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2025 DAILYLAW 17156 (AP)

M/S Sri Sai Constructions v. State of Andhra Pradesh

WP/11934/2024 · 2025-08-29

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010232582024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) / SATURDAY, THE THIRTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 11934 OF 2024 Between: M/S Sri Sai Constructions, Rep by its Managing Partner, and contractor, D Ram Prasad S/o Narasimha Murthi, aged about 46 years, Occ. Contractor, R/o. H-No.2-277, Anjaneya Nagar,Ramanayyapeta (V), Kakinada Rural Kakinada District. (M) ...Petitioner AND 1. State of Andhra Pradesh, Rep by its Principal Secretary Municipal Administration and Urban Development Department Buildings, Velagapudi, Amaravati. Secretariat 2. The Commissioner and Director, Municipal Administration and Urban Development Department Government of Andhra Pradesh, Vijayawada NTR District. 3. The District Collector, Kakinada District, Kakinada. 4. The Municipal Corporation, Kakinada Rep by its Commissioner, Kakinada Town, Kakinada District. 5, The Superintendent Engineer, Municipal Corporation Kakinada District. 6. The Executive Engineer, Municipal Corporation Kakinada Distric Kakinada, , Kakinada 7. The State of Andhra Pradesh, Rep by its Principal Secretary, Finance and Planning Department Secretariat Buildings, Velagapudi, Amaravathi. ...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 to declaring the action on the part of the respondents herein, not releasing and pay the bill amounts worth of Rs. 16,34,069/- with interest to the petitioner even though total works were executed and completed as illegal, arbitrary and violation of Article 14, 16 and 21 of Constitution of India and Consequentially to direct the respondents to release and pay the bill amounts worth of Rs. 16,34,069/- with interest to the petitioner forthwith. lA 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 to direct the respondents to release and pay the bill amounts worth of Rs.16,34,069/- with interest to the petitioner forthwith, pending disposal of the above writ petition. Counsel for the Petitioner: M/S. SAMEERA BOKKA Counsel for the Respondent Nos. 4 to 6: SRI M KRISHNA RAO (SC FOR SKL VZM KKD MUNICIPAL CORPORATIONS) Counsel for the Respondent No. 7: GP FOR FINANCE & PLANNING Counsel for the Respondent Nos. 1 to 3: GP FOR MUNCIPAL ADMN URBAN DEV The Court made the following order: '1 r APHC010232582024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SMS [3457] SATURDAY,THE THIRTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 11934/2024 Between: ...PETITIONER M/s Sri Sai Constructions AND ...RESPONDENT(S) State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.SAMEERA BOKKA Counsel for the Respondent(S): 1.M Krishna Rao SC for ski vzm kkd Municipal Corporations 2.GP FOR FINANCE PLANNING 3.GP FOR MUNCIPAL ADMN URBAN DEV The Court made the following: -2- W.P. No.11934 of 2024 Date of order: 30.08.2025" THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No.11934 OF 2024 ORDER 1. Heard the submissions of the learned counsel for the petitioner, the learned Government Pleader for Municipal Administration & Urban Development, the learned Assistant Government Pleader for Finance & Planning, and the learned Standing Counsel for the corporation. 2. The learned counsel for the petitioner submits that the petitioner has executed the works entrusted by the respondent-corporation and submitted the final bills. It is submitted that the competent authority has recorded the progress of the work and certified the same in the M-Book. It is further submitted that, in all, an amount of Rs. 16,34,069/- is due and payable by the respondent corporation to the petitioner. Though the progress of the work was recorded in the M-Book and final bills were also approved for release of payment. However amounts were not released. 3. Considering the submissions, respondent Nos.4 and 7 are hereby directed to verify and release the payments due payable to the petitioner as expeditiously as possible preferably within a period of six (06) 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. Sd/- U SRI DEVI ASSISTANT REGISTRAR SECTION OFFICER //TRUE COPY// To, 1. The Principal Secretary Municipal Development Department, Secretariat Buildings, Velagapudi,Amaravati. Administration and Urban 2. The Commissioner and Director, Municipal Administration and Urban Development Department Government of Andhra Pradesh, Vijayawada NTR District. 3. The District Collector, Kakinada District, Kakinada. 4. The Commissioner, Municipal Corporation, Kakinada Kakinada Town, Kakinada District. 5. The Superintendent Engineer, Municipal Corporation Kakinada, Kakinada District. 6. The Executive Engineer, Municipal Corporation Kakinada, Kakinada Distric 7. The Principal Secretary, Finance and Planning Department Secretariat Buildings, Velagapudi, Amaravathi. 8. One CC to M/s. Sameera Bokka Advocate [OPUC] 9. One CC to Sri M Krishna Rao (SC for ski vzm kkd Municipal Corporations) Advocate [OPUC] 10. Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh [OUT] 11. Two CCs to GP for Muncipal Admn Urban Dev, High Court of Andhra Pradesh [OUT] 12. Two CD Copies TF HIGH COURT DATED:30/08/2025 ORDER WP NO. 11934 OF 2024 .TP'' a 2 0 SEP 2025 S) SectiopXy^ disposing of the W.P., WITHOUT COSTS