Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 2158 (AP)

M/S. P.T.R Brothers Projects., v. The State of Andhra Pradesh,

WP/14567/2025 · 2026-07-06

Ravi Cheemalapati

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010287892025 IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY, THE 7 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 14567/2025 Between: 1. M/S. P.T.R BROTHERS PROJECTS.,, REP.BY.LTS MANAGING PARTNER, P. KEERTHI REDDY W/O. P. THIRUPATHI REDDY, AGE 50 YEARS, D/O. 1 THOTA , NAWABPET, NELLORE , ANDHRA PRADESH. 1. THE STATE OF ANDHRA SECRETARY, ROADS AND BUILDINGS(R AND B) DEPORTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR. 2. THE SUPERINTENDING ENGINEERR AND B, DEPARTMENT OF ROADS AND BUILDINGS (RANDB) CIRCLE, KURNOOL DISTRICT. 3. THE EXECUTIVE ENGINEERR AND B, ROADS AND BUILDINGS DIVISION, KURNOOL DISTRICT. 4. THE CHIEF ENGINEER R AND B, MDR'S,VIJAYAWADA. 5. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, DISTRICT 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 an appropriate Writ Order or direction more particularly one IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE 7th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 14567/2025 M/S. P.T.R BROTHERS PROJECTS.,, REP.BY.LTS MANAGING PARTNER, P. KEERTHI REDDY W/O. P. THIRUPATHI REDDY, AGE 50 YEARS, D/O. 1-1226-A, NEAR VINAYAKA TEMPLE,BANGLA THOTA , NAWABPET, NELLORE , ANDHRA PRADESH. ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, ROADS AND BUILDINGS(R AND B) DEPORTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR. THE SUPERINTENDING ENGINEERR AND B, DEPARTMENT OF ROADS AND BUILDINGS (RANDB) CIRCLE, KURNOOL DISTRICT. E EXECUTIVE ENGINEERR AND B, ROADS AND BUILDINGS DIVISION, KURNOOL DISTRICT. THE CHIEF ENGINEER R AND B, MDR'S,VIJAYAWADA. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR ...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 an appropriate Writ Order or direction more particularly one IN THE HIGH COURT OF ANDHRA PRADESH [3332] THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI M/S. P.T.R BROTHERS PROJECTS.,, REP.BY.LTS MANAGING PARTNER, P. KEERTHI REDDY W/O. P. THIRUPATHI REDDY, AGE A, NEAR VINAYAKA TEMPLE,BANGLA THOTA , NAWABPET, NELLORE , ANDHRA PRADESH. ...PETITIONER PRADESH, REP BY ITS PRINCIPAL SECRETARY, ROADS AND BUILDINGS(R AND B) DEPORTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR. THE SUPERINTENDING ENGINEERR AND B, DEPARTMENT OF ROADS AND BUILDINGS (RANDB) CIRCLE, KURNOOL DISTRICT. E EXECUTIVE ENGINEERR AND B, ROADS AND BUILDINGS THE CHIEF ENGINEER R AND B, MDR'S,VIJAYAWADA. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FINANCE AND PLANNING, VELAGAPUDI, AMARAVATHI, GUNTUR ...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 an appropriate Writ Order or direction more particularly one 2 in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the part -I payments of Rs. 3,26,92,416/- ( Three Crores Twenty Six Lakhs, Ninety Two Thousand Four Hundred and Sixteen Rupees only), even after finalizing the bills payable to the petitioner in relation to the works i.e.I. Improvements to the riding surface of (1) devanur (MIDTHUR) To Orvakal road from Km.3/0 9/0 (2) velugodu - Gargayapuram road from KM 6/775-7/070 and11/3 to 17/8 in nandyail District(2nd call) IA NO: 1 OF 2025 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 forthwith consider releasing the amounts RS. 3,26,92,416/-( Three Crores Twenty Six Lakhs, Ninety Two Thousand Four Hundred and Sixteen Rupees only) payable to the petitioner herein, pending disposal of the writ petition Counsel for the Petitioner: 1. DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S): 1. GP FOR ROADS BUILDINGS 2. GP FOR FINANCE PLANNING 3 The Court made the following order: The grievance of the petitioner is that even after finalization of the bills payable to the petitioner in relation to the works i.e., ‘Improvements to the riding surface of (1) devanur (MIDTHUR) to Orvakal raod from Km.3/0 9/0 (2) Velugodu-Gargayapuram road from Km.6/775-7/070&11/3 to 17/8 in Nandyal District’, the respondent authorities are withholding the part-I payment of Rs.3,26,92,416/- 2. Heard Sri Devasri Roshan Kancharla, learned counsel for the petitioner, learned Assistant Government Pleader for Roads and Buildings Department and learned Assistant Government Pleader for Finance Department. 3. Learned counsel for the petitioner, in elaboration to what has been stated in the affidavit, contended that despite the completion of the contractual work and the finalization of the bills payable to the petitioner, the respondent authorities have failed to release the amounts. Hence, prayed to pass appropriate orders protecting the interest of the petitioner. 4. Learned Assistant Government Pleader for Roads and Buildings Department, while reiterating the contents of the counter affidavit of respondent No.3, which was placed across the Bench, contended that the gross value of the work executed by the petitioner is Rs.3,26,92,416/- and after deducting the statutory recoveries of Rs.29,46,390/- the net amount payable to the petitioner is Rs.2,97,46,026/- He further submitted that the said bill was passed on 13.06.2025 and uploaded in NIDHI module vide Bill No.2025-9180758 and the status of the bill was shown as ‘Waiting for fund 4 clearance’, however sought six months’ time for release of the said amount payable to the petitioner. 5. To the said submission, learned counsel for the petitioner reported no objection and prayed to pass appropriate orders in that regard. 6. In view of the facts and circumstances of the case and taking the submissions of learned counsel for the parties into consideration, as the authorities have expressed their intention to pay the entitled amount to the petitioner, there is no purpose in keeping this Writ Petition pending. As such, this Court is inclined to dispose of the same, with the consent of both the parties, at the admission stage itself, by passing the following order: “The respondent authorities are directed to pay the legally entitled amount to the petitioner within a period of six (6) months from the date of receipt of a copy of this order.” 7. Accordingly, the Writ petition is disposed of. There shall be no order as to costs. As a sequel thereto, interlocutory applications pending, if any in the Writ Petition, shall also stand closed. ____________________________ JUSTICE RAVI CHEEMALAPATI 07.07.2026 MP 5 124 THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO.14567 OF 2025 07.07.2026 MP