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2025 DAILYLAW 23826 (AP)

M/s. M3 Infra Projects India Pvt. Ltd. v. The State of Andhra Pradesh,

WP/16943/2025 · 2025-08-12

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010337362025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 16943/2025 Between: 1. M/S. M3 INFRA PROJECTS INDIA PVT. LTD., REP. BY ITS MANAGING PARTNER K MADHAVA RAO, S/O. NARASIMHA RAO, AGED ABOUT 49 YEARS, OCC- CONTRACTOR, R/O. FLAT NO. 204, PAMULAPATI HEIGHT, ARUNDALPET, GUNTUR DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIEF SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE DIRECTOR OF MUNICIPAL ADMINISTRATION, GORANTLA, GUNTUR, GUNTUR DISTRICT. 4. THE DISTRICT COLLECTOR, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 5. THE GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 2 6. THE SUPERINTENDING ENGINEER, GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 7. THE EXECUTIVE ENGINEER, GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 8. THE CHIEF EXECUTIVE OFFICER, AP CFMS OFFICE, 6TH FLOOR, C-BLOCK, ANJANEYA TOWERS, IBRAHIMPATNAM, KRISHNA 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 tomay be pleased to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents not releasing the amount ofRs. 13,27,274/- vide M Book No. 13/2023-24, even after finalizing the bills, payable to the petitioner in relation to the works i.e.. Laying of CC Drains at RH Colony under Sachivalayam 1086049 in Ward No.06 o Zone-II (GGMP), vide Agreement No. 232/2023-24/ BE-II /DB, dated 04.12.2023is questioned, as the same is illegal, arbitraiy and consequently direct the respondents to pay for payment of amount of Rs. 13,27,274/- vide M Book No. 13/2023-24 with interest @24percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith and pass 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 may please to direct the respondents to pay for payment of amount of Rs. 13,27,274/- vide M Book No. 13/2023-24 with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works i.e. Laying of CC Drains at RH Colony under Sachivalayam 1086049 in Ward No.06 o Zone-II (GGMP), vide Agreement No. 232/2023-24/ EE)-II /DB, dated 04.12.2023, forthwith, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. MODAPOTHULA SUMALATHA Counsel for the Respondent(S): 3 1. GP MUNCIPAL ADMN AND URBAN DEV AP 2. GP FOR FINANCE PLANNING The Court made the following: 4 Order:- Learned counsel for the petitioner submits that the petitioner has executed work entrusted by the respondent-corporation vide Agreement No.232/2023- 24/EE-II/DB, dated 04.12.2023 and 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. 13,27,274/- is due and payable by the respondents to the petitioner. Though the progress of the work was recorded in the M-Book, no amount has been forthcoming. 2. Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Municipal Administration and Urban Development; the learned Assistant Government Pleader for Finance & Planning, and the learned Standing Counsel for the respondent-corporation. 3. Considering the submissions, the respondents are hereby directed to verify and release the payments due payable to the petitioner as expeditiously as possible preferably within a period of six (06) weeks from 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. ____________________ JUSTICE HARINATH.N 13.08.2025 PNS 5