs. 3,93,626 under PRR SCC Grant as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondents to consider for payment of amount of Rs. 6,41,686/-and Rs. 3,93,626/- to the petitioners in respect of execution of above-mentioned work forthwith and pass IA NO: 1 OF 2023 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 respondents to consider for payment of amount of Rs. 6,41,686/- and Rs. 3,93,626/- to the petitioners in respect of execution of work i.e., i) Improvements to the Road from Vegighadu R and B Road to Kondayyapalem in Tanuku for an amount of Rs. 6,41,686/- and ii) Improvements to the Road from Duvva to Kondayyapalem for an amount of Rs. 3,93,626/-forthwith pending disposal of the main Writ Petition and pass 3 SRK, J WP.No.14214 of 2023 Counsel for the Petitioner(S): 1. RAMBABU KOPPINEEDI Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING 2. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: 4 SRK, J WP.No.14214 of 2023 O R D E R This Writ Petition is filed seeking the following relief: “….to issue a 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 withholding the payment of balance of Rs. 6,41,686/- and Rs. 3,93,626/- even after finalizing the bills, payable to the petitioner in relation to the work i.e (i) Improvements to the Road from Vegighadu R & B Road to Kondayyapalem in Tanuku for an amount of Rs. 6,41,686/- and (ii) Improvements to the Road from Duvva to Kondayyapalem for an amount of Rs. 3,93,626/- under PRR SCC Grant as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondents to consider for payment of amount of Rs. 6,41,686/- and Rs. 3,93,626/- to the petitioners in respect of execution of above-mentioned work forthwith and pass such other order…” 2. Heard learned counsel for the petitioners and learned Assistant Government Pleader for Panchayat Raj and Rural Development. 3. 2nd petitioner claims to be Managing Partner of 1st petitioner firm, which is entrusted with various works of the Panchayat Raj Department and the Roads & Buildings Department on a tender basis. It is the case of petitioners that 1st petitioner was awarded contract for execution of works viz. “(i) Improvements to the Road from Vegighadu R & B Road to Kondayyapalem in Tanuku for an amount of Rs.6,41,686/- and (ii) Improvements to the Road from Duvva to Kondayyapalem for an amount of Rs. 3,93,626/- under PRR SCC Grant. It is their case that the 1st petitioner 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 for Rs.6,41,686/- to 1st work and Rs.3,93,626/- to 2nd work respectively. 5 SRK, J WP.No.14214 of 2023 4. It is the grievance of petitioners 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. Aggrieved by the non- payment of the said amount, the petitioners filed the present Writ Petition. 5. Learned Assistant Government Pleader for Panchayat Raj and Rural Development submits that there is no dispute regarding the execution of the work by the petitioners. She further submits that, after statutory deductions of Rs.4,58,403/-, the petitioners became entitled to a net amount of Rs.10,41,084/- (Rs.6,47,458/- + Rs.3,93,626/-), which was paid on 30.03.2024 and 13.01.2025 respectively to the petitioners. 6. Having regard to the fact that there is no dispute regarding the execution of the work by the petitioners and that the net amount of Rs.10,41,084/- has already been paid, which fact is also admitted by the petitioners, no further orders are required in the present Writ Petition. 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: 22.06.2026. MS 6 SRK, J WP.No.14214 of 2023 HON’BLE SRI JUSTICE K. SREENIVASA REDDY Writ Petition No:14214 of 2023 Date: 22.06.2026 MS