M/s. Rudra Constructions, v. The State of Andhra Pradesh,
WP/11556/2025 · 2025-06-24
Nyapathy Vijay
body2025
DailyLaw.ai
[ 2025 DAILYLAW 16704 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 16704 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
t 4 / APHC010222192025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 11556 OF 2025 Between: M/s. Rudra Constructions, rep. by its Managing Director, G. Leela Kumar, S/o. G. Prabhakar, Aged about 41 years, Occ: Contractor, R/o. D.No. 20-2-265, Ground Floor, Konetimita, Mulapet, Nellore, Nellore District. ...Petitioner AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Municipal Administration Department, Velagapudi, Amaravathi, Thullur Mandal, Guntur District. Secretariat,
2. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Finance Department, Secretariat, Velagapudi, Amaravathi, Thullur Mandal, Guntur District. 3. The Director of works and Account Officer, Anjaneya Towers, Ibrahimpatnam, Krishna District. 4. The District Collector and District Magistrate, (MA and UD) SPSR Nellore, SPSR Nellore District. 5. The Commissioner and Director of Municipal Administration, Sri Krishna Enclave, Gorantia, Guntur, Guntur District. 6. The Executive Engineer, SPSR Nellore Municipal Corporation, SPSR Nellore District. V
7. The Deputy Executive Engineer, Municipal Corporation SPSR Nellore District. SPSR Nellore, ...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 not releasing the total due payments of Rs.29,57,254/- even after finalizing the bills, payable to the petitioner in relation to the works i.e., i) Agreement No. 310/2023-24, Dt. 12.01.2024 for Upgradation of CC road from Veda Sanskrutha Pathasala in Mulapet vide M.Book.No. 1560/23-24 for Rs.16,21, 329/2023-24, Dt.
30.01.2024 for Laying of CC Road to D.No. 24-1-363 434/-, ii) Agreement No. from Mallikarjunapuram to Koneru Approach Road at Konetimitta in Division No.40 vide M. Book No. 1767/23-24 for Rs.7,67,466/-, iii) Agreement No. 288/2023-24, Dt 04.01.2024 20-1-349 to D.No. 20-1-356 at 1768/2023-24 for for Upgradation of CC Road from D.No. Victoria Gardens in Division No: 39 vide M.Book.No. Rs.5,68,354/-, above (03) works was sanction under Gadapa Gadapaku Mana Prabhutvam (GGMP) Grant, total pending bills amount of Rs.29,57,254/- in Nellore Municipal Corporation through the Agreements and violative of Art 14 and 21 of Constitution ,as illegal, arbitrary of India and consequently direct the respondent authorities to release the pending bills total amount of pending bills forthwith for the above Rs.29,57,254/- with interest at 18% for the said works executed by the petitioner. lA NO: 1 OF 2n9fi Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court direct respondents to consider for pending bills of Rs.29, @ 18% for the works executed by the petitioner for the various works under may be pleased to 57,254/- with interest
V % Gadapa Gadapaku Mana Prabhutvam (GGMP) Grant, in Nellore Municipal Corporation through the Agreements forthwith, pending disposal of the main Writ Petition. Counsel for the Petitioner; SRI ANNAMNEEDI BALAKRISHNA Counsel for the Respondent Nos. 1 & 4: GP FOR MUNICIPAL DEV & URBAN DEV Counsel for the Respondent Nos. 2 & 3: GP FOR FINANCE & PLANNING Counsel for the Respondent Nos. 5 to 7: SRI A S C BOSE (SC FOR MUNICIPAL CORPORATIONS) The Court made the following: ORDER
i APHC010222192025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY ,THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 11556 OF 2025 Between: M/s. Rudra Constructions, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
1.ANNAMNEEDI BALAKRISHNA Counsel for the Respondent(S):
1.GP FORMUNCIPAL ADMN URBAN DEV 2.ASCBOSE 3.GP FOR FINANCE PLANNING The Court made the following:
THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 11556 OF 2025
ORDER: The present Writ Petition is filed questioning the action of the Respondents in not releasing the total due payments of Rs. 29,57,254/- even after finalizing the bills, payable to the petitioner in relation to the works i.e i) Agreement No.310/2023-24, dated 12.01.2024 for “Upgradation of C.C Road from Veda Sanskrutha Patasala to D.No.24-1-363 in Mulapet” vide M.Book No. 1560/23-24 for Rs. 16,21,434/- ii) Agreement No. 329/2023-24, dated 30.01.2024 for ‘Laying of CC Road from Mallikarjunapuram to Koneru Approach Road at Konetimitta in Division No.40” vide M.Book No. 1767/23-24 for R. 7,67,466/- iii) Agreement No.288/2023-24, dated 04.01.2024 for
“Upgradation of CC Road from D.No.20-1-349 to D.No.20-1-356 at Victoria Gardens in Division No.39 vide M.Book No. 1768/2023-24 for Rs. 5,68,354/- above three works was sanction under Gadapa Gadapaku Mana Prabhutvam (GGMP) Grant, total pending bills amount of Rs. 29,.57,254/- in Nellore Municipal Corporation through the Agreements as illegal and arbitrary.
2. The Respondents filed their Counter-Affidavits admitting the execution of work by the Petitioner. It is stated that due to non availability of funds under GGMP programme, the amounts could not be paid to the petitioner.
3. As there is no dispute with regard to execution of work and amount due to the petitioner, this Writ Petition is
disposed of directing the
4^ Respondents to pay the amount due to the Petitioner as admitted by the Respondents, within a period of four (04) months from the date of receipt of a copy of this
order. There shall be no
order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed.
Sd/- K. SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// OFFICER SEi To,
1. The Principal Secretary to Government, Municipal Administration Department, Secretariat, Velagapudi, Amaravathi, Thullur Mandal, Guntur District.
2. The Principal Secretary to Government, Finance Department, Secretariat, Velagapudi, Amaravathi, Thullur Mandal, Guntur District.
3. The Director of works and Account Officer, Anjaneya Towers, Ibrahimpatnam, Krishna District.
4. The District Collector and District Magistrate, (MA and UD) SPSR Nellore, SPSR Nellore District.
5. The Commissioner and Director of Municipal Administration, Sri Krishna Enclave, Gorahtia, Guntur, Guntur District.
6. The Executive Engineer, SPSR Nellore Municipal Corporation, SPSR Nellore District.
7. The Deputy Executive Engineer, Municipal Corporation, SPSR Nellore, SPSR Nellore District.
8. One CC to Sri Annamneedi Balakrishna, Advocate [OPUC]
9. Two CCs to GP for Muncipal Admn Urban Dev, High Court of A.P. [OUT]
10. One CC to Sri A S C Bose, SC for Municipal Corporations, Advocate [OPUC]
11. Two CCs to GP for Finance & Planning, High Court of A.P. [OUT]
12. Three CD Copies TF
P" HIGH COURT DATED:25/06/2025
ORDER WP 11556/2025 riHJUL 2025 I !/TI O' P!» DISPOSING OF THE W.P., WITHOUT COSTS