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2025 DAILYLAW 14436 (AP)

M/s. V.P.R. Constructions, v. The State of Andhra Pradesh,

WP/9126/2024 · 2025-09-08

V Sujatha

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 VS,J W.P.No.9126 of 2024 APHC010179822024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY,THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 9126/2024 Between: 1. M/S. V.P.R. CONSTRUCTIONS,, REP. BY ITS MANAGING PARTNER, SRI V. PARAMDHAMA REDDY, S/O. SUBRAMANYAM REDDY, AGED ABOUT 52YRS D.NO. 246, 2ND FLOOR, KAPU STREET, SULLURUPETA, NELLORE, NELLORE DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF IRRIGATION (WRD) , SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE CHIEF ENGINEER, NTR, TELUGU GANGA PROJECT, TIRUPATI, TIRUPATI DISTRICT. 3. THE SUPERINTENDING ENGINEER, TELUGU GANGA PROJECT AND GALERU NAGARI SUKALA SRAVANTHI CIRCLE TIRUPATI, TIRUPATI DISTRICT. 4. THE EXECUTIVE ENGINEER, NTR - TELUGU GANGA PROJECT, SRIKALAHASTHI, TIRUPATI DISTRICT. 5. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2 VS,J W.P.No.9126 of 2024 ...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 topleased to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents in withholding the payment of Rs.27,89,411/- even after finalizing the bills, payable to the petitioner in relation to the work i.e., Providing Inspection Road with BT From KM 147.420 (plus)0.600 to KM 147.885 on Left side bank of S.S.G. Canal vide Agreement No.08SE/2016 - 17, Dt.03.02.2017/ TGPand GNSS.C/ TPT/DB/JTO-1/Dt 04.08.2016 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to consider for payment of Rs.24,60,232/- with interest @12percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith and pass IA NO: 1 OF 2024 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 Rs.27,89,411/- with interest @12% per annum for the delayed amount to the petitioner in respect of execution of work i.e., “Providing Inspection Road with BT From KM 147.420 (+)0.600 to KM 147.885 on Left side bank of S.S.G. Canal” vide Agreement No.08SE/2016-1 7, Dt.03.02.2017/TGP8EGNSS.C/TPT/DB/JTO- 1/Dt 04.08.2016 forthwith, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. SURESH KUMAR REDDY KALAVA Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING 2. GP FOR IRRIGATION COMM AREA DEV The Court made the following: 3 VS,J W.P.No.9126 of 2024 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 9126/2024 ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “…to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents in withholding the payment of Rs.27,89,411/- even after finalizing the bills payable to the petitioner in relation to the work i.e., “Providing Inspection Road with BT From KM 147.420 (+) 0.600 to KM 147.885 on Left side bank of S.S.G. Canal” vide Agreement No.08SE/2016-17, Dt.03.02.2017/TGP&GNSS.C/ TPT/DB/JTO- 1/Dt.04.08.2016 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to consider for payment of Rs.24,60,232-/ with interest @12% per annum for the delayed amount to the petitioner in respect of execution of abovementioned work forthwith…” 2. Today, when the matter came up for hearing, learned Assistant Government Pleader for Irrigation furnished a copy of instructions of the Executive Engineer(FAC), NTR TGP Division, Srikalahasti, vide Lr.No.EE/NTR TGP DIVN/SKHT/AB/A2, dated 10.07.2025, wherein it is stated that the first and second part bills were already paid to the petitioner. However, the third and final bill was prepared for an amount of Rs.26,90,117/-, is ready to upload in CFMS portal. But the Government has recently instructed to present the bills in Nidhi Portal instead of CFMS Portal, which caused some delay in uploading the petitioner’s third and final bill. 3. As the amounts payable to the petitioner are already admitted by the respondents, the Writ Petition is disposed of, directing the respondents to 4 VS,J W.P.No.9126 of 2024 clear the amount payable to the petitioner to a tune of Rs.26,90,117/-, within a period of three (03) months from the date of receipt of the copy of this order. No costs. Consequently miscellaneous applications pending, if any, in the Writ Petition, shall also stand closed. ___________________ JUSTICE V.SUJATHA Date : 09.09.2025 JLV 5 VS,J W.P.No.9126 of 2024 546 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 9126/2024 Dt.09.09.2025 JLV