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2025 DAILYLAW 11322 (AP)

M/s. Sri Venkateswara Constructions v. The State of AP,

WP/6790/2025 · 2025-07-15

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010130152025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE SIXTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 6790 OF 2025 Between: M/s. Sri Venkateswara Constructions, Rep by its Managing Partner, Chereddy Venkateswara Reddy, S/o. Chereddy Rami Reddy, R/o. D.No.9-114/1, Nehru Nagar, Kandulapuram Village, Village, Cumbum Mandal, Prakasam District. ...Petitioner AND 1. The State of AP, Rep. by its Principal Secretary Finance and Planning Department, Secretariat Buildings, Velagapudi Amaravathi, Guntur District. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and Urban Development Department A.P. Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 3. The District Collector, Kadapa, YSR Kadapa District. 4. The District Collector, Ananthapuram, Anathapuram District. 5. The Superintendent Engineer, Public Health, Ananthapuram District. 6. The Executive Engineer, Public Health, Kadapa District. 7. The Assistant Pay and Accounts Officer, The Assistant Pay and Accounts Officer (Works and Accounts), Anathapuram District. ...Respondents r 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 topleased to issue Writ or Order or a direction, more particularly in the form of writ of mandamus, declaring the action of the Respondents in not making payment of Rs.5,76,36,654/- (Rupees Five Cross Seventy Six Lakhs Thirty Six Thousand Six Hundred and Fifty Four only) due to the petitioner for the execution of works under Public Health Circle, Anathapuram Providing of BT Roads in Mydukur Municipality vide Agreement dated 10.08.2023 highly illegal, irregular, arbitrary, unreasonable, unjustified, unfair and i violation of the Article 14, 19 and 21 of the Constitution of India consequently direct the Respondents to make the payment of aforementioned amount forthwith along with interest at 24 percent P.A., to the petitioner and pass , as in and lA NO: 1 OF 2Q2fi 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 direct the Respondents to pay an amount Rs.5,76,36,654/- (Rupees Five Cross Seventy Six Lakhs Thirty Six Thousand Six only) due to the petitioner for the execution of Circle, Anathapuram - Providing of BT Roads in Mydukur Municipality” vide Agreement dated 10.08.2023, pending disposal of WP. No of 2025 before Hon’ble Court. No of 2025 before Hon’ble Court. Counsel for the Petitioner: SRI S DUSHYANTH REDDY Counsel for the Respondent No. 1 : GP FOR FINANCE PLANNING Counsel for the Respondent Nos. 2, 5 to 7: GP MUNCIPAL ADMN AND URBAN DEV AP Counsel for the Respondent Nos.3 and 4: GP FOR REVENUE The Court made the following order: Hundred and Fifty Four works under “Public Health this APHC010130152025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE SIXTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 6790/2025 Between: 1.M/S. SRI VENKATESWARA CONSTRUCTIONS, REP BY ITS MANAGING PARTNER S/0. CHEREDDY RAMI REDDY, R/0. D.NO.9-114/1, NEHRU NAGAR KANDULAPURAM VILLAGE, VILLAGE, PRAKASAM DISTRICT. CHEREDDY VENKATESWARA REDDY, CUMBUM MANDAL, ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY FINANCE AND PLANNING DEPARTMENT, VELAGAPUDI AMARAVATHI, GUNTUR DISTRICT. SECRETARIAT BUILDINGS, 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL MUNICIPAL ADMINISTRATION AND URBAN SECRETARY, DEVELOPMENT DEPARTMENT A.P. SECRETARIAT BUILDINGS VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3.THE DISTRICT COLLECTOR, KADAPA, YSR KADAPA DISTRICT. 4.THE DISTRICT COLLECTOR, ANANTHAPURAM, ANATHAPURAM DISTRICT. 5.THE SUPERINTENDENT ENGINEER, , ANANTHAPURAM DISTRICT. 6.THE EXECUTIVE ENGINEER, PUBLIC HEALTH, KADAPA DISTRICT. 7.THE ASSISTANT PAY AND ACCOUNTS OFFICER, THE ASSISTANT PUBLIC HEALTH, 2 PAY AND ACCOUNTS OFFICER (WORKS AND ACCOUNTS), ANATHAPURAM DISTRICT. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the Fligh Court may be pleased topleased to issue Writ or Order or a direction, more particularly in the form of writ of mandamus, declaring the action of the Respondents in not making payment of Rs.5,76,36,654/- (Rupees Five Cross Seventy Six Lakhs Thirty Six Thousand Six Hundred and Fifty Four only) due to the petitioner for the execution of works under Public Health Circle, Anathapuram Providing of BT Roads in Mydukur Municipality vide Agreement dated 10.08.2023, as highly illegal, irregular, arbitrary, unreasonable, unjustified, unfair and in violation of the Article 14, 19 and 21 of the Constitution of India and consequently direct the Respondents to make the payment of aforementioned amount forthwith along with interest at 24 percent P.A., to the petitioner and pass lA NO; 1 OF 2025 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 pay an amount Rs.5,76,36,654/- (Rupees Five Cross Seventy Six Lakhs Thirty Six Thousand Six Hundred and Fifty Four only) due to the petitioner for the execution of works under “Public Health Circle, Anathapuram - Providing of BT Roads in Mydukur Municipality” vide Agreement dated 10.08.2023, pending disposal of WP. No of 2025 before this Hon’ble Court. Counsel for the Petitioner: 1.S DUSHYANTH REDDY Counsel for the Respondent(S): 1.GP FOR REVENUE 2.GP FOR FINANCE PLANNING 3. GP MUNCIPAL ADMN AND URBAN DEV AP 3 The Court made the following Order: Learned counsel for the petitioner submits that the petitioner has executed the works entrusted by the 2"^^ respondent and completed the construction work of BT Roads vide Agreement No.32/2023-2024, dated 10.08.2023 to the satisfaction of the respondent authorities. The work was also certified and Quality Control Certificate was also issued. However, the respondents have not released the payments due payable to the petitioner. Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Finance and Planning, for the 1®* respondent, the learned Assistant Government Pleader for Municipal Administration and Urban 2. Development, for the respondents 2, 5 to 7 and the learned Assistant Government Pleader for Revenue, for the respondents 3 and 4. Considering the submissions, there shall be a direction to the respondents 2 to 4 to verify and release the payments due payable to the petitioner as expeditiously as possible preferably within a period of eight (08) weeks from the date of receipt of a copy of this order. Accordingly, the Writ Petition is disposed of. No costs. 3. 4. Pending miscellaneous petitions, if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR 5. //TRUE COPY// ir- se SECTION OFFICER To, 1. The Principal Secretary Finance and Planning Department, State of AP, Secretariat Buildings, Velagapudi Amaravathi, Guntur District. 2. The Principal Secretary, Municipal Administration and Urban Development Department, State of Andhra Pradesh, A.P. Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 3. The District Collector, Kadapa, YSR Kadapa District. 4. The District Collector, Ananthapuram, Anathapuram District. 5. The Superintendent Engineer, , Public Health, Ananthapuram District. 6. The Executive Engineer, Public Health, Kadapa District. 7. The Assistant Pay and Accounts Officer, The Assistant Pay and Accounts Officer (Works and Accounts), Anathapuram District. 8. One CC to Sri. S Dushyanth Reddy Advocate [OPUC] 9. One CC to Sri. G Lakshmi Narayana, SC for Municipalities [OPUC] Two CCs to GP for Revenue High Court of Andhra Pradesh 10. [OUT] 11. Two CCs to GP for Finance Planning, High Court of Andhra Pradesh [OUT] Two CCs to GP for Municipal Admin and Urban Development, High Court of Andhra Pradesh [OUT] Two CD Copies 12. 13. GSC HIGH COURT DATED:16/07/2025 i ORDER WP NO. 6790 OF 2025 r g I; ^ Current Section DISPOSING THE WP WITHOUT COSTS