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2025 DAILYLAW 22663 (AP)

MODERN CONSTRUCTIONS v. THE STATE OF AP

WP/16316/2024 · 2025-04-09

Subba Reddy Satti

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010320442024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY, THE NINTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 16316/2024 Between: 1. MODERN CONSTRUCTIONS, REP BY ITS MANAGING PARTNER P. SESHAGIRI RAO, S/O. SUBBARAO, AGED ABOUT 48 YEARS, OCC CONTRACTOR, D.NO.40-1,1-17, 2ND FLOOR, OPP PVP MALL MAIN GATE, BESIDE MINERVA HOTEL ADARSH NAGAR, VIJAYAWADA KRISHNA DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, ROADS AND BUILDINGS DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI,GUNTUR DISTRICT. 2. THE CHIEF ENGINEER, (R AND B) MD APRDC, VIJAYAWADA. 3. THE SUPERINTENDING ENGINEER, (R AND B) CIRCLE, SRIKAKULAM. 4. THE EXECUTIVE ENGINEER, (R AND B) DIVISION, TEKKALI. 5. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. ...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 a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents in withholding the payment of 1ST and part bill amount of Rs. 1,97,72,325/- (CFMS.No. 2023-9012604) even after finalizing the bills payable to the petitioner in relation to the work i.e., Improvement to Riding Surface to Dola - Polaki - Nowpada road from km 7/O to 16/0 in Srikakulam District vide Agreement CR No /2023-24, dt.29.12.2023, is questioned, as the same is illegal, arbitrary and consequently direct the respondents to consider for payment of Rs. 1,97,72,325/- (CFMS.No. 2023-9012604) with interest @24 PERCENT per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith and pass IA 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 consider for payment of Rs. 1,97,72,325/- (CFMS.No. 2023-9012604) with interest @24% per annum for the delayed amount to the petitioner in respect of execution of work i.e., “Improvement to Riding Surface to Dola - Polaki - Nowpada road from km 7/0 to 16/0 in Srikakulam District” vide Agreement CR No:/2023-24, dt.29.12.2023, and pass Counsel for the Petitioner: 1. SURESH KUMAR REDDY KALAVA Counsel for the Respondent(S): 1. GP FOR ROADS BUILDINGS 2. GP FOR FINANCE PLANNING The Court made the following: :: ORDER :: In pursuance of Court Slip dated 08.04.2025, learned counsel for the petitioner seeks permission of this Court to withdraw the present writ petition. Permission is accorded. Accordingly, this Writ Petition is dismissed as withdrawn. No order as to costs. Miscellaneous petitions, if any pending, in this case, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 09.04.2025 TVN 115 HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.16316 OF 2024 Date: 09.04.2025 TVN