M/s. Bhagam Constructions Pvt. Ltd., v. The State of Andhra Pradesh,
WP/13508/2025 · 2025-08-28
Gannamaneni Ramakrishna Prasad
body2025
DailyLaw.ai
[ 2025 DAILYLAW 18562 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 18562 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010257192025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI ^ (Special Original Jurisdiction) h FRIDAY, THE TWENTY NINETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 13508 OF 2025 Between: M/s. Bhagam Constructions Pvt. Ltd., Rep. by its Director, J. Krishna Chaitanya, S/o. Rama Rao, aged about 38 years, Occ: Contractor, R/o. D. No. 54-14/1-9/5, 4*^ Cross Road Bharathi Nagar, Vijayawada, Krishna District. ...Petitioner AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Roads and Buildings Velagapudi, Amaravathi, Guntur District.
2. The Superintending Engineer, R & B Circle, Vijayawada, NTR District.
3. The Executive Engineer R & B, Machilipatnam, NTR District.
4. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Finance and Planning, Secretariat Buildings, Velagapudi, Amaravathi,Guntur District. Secretariat Buildings, ...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 or
order particularly one in the nature of writ of mandamus declaring the J action of the Respondents herein, in withholding the payment for a Net amount of Rs.88,18,649/- (Gross amount
of Rs.99,84,858/-) even after finalizing the bills payable to the petitioner in relation "to. the work i.e. intensive Patch Work to Ghantasala to M.CH. Road from KM 6.700 to 10.000 in Krishna District vide Agreement No.53/2024-25, Dt. 13.12.2024 is questioned, as the same is illegal and arbitrary apart from violates of Articles 14, 16, 19 86 300-A of The Constitution of India consequently direct the respondents to consider for payment for a Net amount of Rs.88,18,649/- (Gross amount of Rs.99,84,858/-) with an interest @24% per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work, forthwith. and lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to consider payment for a Net amount of Rs.88,18,649/- (Gross amount of Rs.99,84,858/-) in relation to the work i.e.,
“intensive Patch Work to Ghantasala to M.CH. Road fro 6.700 to 10.000 in Krishna District”, vide Agreement No.53/2024-25, Dt. 13.12.2024 with interest @24% per annum for the delayed amount to the petitioner, pending disposal of the Writ Petition. Counsel for the Petitioner: SRI ANDN SURYA FOR SRI SURESH KUMAR REDDY KALAVA Counsel for the Respondent Nos.1 to 3 : GP FOR ROADS & BUILDINGS Counsel for the Respondent No.4 : SRI PANUKU RAJESH KUMAR, ASST.GP FOR FINANCE AND PLANNING The Court made the following order:
APHC010257192025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE TWENTY NINETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT the honourable SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 13508 OF 2025 Between: 1 M/s Bhagam Constructions Pvt. Ltd.,, Rep. by its Director, J. Krishna Chaitanya, S/o. Rama Rao, aged about 38 years, Occ. Contractor, R/o. D. No 54-14/1'9/5, 4th Cross Road, Bharathi Nagar, Vijayawada, Krishna District. Petitioner AND 1 The State of Andhra Pradesh, Rep. by its Principal Secreteuy, Department of Roads and Buildings, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2 The Superintending Engineer, R and B Circle, Vijayawada, NTR District. 3 The Executive Engineer R and B, Machilipatnam, NTR District. 4 The State of Andhra Pradesh, Rep.
by its Principal Secretary, Department and Planning, Secretariat Buildings, Velagapudi, Amaravathi, of Finance Guntur District. ...Respondents Counsel for the Petitioner: SURESH KUMAR REDDY KALAVA Counsel for the Respondents: GP FOR ROADS BUILDINGS Counsel for the Respondents: GP FOR FINANCE PLANNING
The Court made the following ORAL ORDER: Heard Sri Anand Surya, learned Counsel appearing on behalf of Sri Suresh Kumar Reddy Kalava, learned Counsel for the Writ Petitioner, Sri Panuku Rajesh Kumar, learned Assistant Government Pleader for Finance & Planning. t
2. Sri Panuku Rajesh Kumar, learned Assistant Finance & Planning, has submitted the Principal Secretary to Government dated 29 the Counsel for the Writ Petitioner Government Pleader for Written Instructions furnished by the .08.2025. Copy of it is supplied to as well and the same is taken on record. 3. The Written Instructions would indicate that the the Writ Petitioner’s claim has been CFMS bill with regard to received and the same is under process. 4. Having regard ot these facts, this Court deems it appropriate to allow IS Writ Petition, at the admission stage, without going into merit, directing the Official Respondents including the Respondent administrative No.1 to complete the entire process, both inter-departmental and intra-departmental. by way of mutual cooperation and coordination, weeks from the date of uploading of this Order and four (04) weeks thereafter, for bank account of the Writ Petitioner. within a period of sixteen (16) -- on the website of this Court transferring of the due amount into the
5. Writ Petitioner is directed to submit bank Competent Authority within two weeks from With these observations allowed. No order as to costs. Interlocutory Applications, if account details to the today, for effective compliance. 6. and directions, this Writ Petition stands
7. any, stand closed in terips of this order. Sd/- P VINOD KUMAR ASSISTANT ^^TRAR //TRUE COPY// SECTION OFFICER To,
1.
The Principal Secretary, Department of Roads and Buildings, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Guntur District. Amaravathi,
VT
2. The Superintending Engineer, R & B Circle, Vijayawada, NTR District. 3. The Executive Engineer R & B, Machilipatnam, NTR District. 4. The Principal Secretary, Department of Finance and Planning, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Guntur District. 5. One CC to Sri Suresh Kumar Reddy Kalava, Advocate [OPUC]
6. Two CCs to GP for Roads and Buildings, High Court of Andhra Pradesh [OUT]
6. Two CCs to GP for Finance and Planning, High Court of Andhra Pradesh [OUT]
7. Two CD Copies Amaravathi, Cnr
HIGH COURT DATED:29/08/2025
ORDER WP NO. 13508 OF 2025 OF g( 18 SEP 2025 ALLOWING THE W.P.
WITHOUT COSTS