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2025 DAILYLAW 14938 (AP)

MARUTHI CONSTRUCTIONS v. THE STATE OF ANDHRA PRADESH

WP/9908/2025 · 2025-07-22

Harinath N

body2025

Judgment text

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APHC010187552025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 9908/2025 Between: 1. MARUTHI CONSTRUCTIONS, REP BY ITS MANAGING PARTNER,B.TRIVIKRAM, S/O.BRK MURTHY, AGED ABOUT 50 YEARS, OCC CONTRACTOR, R/O. D.NO.54-14/1-9/5, BHARATHI NAGAR, VIJAYAWADA, KRISHNA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION, AND URBAN DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, VADDESWARAM, MANGALAGIRI BYPASS, GUNTUR, ANDHRA PRADESH. 3. THE COMMISSIONER, THE VIJAYAWADA MUNICIPAL CORPORATION, VIJAYAWADA, KRISHNA DISTRICT. 4. THE CHIEF ENGINEER, O/O MUNICIPAL CORPORATION, VIJAYAWADA. THE EXECUTIVE ENGINEER - II, MUNICIPAL CORPORATION, VIJAYAWADA. 5. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE SS PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2 6. THE UNION OF INDIA, REP. BY ITS SECRETARY, MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE, INDIRA PARYAVARAN BHAVAN, JOR BAGH ROAD, NEW DELHI-110 003. ...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 3RD and part Bill an amount of Gross Rs. 1,03,00,960.07/- in Net Rs.97,01,594.07/- (vide CFMS No.2024-743613) even after finalizing the bills, payable to the petitioner in relation to the work i.e., Providing End to End paver blocks 86 road widening with BT Hot mix process to Nuzvid Road vide Agreement No.32/2022-23, Dt.23.02.2023 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to consider for payment of Gross Rs. 1,03,00,960.07/- in Net Rs.97,01,594.07 /- (vide CFMS No.2024-743613) with interest @12Percent per annum for the delayed amount to the petitioner in respect of execution of above- mentioned work forthwith and pass s IA 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 please to direct the respondents to consider for payment of Gross Rs. 1,03,00,960.07/- in Net Rs.97,01,594.07/- (vide CFMS No.2024- 743613) with interest @12% per annum for the delayed amount to the petitioner in respect of execution of work i.e., “Providing End to End paver blocks 85 road widening with Bf Hot mix process to Nuzvid Road.”, vide Agreement No.32/2022-23, Dt.23.02.2023 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 MUNCIPAL ADMN AND URBAN DEV AP 2. GP FOR FINANCE PLANNING 3. S.V.S.S.SIVARAM SC For VMC 3 The Court made the following Order: Learned counsel for the petitioner submits that the petitioner has completed the works entrusted by the 3rd respondent-Corporation as per Agreement No.32/2022-2023, dated 23.02.2023 and submitted final bills and the same were uploaded in the CFMS Portal vide No.2024-743613. However, amounts have not been paid. Aggrieved by the same, the present Writ Petition is filed. 2. Heard the learned counsel for the petitioner; the learned Assistant Government Pleader for Municipal Administration and Urban Development, for the respondents 1 and 2; the learned Assistant Government Pleader for Finance and Planning, for the 6th respondent and the learned Standing Counsel for respondents 3 to 5. 3. Considering the submissions, the respondents 2 to 7 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. 4. Accordingly, the Writ Petition is disposed of. No costs. 5. Pending miscellaneous petitions, if any, shall stand closed. ______________________ JUSTICE HARINATH.N Date : 23.07.2025 BMS