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2025 DAILYLAW 24892 (AP)

V S S CONSTRUCTIONS v. THE STATE OF ANDHRA PRADESH

WP/17920/2025 · 2025-08-27

K Sreenivasa Reddy

body2025

Judgment text

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V V r V twN APHC010351772025 I IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY.THE TWENTY EIGHTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE ^ PRESENT HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 17920 OF 2025 SM0 Between: M/s. V S S Constructions. Rep. by its Managing Partner, S. Veera Shekar Reddy, S/o Chinna Veera Reddy, Aged about 52 years. Occ Contractor. 1st Floor, DCMS Complex. Nagarajupeta, Kadapa City, Y.S.R. Kadapa District. ...Petitioner AND 1. The State Of Andhra Pradesh. Rep. by its Principal Secretary Department of Finance and Planning Velagapudi, Amaravathi. Guntur District. 2. The State of Andhra Pradesh, Rep., by its Principal Secretary Department of Higher Education. Amaravati, Guntur District. 3. Jawaharlal Nehru Technological University, Rep. by its The Vice Chancellor, Kakinada, Kakinada District. 4. Jawaharlal Nehru Technological University, Rep. by its The Rector, Kakinada, Kakinada District. 5. Jawaharlal Nehru Technological University, Rep. by its The Registrar Kakinada, Kakinada District. 6. The Chief Engineer. Jawaharlal Nehru Technological Kakinada, Kakinada District. Secretariat Buildings, Secretariat Buildings, Velagapudi, University ...Respondents praying that in the Petition under Article 226 of the Constitution of India 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 nature of Writ of Mandamus declaring the action of the Respondents in withholding the payment of amount Rs. 2,51,69,696/- (Two Crores Fifty-One Lakhs Sixty-Nine Thousand Six Hundred Ninety-Six Rupees Only) even after finalizing the bills, payable to the petitioner in relation to the work i.e., “Laying of Synthetic Athletic Track (8 lanes) in the campus of Jawaharlal Nehru Technological University, 06/JNTUK/KKD/2023-2024, dt.11.03.2024, 2,51,69,696/- (Two Crores Fifty-One Lakhs Sixty-Nine Thousand Six Hundred Ninety-Six Rupees Only) is waiting for fund clearance with respondents 3 to 6 as illegal, arbitrary and violative of Article 14 and 21 of the Constitution of India and consequently direct the respondents to forthwith consider for I Kakinada”, vide Agreement No. for an amount of Rs. payment of the cumulative total amount of Rs. 2,51,69,696/- (Two Crores Fifty-One Lakhs Sixty-Nine Thousand Six Hundred Ninety-Six Rupees Only) with interest @12% per annum for the delayed amount to the petitioner respect of execution of above-mentioned in works forthwith in terms of Agreement for “Laying of Synthetic Athletic Track (8 lanes) in the campus of Jawaharlal Nehru Technological University, Kakinada”, 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 to direct the respondents to forthwith consider for payment of the cumulative total amount of Rs. 2,51,69,696/- (Two Crores Fifty- One Lakhs Sixty-Nine Thousand Six Hundred Ninety-Six Rupees Only) with interest @12% per annum for the delayed amount to the petitioner in respect of execution of above-mentioned works forthwith in terms of Agreement for Synthetic Athletic Track (8 lanes) in the campus of Jawaharlal Technological University, Kakinada”, vide Agreement No. 143/SE/D1/20IS IS, dt.11.12.2018 and pass. Laying of Nehru .p Counsel for the Petitioner: SRI SHAIK AFZAL MOHAMMED Counsel for the Respondent No.1:GP FOR FINANCE PLANNING Counsel for the Respondent No.2: GP FOR HIGHER EDUCATION Counsel for the Respondents No.4 to 6:SRI N ASHWANI KUMAR The Court made the following Order: APHC010351772025 I IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SM0 [3327] m THURSDAY,THE TWENTY EIGHTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 17920/2025 Between: V S S Constructions ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.SHAIK AFZAL MOHAMMED Counsel for the Respondent(S): 1.GP FOR HIGHER EDUCATION 2.N ASHWANI KUMAR 3.GP FOR FINANCE PLANNING The Court made the following: Order: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following reiief;- ",..To /ssue an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondents in withholding the payment of amount Rs.2,51,69,696/- (Rupees Two Crores Fifty One Lakhs Sixty Nine Thousand Six Hundred Ninety Six Only) even after finalizing the bills payable to the petitioner In relation to the work i.e.. Laying of Synthetic Athletic Track (8 lanes) in the campus of Jawaharlal Nehru Technological University Kakinada, vide. Agreement NO.06/JNTUK/KKD/2023-2024, dated 11.03.2024 for an amount of Rs.2,51,69,696/- (Rupees Two Crores Fifty One Lakhs Sixty Nine Thousand Six Hundred Ninety Six Only) from the respondent Nos. 3 to 6 as Illegal, arbitrary and violative of Article 14 and 21 of the Constitution of India and consequently, direct the respondents to forthwith consider for payment of the cumulative total amount of Rs.2,51,69,696/- (Rupees Two Crores Fifty One Lakhs Sixty Nine Thousand Six Hundred Ninety Six Only) with interest at the rate of 12 percent per annum for the delayed amount to the petitioner In respect of execution of above mentioned works forthwith in terms of Agreement for Laying of Synthetic Athletic Track (8 lanes) in the campus of Jawaharlal Nehru Technological University Kakinada." Today, when the matter came up for hearing, learned counsel appearing on behalf of respondent Nos.4 to 6, on written instructions, 2, submits that, payment of bill remains withheld solely for want of budgetary allotment in the Public Financial Management System (PFMS) account. It is further submitted that no objection or discrepancy has ever been raised by any of the respondents regarding the quantum or technical propriety of the bills and they are actively pursuing for funds release. 3. In view of the same, the Writ Petition i the respondents to pay disposed of, by directing an amount of Rs.2.51,69.696/- (Rupees Two Crores Fifty One Lakhs Sixty Nine Thousand Six Hundred Ninety Six Only) to the petitioner within a period of four (4) weeks from the date of IS receipt of copy of this order. In case of failure to release the amount within the stipulated time as ordered by this Court, the respondents liable to pay the amount with interest @ 6% are p.a., from the date of the order till the date of deposit. There shall be no order as to costs. As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition shall stand closed. Sd/- K.KASI RAO ACHARI ASSISTANT REGISTRAR //^ //TRUE COPY// SECTION. OFBCHR To, Department of Finance and Planning, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Principal Secretary, Department of Higher Education. Secretariat Buildings, Velagapudi, Amaravati, Guntur District. Jawaharlal Nehru Technological University, 1. The Principal Secretary 3. The Vice Chancellor, Kakinada, Kakinada District. ! 4. The Rector, Kakinada District. 5. The Registrar, Jawaharlal Nehru Technological University, Kakinada, Kakinada District. 6. The Chief Engineer, Jawaharlal Nehru Technological University, Kakinada, Kakinada District. 7. One CC to Sri. Shaik Afzal Mohammed, Advocate [OPUC] 8. Two CCs to GP for HIGHER EDUCATION, High Court of Andhra Pradesh [OUT] 9. One CC to Sri. N Ashwani Kumar, Advocate [OPUC] Two CCs to GP for FINANCE PLANNING, High Court of Andhra Pradesh [OUT] Two CD Copies Jawaharlal Nehru Technological University, Kakinada 10. 11. vna ? 'v HIGH COURT DATED:28/08/2025 ORDER I ri SEP 2025 a ^ . Current Section . ^ WP NO. 17920 OF 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS