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2025 DAILYLAW 18191 (AP)

G S R CONSTRUCTIONS v. THE STATE OF ANDHRA PRADESH

WP/12577/2024 · 2025-08-13

Harinath N

body2025

Judgment text

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APHC010251622024 IN THE HlOH COURT OF ANDHRA PRADESl/?}*, AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 12577 r>F 2024 / 0^0 A > *3j 4^ I'j all' /TJS / Between: M/s. G.S.R. Constructions, D.No. 16/3/25/2 Vaddavalli, Sattenapalli, Guntur District - 522403 Rep. by its Sole Proprietor, Kukutia Srinivasa Rao, S/o Seshagiri Rao, Aged about 16-3-24, Near Poleramma Temple Vaddavalli, 522403 . Behind Poleramma Temple, 46 years, R/o Dr. No. Sattenapalli, Guntur District - ...PETITIONER AND 1. The State of Andhra Pradesh, Represented Municipal Administration Department, Velagapudi, Guntur District. 2. The State of Andhra Pradesh, Represented by its Principal Secretary, Department of Finance and Planning A.P Secretariat buildings, Velagapudi, Guntur District. 3. The Andhra Pradesh Comprehensive Financial CFMS, 6th floor, C block, Anjaneya Towers District, Rep. By its Chairman. 4. The Commissioner and Director of Pradesh at Tadepalli, Guntur District. by its Principal Secretary A.P Secretariat buildings, Management System Ibrahimpatnam, Krishna Municipal Administration, Andhra ‘ 5. The Directorate of Works and Accounts, 3™ floor, C block, Anjaneya ; . Towers, Ibrahimpatnam, Krishna District. Rep. by its Director of Works . and Accounts. 6. The District Treasury Officer, Palnadu District. 7. The Chilakaluripet Municipality, Rep. By its Commissioner, Chilakaluripet, Palnadu district. . 8 V ■ ■' ...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 or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not paying the admitted due amount of Rs. 26,45,732/-(Twenty six lakhs fourty five thousand seven hundred and thirty two) payable to petitioner in relation to 6 works executed for 7**^ respondent by the petitioner, under agreements Bearing No's 185/2022-23, 255/2022-23, 275/2022-23, 276/2022-23, 283/2022-23 and 284/2022-23 respectively despite finalizing the bills, as illegal, arbitrary unconstitutional and consequently direct the respondents herein to immediately pay the due amount of Rs. 26,45,732/-(Twenty six lakhs forty five thousand seven hundred and thirty two) payable to petitioner in relation to above 6 works executed for 7^^ respondent under the said agreements with an interest @ 12% per annum. 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 herein to release the due amount of Rs. 26,45,732/- (Twenty six lakhs forty five thousand seven hundred and thirty two) payable to petitioner in relation to 6 works executed for 7**^ respondent under agreements Bearing No’s 185/2022-23 276/2022-23, 283/2022-23 and 284/2022-23 within a stipulated time frame. 255/2022-23, 275/2022-23 Counsel for the Petitioner: SRI $ASANKA BHUVANAGIRI Counsel for the Respondent Nos.1 & 4:GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent Nos.2,3,5 & 6:GP FOR FINANCE AND PLANNING Counsel for the Respondent No.7:M/s. SIREESHA RANI VALLABHANENI, SC FOR MUNICIPALITIES The Court made the following order: APHC010251622024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 12577/2024 Between: 1.G S R CONSTRUCTIONS, D.NO.16/3/25/2, BEHIND POLERAMMA TEMPLE, VADDAVALLI, SATTENAPALLI, GUNTUR DISTRICT - 522403 REP. BY ITS SOLE PROPRIETOR, KUKUTLA SRINIVASA RAO, S/0 SESHAGIRI RAO, AGED ABOUT 46 YEARS, R/0 DR.NO. 16-3-24, NEAR POLERAMMA TEMPLE VADDAVALLI SATTENAPALLI, GUNTUR DISTRICT - 522403 . ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION DEPARTMENT, A.P SECRETARIAT BUILDINGS, VELAGAPUDI GUNTUR DISTRICT. 2.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING A.P SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 3.THE ANDHRA PRADESH COMPREHENSIVE FINANCIAL MANAGEMENT SYSTEM CFMS, 6TH FLOOR, C BLOCK, ANJANEYA TOWERS, IBRAHIMPATNAM, KRISHNA DISTRICT, REP. BY ITS CHAIRMAN. 4.THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, ANDHRA PRADESH AT TADEPALLI, GUNTUR DISTRICT. 5.THE DIRECTORATE OF WORKS AND ACCOUNTS, 3 RD FLOOR, C BLOCK, ANJANEYA TOWERS, IBRAHIMPATNAM, KRISHNA DISTRICT. REP. BY ITS DIRECTOR OF WORKS AND ACCOUNTS 2 6.THE DISTRICT TREASURY OFFICER, PALNADU DISTRICT. 7.THE CHILAKALURIPET MUNICIPALITY, REP. COMMISSIONER, CHILAKALURIPET, PALNADU DISTRICT. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed there\A/ith, the High Court may be pleased topleased to issue a writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not paying the admitted due amount of Rs. 26,45,732/-(Twenty six lakhs fourty five thousand seven hundred and thirty two) payable to petitioner in relation to 6 works executed for 7 th respondent by the petitioner, under agreements Bearing No's 185/2022-23, 255/2022-23, 275/2022-23, 276/2022-23, 283/2022-23 and 284/2022-23 respectively despite finalizing the bills, as illegal, arbitrary unconstitutional and consequently direct the respondents herein to immediately pay the due ampunt of Rs. 26,45,732/-(Twen ty six lakhs forty five thousand seven hundred and thirty two) payable to petitioner in relation to above 6 works executed for 7th respondent under the said agreements with an interest @ 12 percent per annum end pass 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 herein to release the due amount of Rs. 26,45,732/- (Twenty six lakhs forty five thousand seven hundred and thirty two) payable to petitioner in relation to 6 works executed for 7th respondent under agreements Bearing No’s 185/2022-23, 255/2022-23, 275/2022-23, 276/2022-23, 283/2022-23 and 284/2022-23 within a stipulated time frame and pass Counsel for the Petitioner: 1.SASANKA BHUVANAGIRI Counsel for the Respondent(S): I.Sireesha Rani Vallabhaneni,Standing Counsel For Municipalities 2.GP MUNCIPAL ADMN AND URBAN DEV AP 3.GP FOR FINANCE PLANNING The Court made the following: BY ITS 3 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 12fi77 OF 2024 ORDER: 1. Learned counsel for the petitioner submits that the petitioner has executed orks as entrusted by the respondents vide Agreement Nos. 185/2022-23, 255/2022-23, 275/2022-23, 276/2022-23, 283/2022-23 and 284/2022-23 and submitted final bills. It is submitted that the competent authority has also certified the work in the M-Book. Though recorded the progress of work and the work progress coming. was recorded in the M-Book, no amounts have been forth 2. Heard the learned counsel for the petitioner, the learned Government Pleader for Municipal Administration Assistant and Urban Development, for the Finance & 3. 5 and 6; and the learned Standing Counsel the respondents 1 and 4 and the learned Government Pleader for Planning for the respondents 2, for the respondent No.7. 3. Considering the submissions, directed to verify and release the the respondent Nos.2, 3, 5 and 6 are hereby payments due payable to the petitioner a period of six (6) weeks from the date as expeditiously as possible preferably within of receipt of a copy of this order. 4. Accordingly, the Writ Petition is disposed off. No costs. Pending miscelianeous petitions, if any, shail stand dosed. 5. Sd/- K.J.RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// /lOr SECTION OFFICER To, 1- The Principal Secretary, Municipal Administration Department, State of Andhra Pradesh, A.P Secretariat buildings, Velagapudi, Guntur District. 2. The Principal Secretary, Department of Finance and Planning, State of Andhra Pradesh, A.P Secretariat buildings, Velagapudi, Guntur District. 3. The Chairman, Andhra Pradesh Comprehensive Financial Management System CFMS. 6th floor, C block, Anjaneya Towers, Ibrahimpatnam, Krishna District. 4. The Commissioner and Director of Municipal Pradesh at Tadepalli, Guntur District. 5. The Director of Works and Accounts, Directorate of Works and Accounts, 3'- floor, C block, Anjaneya Towers, Ibrahimpatnam, Krishna District. 6. The District Treasury Officer, Palnadu district. 7. The Commissioner, Chilakaluripet Municipality, district. 8. One CC to Sri Sasanka Bhuvanagiri, Advocate [OPUC] 9. One CC to M/s. Sireesha Rani Municipalities [OPUC] 10. Two CCs to GP for Municipal Administration High Court of Andhra Pradesh. [OUT] 11. Two CCs to GP for Finance Pradesh [OUT] 12. Two Cp Copies. % Administration, Andhra Chilakaluripet, Palnadu Vallabhaneni, Standing Counsel for and Urban Development and Planning, High Court of Andhra ssb HIGH COURT DATED:14/08/2025 ORDER WP No. 12577 OF 2024 DISPOSING OF THE W.P. WITHOUT COSTS