M/s. Sujith Constructions, v. The State of Andhra Pradesh,
WP/16978/2025 · 2025-08-13
Harinath N
body2025
DailyLaw.ai
[ 2025 DAILYLAW 23839 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 23839 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010336522025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) i nc THURSDAY, THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 16978 OF 2025 / Between: M/s. Sujith Constructions, Rep., by its Managing Partner, D. Sujith Reddy, S/o.Niranjan Babu Reddy, Aged about 34 years, R/o. D.No.11-1-189, 2nd Line, Santhinagar, Kovur, SPSR Nellore District. ...Petitioner AND
1. The State of Andhra Pradesh, Represented by its Principal Secretary Municipal Administration and Urban Development Department Secretariat Buildings, Velagapudi, Guntur District. 2. The District Collector, SPSR Nellore District, Nellore. 3. The Nellore Municipal Corporation, Rep. by its Commissioner, Nellore District. Nellore,
4. The Executive Engineer, Nellore Municipal Corporation, Nellore, SPSR Nellore District. 5. The State of Andhra Pradesh, Represented by its Principal Secretary, Finance Department, Secretariat Buildings Velagapudi, Guntur District. 6. Pay and Accounts Officer, Nellore, SPSR Nellore District. ...Respondents of India praying that in the may be or order particularly one in the nature of Petition under Article 226 of the Constitution circumstances stated in the affidavit filed therewith, the High Court pleased to issue a writ or direction
WRIT OF MANDAMUS declaring the action of the Respondents herein, i withholding the payment for a net amount of Rs. 17,13,725/- (Gross Rs 18,87,486/-), even after finalizing the bills payable to the petitioner in relation to the work i.e.. Laying BT Road From D.No.26-12-1810 to D.No.26-12-1774 in in Shar Colony in Division No.20 of Nellore Municipal Corporation, Nellore under Gadapa Gadapaku Mana Prabhutvam vide Agreement NO.197/GGMP/EE-III/2023-2024, Dt.06.09.2023 is illegal and arbitrary apart from violates of Articles 14, 16, 19 and 300-A of The Constitution of India consequently direct the respondents to consider for payment for a net amount of Rs. 17,13,725/- (Gross Rs. 18,87,486/-), 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 209!^ Petition under Section 151 CPC in the affidavi praying that in the circumstances stated ^ filed In support of tr direct the Respondents to release e petition, the Hiyh Court may be pleased to payment for a net amount of Rs. 17,13,725/- (Gross: Rs.
18,87,486/-), even after finalizing the bills payable to the petitioner in relation to the work i Laying BT Road From D.No.26-12- 1810 to D.No.26-12-1774 in Shar Colony in Division No.20 of Nellore Municipal Corporation, Nellore under Gadapa Gadapaku Mana Prabhutvam, vide Agreement No.197/GGMP/EE-lll/2023 I.e., - 2024, Dt.06.09.2023” with amount to the petitioner, pending interest @24% per annum for the delayed disposal of the Writ Petition. Counsel for the Petitioner: SRI MALIREDDY GOWTHAM Counsel for the Respondent Nos. 3 & 4: Counsel for the Respondent Nos. 1 & Counsel for the Respondent Nos. “ The Court made the following order:
SRI A S C BOSE (SC FOR MUNICIPAL CORPORATIONS) 2: GP FOR MUNCIPAL ADMN AND URBAN DEV 5 & 6: GP FOR FINANCE & PLANNING '
7 / / / - / APHC010336522025 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: 16978/2025 Between: 1.M/S. SUJITH CONSTRUCTIONS,, REP., BY ITS MANAGING PARTNER, D. SUJITH REDDY, S/O.NIRANJAN BABU REDDY. AGED ABOUT 34 YEARS, R/O. D.N0.11-1-189, 2ND LINE, SANTHINAGAR, KOVUR, SPSR NELLORE DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR. SPSR NELLORE DISTRICT. NELLORE. 3.THE NELLORE MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, NELLORE, NELLORE DISTRICT. 4.THE EXECUTIVE ENGINEER, NELLORE MUNICIPAL CORPORATION, NELLORE, SPSR NELLORE DISTRICT. 5.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS VELAGAPUDI, GUNTUR DISTRICT. 6. PAY AND ACCOUNTS OFFICER, NELLORE, SPSR NELLORE DISTRICT. ...RESPONDENT(S):
India praying that in the nature of WR^of"MANDAJus“Ldarinrthe' the herein, in withholding the payment for rnefa .
" Respondents Rs 18,87,486/-), even aLr finalizing ’^.13.725/-(Gross relation to the work i.e., Layinq BT RopH p Payable to the petitioner ir 13-1774 in Shar Colony In™r20 Nellore under Gadapa Gadapaku Mai o
""P"' Corporation, NO.197/GGMP/EE-III/2023-2024 Dt 06 09 Ipn 7""'' Agreement from Violates of Articles 14, 16, 19 and 300 A o^Ts r®"' consequently direct the respondents to mn h Constitution of India of Rs.17,13,725/- (Gross Rs 187 Isl p^' annum for the delayed amount io ihe liitaer t ' above-mentioned work., forthwith and per in respect of execution of jA NO: 1 OF onoK Petition under Section 151 cpn r..- in the affidavit filed in support of the oircumstances stated pleased to DIRECT the Respondents to Ilf ® ‘’P P'^^sed Ra 17,13.725,'-,'Gross Ps fo o, ,; ' povment for a net to the petitioner in relation to the°work i e’ Ta^^lT o ‘"p P^'^oble 1810 to D.No.26-12-1774 in Shar r i ^rom D.No.26-12- Municipal Corporation, Nellore under gIU Gad'”1°" Vide Agreement N0.197/GGMP/EE-III/2I3 InZ Prabhutvam, interest @24% per annum for the delaved L’ . f' °“® 09-2023’ with disposal of the Writ Petition ^ amount to the petitioner, pending amount of Counsel for the Petitioner:
1. malireddy gowtham Counsel for the Respondent(S);
1.A S C BOSE (SC FOR MUNICIPAL
2. GP MUNCIPAL ADMN AND CORPORATIONS AP) URBAN DEV AP 3.GP FOR FINANCE PUNNING The Court made the following:
3 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 16978/2025
ORDER:
Learned counsel for the petitioner submits that the petitioner has executed works as entrusted by the respondents vide Agreement No.197/GGMP/EE- I11/2023-2024, dated 06.09.2023, and submitted final bills. It is submitted that the competent authority has also recorded the progress of work and certified the work in the M-Book. Though the work progress was recorded in the M- Book, no amounts have been forth coming. Heard the
learned counsel for the petitioner, the learned Assistant Government Pleader for Municipal Administration and Urban Development, for the respondent and the learned Government Pleader for the 2"'^ respondent; Government Pleader for Finance & Planning, for the respondent Nos.5 and 6 and the learned Standing Counsel for the respondent Nos.3 and 4.
3. Considering the submissions, the respondent Nos.5 and 6 are hereby
directed to verify and release the payments due payable to the petitioner as expeditiously as possible preferably within a period of six (6) weeks from the date of receipt of a copy of this order.
4. Accordingly, the Writ Petition is disposed off. No costs.
5. Pending miscellaneous petitions, if any, shall stand closed.
1.
2. I00rn0u Assistsnt LMt?
Sd/- K.J. RAJA BABU ASSISTANT REGISTRAR i //TRUE COPY// SECTION OFFICER To,
1. The Principal Secretary, Municipal Administration and Urban Development Department, Secretariat Buildings, Velagapudi, Guntur District.
2. The District Collector, SPSR Nellore District, Nellore.
3. The Commissioner, Nellore Municipal Corporation, Nellore, Nellore District.
4. The Executive Engineer, Nellore Municipal Corporation, Nellore, SPSR Nellore District.
5. The Principal Secretary, Finance Department, Secretariat Buildings Velagapudi, Guntur District, State of A.P.
6. The Pay and Accounts Officer, Nellore, SPSR Nellore District.
7. One CC to Sri Malireddy Gowtham Advocate [OPUC]
8. One CC to Sri A S C Bose (SC for Municipal Corporations) Advocate [OPUC]
9. Two CCs to GP for Muncipal Admn and Urban Dev, High Court of Andhra Pradesh [OUT]
10. Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh [OUT]
11. i wo CD Copies TF
HIGH COURT DATED:14/08/2025
ORDER WP NO. 16978 OF 2025 (fl 16 SEP 2025 . Current Section ^ $}) DISPOSING OF THE W.P., WITHOUT COSTS