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2025 DAILYLAW 14830 (AP)

SRI SANDEEP CONSTRUCTIONS v. THE STATE OF AP

WP/10092/2025 · 2025-07-15

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

8 .1 APHC010185672025 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 HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 10092 OF 2025 Between: M/s. Sri Sandeep Constructions, Sai Nagar Colony, Kollabelagum, Parvathipuram, Parvathipuram Manyam District, Rep. by Managing Partner, S. Sandeep Kumar, S/o Chinnam Naidu, Aged about 35 years, Occ: Contractor, Parvathipuram, Parvathipuram Manyam District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal and Urban Development Department, Secretariat Buildings, Velagapudi, Amaravathi. 2. The State of Andhra Pradesb, Rep. by its Principal Secretary, Finance Department, Secretariat Buildings, Velagapudi, Amaravathi. 3. The Commissioner and Director, Municipal and Urban Development Department, Government of Andhra Pradesh, 3,4,5 Floors, Prime Hill Crest, Vaddeswaram, Guntur District. 4. The Parvathipuram Municipality, Rep by its Commissioner, Parvathipuram, Parvathipuram District (Formerly Vizianagaram District) 5. The District Public Health Engineering Officer, Parvathipuram, Parvathipuram District (Formerly Vizianagaram District) 6. The Executive Engineer (FAC), Public Health division, Vizianagaram, VizianagaramDistrict. 7. The Deputy Executive Engineer, Parvathipuram Municipality Parvathipuram District (Formerly Vizianagaram District). ...Respondents 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 respondent authorities in withholding the admitted balance payment even after finalizing the bills, payable to the petitioner in relation to the works 1) laying of C.C. Road from Meruva Parvathis house to Gudia Srinu house in Ward No.6 of Parvathipuram Municipality, Parvathipuram Manyam District (erstwhile Vizianagaram District) vide Agreement No78/E1, Dt.14.03.2024, 2) laying of C.C. Road from Meruva Parvathis house to Gudia Srinu house in Ward No.6 of Parvathipuram Municipality, Parvathipuram Manyam District (erstwhile Vizianagaram District) vide Agreement No.130/E1, Dt.14.03.2024 and 3) construction of C.C. Drain and C.C. Road from Gunupuram Akkulu House to Gurnupuram Appala Narasamma's house in Chakali Belagam in Ward No. 16 of Parvathipuram Municipality, Parvathipuram Manyam District (erstwhile Vizianagaram District) vide Agreement No. 126/El, Dt.27.02.2024, as the same is illegal, arbitrary and violation of principles of natural justice and violation of Article 14, 19 and 21 of the Constitution of India consequently direct the respondents to release of admitted amount Rs. 16,70,000/- (Rs.4,10,000/- + Rs.4,00,000/- and Rs.8,60,000) (Rupees Sixteen Lakhs, Seventy Thousand Only) with interest to the petitioner firm and other reliefs. 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 to direct the respondents to release of admitted amount Rs. 16,70,000/- (Rs.4,10,000/- + Rs.4,00,000/- and Rs.8,60,000) (Rupees Sixteen Lakhs, Seventy Thousand Only) together with interest to the petitioner towards execution of three works i.e. 1) laying of C.C. Road from Meruva Parvathi’s house to Gudia Srinu’ house in Ward No.6 of Parvathipuram Municipality, Parvathipuram Manyam District (erstwhile Vizianagaram District) vide Agreement No78/E1, Dt.14.03.2024, 2) laying of C.C. Road from Meruva Parvathi’s house to Gudia Srinu’ house in Ward No.6 of Parvathipuram Municipality, Parvathipuram Manyam District (erstwhile Vizianagaram District) vide Agreement No.130/E1, Dt.14.03.2024 and 3) construction of C.C. Drain and C.C. Road from Gunupuram Akkulu House to Gurnupuram Appala Narasamma’s house in Chakali Belagam in Ward No. 16 of Parvathipuram Municipality, Parvathipuram Manyam District forthwith, pending disposal of the main writ petition. Counsel for the Petitioner: SRI BONU RAMA SHANKAR RAO Counsel for the Respondent Nos. 1, 3, 5 to 7: GP MUNCIPAL ADMN AND URBAN DEV Counsel for the Respondent No.2: GP FOR FINANCE & PLANNING Counsel for the Respondent No.4: SMT. SIREESHA RANI VALLABHANENI (SC FOR MUNICIPALITIES) The Court made the following order: APHC010185672025 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: 10092/2025 Between: 1.SRI SANDEEP CONSTRUCTIONS, SAI NAGAR COLONY, KOLLABELAGUM, PARVATHIPURAM, PARVATHIPURAM MANYAM DISTRICT, REP. BY MANAGING PARTNER, S. SANDEEP KUMAR, S/0 CHINNAM NAIDU CONTRACTOR, PARVATHIPURAM, PARVATHIPURAM MANYAM DISTRICT. AGED ABOUT 35 YEARS, OCC ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI,AMARAVATHI. 3.THE COMMISSIONER AND DIRECTOR, MUNICIPAL AND URBAN DEVELOPMENT DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, 3,4,5 FLOORS, PRIME HILL CREST, VADDESWARAM, GUNTUR DISTRICT. 4. THE PARVATHIPURAM MUNICIPALITY, REP BY ITS COMMISSIONER, PARVATHIPURAM , PARVATHIPURAM DISTRICT (FORMERLY VIZIANAGARAM DISTRICT) 5.THE DISTRICT PUBLIC HEALTH ENGINEERING OFFICER, PARVATHIPURAM, PARVATHIPURAM DISTRICT (FORMERLY VIZIANAGARAM DISTRICT) 6.THE EXECUTIVE ENGINEER FAC, PUBLIC HEALTH DIVISION, VIZIANAGARAM, VIZIANAGARAMDISTRICT. 7.THE DEPUTY EXECUTIVE ENGINEER, PARVATHIPURAM MUNICIPALITY, PARVATHIPURAM DISTRICT (FORMERLY VIZIANAGARAM 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 topleased to issue a writ order or direction, more particularly one in the nature of writ of Mandamus, declaring the action of the respondent authorities in withholding the admitted balance payment even after finalizing the bills, payable to the petitioner in relation to the works 1) laying of C.C. 2 Road from Meruva Parvathis house to Gudia Srinu house in Ward No.6 of Parvathipuram Municipality, Parvathipuram Manyam District (erstwhile Vizianagaram District) vide Agreement No78/E1, Dt.14.03.2024, 2) laying of C.C. Road from Meruva Parvathis house to Gudia Srinu house in Ward No.6 of Parvathipuram Municipality, Parvathipuram Manyam District (erstwhile Vizianagaram District) vide Agreement No. 130/E 1, Dt.14.03.2024 and 3) construction of C.C. Drain and C.C. Road from Gunupuram Akkulu House to Gurnupuram Appala Narasamma's house in Chakali Belagam in Ward No.16 of Parvathipuram Municipality, Parvathipuram Manyam District (erstwhile Vizianagaram District) vide Agreement No. 126/El, Dt.27.02.2024, as the same is illegal, arbitrary and violation of principles of natural justice and violation of Article 14, 19 and 21 of the Constitution of India consequently direct the respondents to release of admitted amount Rs. 16,70,000/- (Rs.4,10,000/- plus Rs.4,00,000/- and Rs.8,60,000) (Rupees Sixteen Lakhs, Seventy Thousand Only) with interest to the petitioner firm and other reliefs 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 release of admitted amount Rs. 16,70,000/- (Rs.4,10,000/- + Rs.4,00,000/- and Rs.8,60,000) (Rupees Sixteen Lakhs, Seventy Thousand Only) together with interest to the petitioner towards execution of three works i.e. 1) laying of C.C. Road from Meruva Parvathi’s house to Gudia Srinu’ house in Ward No.6 of Parvathipuram Municipality, Parvathipuram Manyam District (erstwhile Vizianagaram District) vide Agreement No78/E1, Dt.14.03.2024, 2) laying of C.C. Road from Meruva Parvathi’s house to Gudia Srinu’ house in Ward No.6 of Parvathipuram Municipality, Parvathipuram Manyam District (erstwhile Vizianagaram District) vide Agreement No.130/El, Dt.14.03.2024 and 3) construction of C.C. Drain and C.C. Road from Gunupuram Akkulu House to Gurnupuram Appala Narasamma’s house in Chakali Belagam in Ward No. 16 of Parvathipuram Municipality, Parvathipuram Manyam District forthwith, pending disposal of the main writ petition and pass Counsel for the Petitioner: 1. BOND RAMA SHANKAR RAO Counsel for the Respondent(S): 1 .GP MUNCIPAL ADMN AND URBAN DEV AP 2.GP FOR FINANCE PLANNING 3 The Court made the following Order: Learned counsel for the petitioner submits that the petitioner has completed the works entrusted by the respondent and also submitted final bills. The work entrusted by the petitioner was completed satisfactorily. Though the final bills were submitted, no amounts have been paid. Aggrieved by the same, the present Writ Petition is filed. Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Municipal Administration and Urban Development, for the respondents 1, 3, 5 to 7, the learned Assistant Government Pleader for Finance and Planning, for the 2'"'^ respondent and the learned Standing Counsel for 4“^ respondent. Considering the submissions, the respondents 3 and 4 are hereby directed to verify and release the payments due payable to the petitioner as expeditiously as possible preferably within a period of eight (8) weeks from the date of receipt of a copy of this order. Accordingly, the Writ Petition is disposed of. No costs. Pending miscellaneous petitions, if any, shall stand closed. 2. 3. 4. 5. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// a- SECTION OFFICER To, 1. The Principal Secretary, Municipal and Urban Development Department, Secretariat Buildings, Velagapudi, Amaravathi. 2. The Principal Secretary, Finance Department, Secretariat Buildings, Velagapudi, Amaravathi. 3. The Commissioner and Director, Municipal and Urban Development Department, Government of Andhra Pradesh, 3,4,5 Floors, Prime Hill Crest, Vaddeswaram, Guntur District. 4. The Commissioner, Parvathipuram Municipality, Parvathipuram, Parvathipuram District (Formerly Vizianagaram District) 5. The District Public Health Engineering Officer, Parvathipuram, Parvathipuram District (Formerly Vizianagaram District) 6. The Executive Engineer FAC, Public Health division, Vizianagaram, VizianagaramDistrict. 7. The Deputy Executive Engineer, Parvathipuram Municipality, Parvathipuram District (Formerly Vizianagaram District). 8. One CC to Sri Bonu Rama Shankar Rao, Advocate [OPUC] 9. One CC to Smt. Sireesha Rani Vallabhaneni (SC for Municipalities), Advocate [OPUC] 10. Two CCs to GP for Municipal Admn. & Urban Dev, High Court of Andhra Pradesh [OUT] 11. Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh [OUT] 12. Two CD Copies TF j HIGH COURT i DATED: 16/07/2025 ■i-' ORDER WP NO. 10092 OF 2025 DISPOSING OF THE W.P., WITHOUT COSTS