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2025 DAILYLAW 17169 (AP)

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

WP/11845/2024 · 2025-08-29

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

5- / if APHC010232552024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SATURDAY, THE THIRTIETH DAY OF AUGUST I TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 11845 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 (M), Kakinada District. ...Petitioner AND 1. State of Andhra Pradesh, Rep by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat Buiidings, Velagapudi, Amaravati. 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, Kakinada District. 6. The Executive Engineer, Municipal Corporation Kakinada, Kakinada District iX of Andhra Pradesh, Rep by its Principal Secretary, Finance Secretariat Buildings, Velagapudi, 7. The State and Planning Department Amaravathi. ...Respondents Article 226 of the Constitution of India praying that in the Petition under circumstances stated in the affidavit filed therewith, the High Court may be particularly one in the nature pleased to issue a Writ, Order or direction more of Writ of Mandamus to declaring the action on the part of the respondents the bill amounts worth of Rs.37,21,391/- with herein, not releasing and pay executed and interest to the petitioner even though total works were and violation of Article 14, 16 and 21 of completed as illegal, arbitrary of India and Consequentially to direct the respondents to release worth of Rs.37,21,391/- with interest to the petitioner Constitution and pay the bill amounts 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 the bill amounts worth of direct the respondents to release and pay interest to the petitioner forthwith, pending disposal of the Rs.37,21,391/- with above writ petition. Counsel for the Petitioner: M/S. SAMEERA BOKKA Respondent Nos. 4 to 6: SRI M KRISHNA RAO (SC FOR ' Counsel for the 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: APHC010232552024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] SATURDAY,THE THIRTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 11845/2024 Between: M/s Sri Sai Constructions ...PETITIONER AND State Of Andhra Pradesh and Others ...RESPONDENT(S) 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.11845 of 2024 Date of order: 30.08.2025 the HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No.11845 OF Pn:>A order 1. Heard the submissions learned Government Pleader Development, the learned Assistant Planning, and the learned Standing Counsel 2. The learned executed the works entrusted by the respondent-corporation 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.37,21,391/- 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 of the learned counsel for the petitioner, the for Municipal Administration & Urban Government Pleader for Finance & for the corporation, counsel for the petitioner submits that the petitioner has and were also approved for release of payment. However 3. Considering the submissions, to verify and release the amounts were not released, respondent Nos.4 and 7 are hereby directed payments due payable to the petitioner a period of six (06) weeks from as expeditiously as possible preferably within 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/- K.J.RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Department, Municipal Administration Secretariat and Urban Velagapudi, Development Buildings, Amaravati. 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 District 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. 11845 OF 2024 gf It SEP 2025 r»> 03 irrentSectiu Os DISPOSING OF THE W.P., WITHOUT COSTS