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2025 DAILYLAW 23894 (AP)

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

WP/17181/2025 · 2025-08-12

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010337402025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 17181 OF 2025 Between: 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, Secretariat Buildings, Department of Finance and Planning, Velagapudi, Amaravathi, Guntur District. 3. The Director of Municipal Administration, Gorantia, Guntur, Guntur District. 4. The District Collector, Visakhapatnam, Visakhapatnam District. 5. The Greater Visakhapatnam Municipal Corporation, Rep. by its Commissioner, Visakhapatnam, Visakhapatnam District. 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, Anjaneya Towers, Ibrahimpatnam, Krishna District. 6*'^ Floor, C-Block, ...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 of mandamus or any other appropriate writ or direction declaring the action of the Respondents not releasing the amount of Rs. 18,87,738/- vide M Book Nos. 14/2023-24 and 15/2023-24 finalizing the bills, payable to the petitioner in relation to the works i.e.. Construction of Compound Wall for Park Compound wall between Block No. 03 Type-1 to Block No. 01 Type-1 at YSR Nagar under Ward Wachivalayam No. 1086072 in Ward No.05 of Zone-ll (GGMP), vide NO.231/2023-24/EE-II/DB, dated 04.12.2023is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amount of Rs.18,87,738/- vide M Book Nos. 14/2023-24 and with interest @24% per annum for the delayed amount to the petitioner i;: respect of execution of above-mentioned work forthwith. lA 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 pay for payment of amount of Rs.18,87,738/- vide M Book Nos. 14/2023-24 & 15/2023-24 with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works i.e. Construction of Compound Wall for Park Compound wall between Block No. 03 Type-1 to Block No. 01 Type-1 at YSR Nagar under Ward Wachivalayam in Ward No.05 of Zone-ll (GGMP), vide Agreement No.231/2023- 24/EE-ll/DB, dated 04.12.2023, forthwith, pending disposal of the Writ Petition. even after Agreement 15/2023-24 in No. 1086072 V V Counsel for the Petitioner: SMT.MODAPOTHULA SUMALATHA Counsel for the Respondent Nos.1,3 & 4: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent Nos.2 & 8:GP FOR FINANCE & PLANNING Counsel for the Respondent Nos.5 to 7; SRI A.S.C. BOSE, SC FOR MUNICIPAL CORPORATIONS r The Court made the following order: / APHC010337402025 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: 17181/2025 Between: 1.M/S. M3 INFRA PROJECTS INDIA PVT. LTD., REP. BY ITS MANAGING PARTNER K MADHAVA RAO, S/0. NARASIMHA RAO, AGED ABOUT 49 YEARS, OCC- CONTRACTOR, R/0. 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 DEPARTMENT OF FINANCE AND PLANNING, SECRETARY, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3.THE DIRECTOR OF MUNICIPAL ADMINISTRATION, GORANTIA, GUNTUR, GUNTUR DISTRICT. 4.THE DISTRICT COLLECTOR, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 5.THE GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, VISAKHAPATNAM, REP. BY ITS COMMISSIONER, VISAKHAPATNAM DISTRICT. 2 6.THE SUPERINTENDING ENGINEER, GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT f 7.THE EXECUTIVE ENGINEER, GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT, 8.THE CHIEF EXECUTIVE OFFICER, AP CFMS OFFICE, 6TH FLOOR, IBRAHIMPATNAM, KRISHNA C-BLOCK, ANJANEYA TOWERS, 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. 18,87,738/- vide M Book Nos. 14/2023-24 and 15/2023-24, even after finalizing the bills, payable to the petitioner in relation to the works i.e.. Construction of Compound Wall for Park Compound wall between Block No. 03 Type-1 to Block No. 01 Type-1 at YSR Nagar under Ward Wachivalayam No. 1086072 in Ward No.05 of Zone-ll (GGMP), vide Agreement No.231/2023-24/EE-ll/DB, dated 04.12.2023is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amount of Rs.18,87,738/- vide M Book Nos. 14/2023-24 and 15/2023-24 with interest @24percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith and pass lA 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 t may please to direct the respondents to pay for payment of amount of Rs. 18,87,738/- vide M Book Nos. 14/2023-24 & 15/2023-24 with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works i.e. Construction of Compound Waii for Park Compound waii between Block No. 03 Type-1 to Block No. 01 Type-1 at YSR Nagar under Ward Wachivalayam No. 1086072 in Ward No.05 of Zone-H (GGMP), vide Agreement No.231/2023- 24/EE-ll/DB, dated 04.12.2023, forthwith, pending disposal of the Writ Petition and pass s 3 r Counsel for the Petitioner: 1.MODAPOTHULA SUMALATHA Counsel for the Respondent(S): 1.GP MUNCIPAL ADMN AND URBAN DEVAP 2.GP FOR FINANCE PLANNING The Court made the following: Order- Learned counsel for the petitioner submits that the petitioner has executed entrusted by the respondent-corporation vide Agreement No.231/2023- dated 04.12.2023 and submitted the final bills. It is submitted that of the work and certified the work 24/EE-ll/DB, the competent authority has recorded the progress same in the M-Book. It is further submitted that, in all, an amount of Rs. 18,87,738/- is due and payable by the respondents to the petitioner. Though the amount has been of the work was recorded in the M-Book, no progress forthcoming. Heard the learned counsel for the petitioner, the learned Assistant for Municipal Administration and Urban Development, the Government Pleader for Finance & Planning, and the learned 2. Government Pleader learned Assistant Standing Counsel for the respondent-corporation, 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 Considering 3. copy of this order. 4. Accordingly, the Writ Petition is disposed of. No costs. 5. Pending miscellaneous petitions, if any, shall stand closed. Sd/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, Special Chief Secretary, Department of Municipal Administration Secretariat 1. The And Urban Development, State of Andhra Pradesh, Buildings, Velagapudi, Amaravathi, Guntur District. Department of Finance and Planning, State of Amaravathi, 2. The Principal Secretary, Andhra Pradesh, Guntur District. Secretariat Buildings, Velagapudi, 3. The Director of Municipal Administration, Gorantia, Guntur, Guntur District. 4. The District Collector, Visakhapatnam, Visakhapatnam District. 5. The Commissioner, Greater Visakhapatnam Municipal Corporation, Visakhapatnam, Visakhapatnam District. 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, 6*^ Floor, C-Block, Anjaneya Towers, Ibrahimpatnam, Krishna District. 9. One CC to Smt. Modapothula Sumalatha, Advocate [OPUC] 10. One CC to Sri A.S.C. Bose, SC for Municipal Corporations[OPU C] 11. Two CCs to GP for Municipal Administration and Urban Development Fligh Court of Andhra Pradesh. [OUT] 12.Two CCs to GP for Finance and Planning, Fligh Court of Andhra Pradesh [OUT] 13. Two CD Copies. / ssb CVar-J HIGH COURT DATED:13/08/2025 ^ . Current Section . ORDER WP No.17181 OF 2025 g n 1 SEP 20?5 W/ DISPOSING OF THE W.P. WITHOUT COSTS