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2025 DAILYLAW 24894 (AP)

M/s.Sri Lakshmi Durga Vaddera LCCS Ltd v. The State of Andhra Pradesh,

WP/17783/2025 · 2025-07-15

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010352002025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI „ (Special Original Jurisdiction) , ^ WEDNESDAY,THE SIXTEENTH DAY OF JULY K TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.Nv- WRIT PETITION MO: 17783 OF 2025 W" Between: M/s.Sri Lakshmi Durga^^ddera Municipal Administration and Urban Development, Velagapudi, Amaravathi. LCCS Ltd, Rep. by its Principal Secretary, Secretariat Buildings, ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and Urban Development Buildings, Velagapudi, Amaravathi. Secretariat 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Finance '^hd Planning, Velagapudi, Amaravathi, Guntur District. Secretariat Buildings, 3. The District Collector, Rajamahendravaram, East Godavari District. 4. The Rajahmundry Municipal Corporation, Rep.lDy its Commissioner, Rajahmundry, East Godavari District. 5. The Executive Engineer, Rajahmundry Municipal Corporation, Rajamahendravaram, East Godavari District. 6. The Pay and Accounts Officer, Works and Accounts, Dowlaiswaram, East Godavari District ...RESPONDENTS r A. 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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not releasing the admitted/finalized bill payable to the petitioner towards the completed work I.e., Construction of Septic Tank, Sewer lines and CC Flooring at Ademtnadibba Vambay Houses in 36 CMDF grant) 2 Division of RMC (Under call, under M-Book Pass Order No. 173/2'd23-2024, nd Rs. 13,77,516/-, even after finalizing the bills as illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India and also oppose to the settled principles of law, and consequently direct the respondents to forthwith release the due amount to the petitioner pending towards the completed work l e., Construction of Septic Tank, Ademmadibba Vambay Houses in 36*'' 2nd call, under M-Book Pass Order No Sewer lines and CC Flooring at Division of RMC (Under CMDF grant) . 173y2023-2024, Rs. 13,77,516/-. lA NO: 1 OF 2C)9R Petition under Section 151 CPC in the affidavit filed in support of the petition, the High Court may be pleased direct respondent Nos. 1 to 3 to release the praying that in the circumstances stated to amount pending towards the Sewer lines and CC completed work I.e., Construction of Septic Tank Flooring at Ademmadibba Vambay Houses in 36th Division of RMC (Under CMDF grant) 2"" call, under M-Book Pass Order No. 173/2023-2024, Rs. of the above writ petition. 13,77^16/-, to the petitioner, pending disposal Counsel for the Petitioner: SRI RAVULA NAGARJUNA Counsel for the Respondent Nos.1 & 3: GP MUNICIPAL V' ADMINISTRATION AND URBAN DEVELOPMENT-^ Counsel for the Respondent Nos.2 & 6:GP FOR FINANCE & PLANNING" Counsel for the Respondent Nos.4 & 5: SRI A.S.C.BOSE, sc FOR municipal corporation The Court made the following order: w APHC010352002025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY, THE SIXTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 17783/2025 Between: 1.M/S.SRI LAKSHMI DURGA VADDERA LOGS LTD, REP. BY ITS PRINCIPAL SECRETARY, AND URBAN DEVELOPMENT MUNICIPAL ADMINISTRATION SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY. MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 2.THE STATE OF ANDHRA PRADESH PRINCIPAL SECRETARY, PLANNING, REP. BY ITS DEPARTMENT OF FINANCE SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. AND 3.THE DISTRICT COLLECTOR, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT, 4.THE RAJAHMUNDRY MUNICIPAL CORPORATION, REP.BY ITS COMMISSIONER, RAJAHMUNDRY, EAST GODAVARI DISTRICT. 2 5.THE EXECUTIVE ENGINEER, RAJAHMUNDRY MUNICIPAL CORPORATION, GODAVARI DISTRICT. 6.THE PAY AND ACCOUNTS OFFICER, WORKS AND ACCOUNTS, DOWLAISWARAM, EAST GODAVARI DISTRICT RAJAMAHENDRAVARAM, EAST ...RESPONDENT(S); Petition under Article 226 of the Constitution of India that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased tomay be pleased to appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not releasing the admitted/finalized bill payable to the petitioner towards the completed work I.e., Construction of Septic Tank, Sewer lines and CC Flooring at Ademmadibba Vambay Houses in 36th Division of RMC (Under CMDF grant) 2nd call, under M-Book Pass Order No. 173/2023-2024 praying issue an Rs.13,77,516/- even after finalizing the bills as illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India and also oppose to the settled principles of law, and consequently direct the respondents to forthwith release the due amount to the petitioner pending towards the completed work I.e., Construction of Septic Tank, Sewer lines and CC Flooring at Ademmadibba Vambay Houses in 36th Division of RMC (Under CMDF grant) 2nd call, under M-Book Pass Order No. 173/2023-2024, Rs. 13,77,516/-, and to pass such 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 may be pleased respondent Nos; 1 to 3 to release the amount pending towards the completed work I.e., Construction of Septic Tank, Sewer lines and CC Flooring at Ademmadibba Vambay Houses in 36th Division of RMC (Under CMDF grant) 2nd call, under M-Book Pass Order No. to direct 3 173/2023-2024, Rs. 13,77,516/-, to the petitioner, pending disposal of the above writ petition and to pass such Counsel for the Petitioner: 1.RAVULA NAGARJUNA Counsel for the Respondent(S): 1.GP FOR MUNCIPAL ADMN URBAN DEV 2.GP FOR FINANCE PLANNING Hi t> The Court made the following Order: Learned counsel for the petitioner submits that the petitioner has completed the work i.e., Construction of Septic Tank, Sewer Lines and CC flooring at Ademmadibba Vambay Houses in 36 Division of RMC (under CMDF grant) as per Agreement th th No. 156/2023-2024, dated 14.12.2023, entrusted by the 5 respondent and submitted the final bills. However, amounts have not been paid to the petitioner. Aggrieved by the same, the present Writ Petition is filed. 2. Heard learned counsel for the petitioner, learned Assistant Government Pleader for Municipal Administration and Urban Development, learned Assistant Government Pleader for Finance and Planning and learned Standing Counsel for Municipal Corporation. Considering the submissions, the concerned respondent is hereby directed to verify and release the payment 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. 3. Accordingly, the Writ Petition is disposed of. There shall be no 4. order as to costs. 5 As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- M.PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. 1. The Principal Secretary, Municipal Aaininistration Development, State of Andhra Velagapudi, Amaravathi. 2. The Principal Secretary, Department of Finance Andhra Pradesh, Secretariat Buildings, Velagapudi, Guntur District 3. The District Collector, Rajamahendravaram, Ea^^Godavari District. 4. The Commissioner, Rajahmundry Municipal Corporation, Rajahmundry, East Godavari District. 5. The Executive Engineer, Rajamahendravaram, East Godavari District. 6. The Pay and Accounts Officer, Works and Accounts East Godavari District. 7. One CC to Sri Ravula Nagarjbna, Advocate [OPUC] 8. One CC to Sri A.S.C. Bose,'SC for Municipal Corporations[OPUC] 9. Two CCs to GP for Municipal Administration High Court of Andhra Pradesh. [OUT] 10. Two CCS to GP for FinartS^e and Planning, High Court of Andhra Pradesh [OUT] 11. Two CD Copies. and Urban Secretariat Buildings, Pradesh, and Planning, State of Amaravathi, Rajahmundry Municipal Corporation , Dowlaiswaram and Urban Development ssb HIGH COURT DATED:16/07/2025 ORDER WP No.17783 OF 2025 -e I 3 Jill J!l?5 I ^ ^ Current Section ^ s&£?spatch«S DISPOSING OF THE W.P. WITHOUT COSTS