M/s. Siva Sai Constructions, v. The State of Andhra Pradesh
WP/17944/2024 · 2025-07-20
Harinath N
body2025
DailyLaw.ai
[ 2025 DAILYLAW 24969 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 24969 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010352402024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF JULY /-|o (\5. ^ TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE HARINATH.N ///" \ ■' v" ■5*., WRIT PETITION NO: 17944 OF 2024 Between: M/s. Siva Sai Constructions, Kutagulla, Kadiri Rep. by its Proprietor, K.V.Rama Chandra Reddy, S/o. K.V. Govinda Reddy Aged about 63 years, having its Office at Kutugaulla Village, Kutagulla, Kadiri Mandal, Satya Sai District. ...Petitioner AND
1. The State of Andhra Pradesh, rep., by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The State of Andhra Pradesh, rep., by its Principal Secretary, Finance Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 3. The Kadiri Municipality, rep., by its Commissioner, Kadiri Town, Sri Satya Sai District. 4. The Commissioner, The Kadiri Municipality, Kadiri Town, Sri Satya Sai District. 5. The District Collector, Satya Sai District, Puttuparthy. ...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 pleaseef to pass an appropriate Writ more particularly one in the nature of Writ of Mandamus declaring the inaction of the Respondents in payment of the bills towards “Laying of 450mm CC drain from D.No.1/1135-84-A to D.No.1/1135- D-1E2A from D.No. 1 /1135-7f to D.No. 1 -1135-6m D.No. 1 -1135-7D-A9 to Shirdi Sai School back side and D.No.1-1135-17-5 to D.No.14 3-12-F-17-2 Adapala Street-02 in 5th Election Wai|;d in Kadiri Muncipality, Under GGMP-HIW Funds- 2022-23, by the Petitioner even after lapse of One (1) year from the date of completion of the said works, as arbitrary, illegal, colourable exercise of power, abdication of the statutory duty cost on them and contrary to the well-established legal principles apart from being violative of the fundamental rights guaranteed to the petitioner under Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondents to pay me a sum of Rs.
15,28,374/- (Rupees Fifteen Lakhs Twenty Eight Thousand Three Hundred and Severity Four Only) for works entrusted in petitioners favour and executed by the petitioner towards Construction of 450 mm CC Drains from from D.N0.1/1135-84-A to D.No.1/1135-D-1E2A from D.No.1/1135-7f to D.No.1-1135-6m D.No.1-1135-7D-A9 to Shirdi Sai School back side and D.No.1-1135-17-5 to D.No.14 3-12-F-17-2 Adapala Street-02 in 5th Election Ward in Kadiri Muncipality Under GGMP-HIW Funds- 2022-23 executed by the petitioner alongwith interest @ 12% p.a.
lA NO: 1 OF 2024 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 me a Rs. 15,28,374/- (Rupees Fifteen Lakhs Twenty Eight Thousand Three Hundred and Seventy Four Only) for works entrusted in my favour and executed by me towards “Construction of 450 mm CC Drains from D.No.1/1135-84-A to D.No.1/1135-D-1E2A from D.No.1/1135- 7f to D.No.1-1135-6m D.No.1-1135-7D-A9 to Shirdi Sai School back side and
w ^ D.No.1-1135-17-5 to D.No.14 3-12-F-17-2 Adapala Street-02 Ward in Kadiri Muncipality Under GGMP-HIW Funds- 2022-23 executed by the petitioner. Counsel for the Petitioner: SRI B ABHAY SIDDHANTH MOOTHA Counsel for the Respondent Nos. 3 & 4: SRI N RANGA REDDY (SC FOR MC RSEEMA SPSR NLR) Counsel for the Respondent Nos. 1 & 5: GP FOR MUNCIPAL ADMN AND URBAN DEV Counsel for the Respondent No.2: GP FOR FINANCE & PLANNING The Court made the following order: in 5th Election
APHC010352402024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 17944/2024 Between:
1.M/S. SIVA SAI CONSTRUCTIONS,, KUTAGULLA ,KADIRI REP. BY ITS PROPRIETOR, K.V.RAMA CHANDRA REDDY, S/0 KV GOVINDA REDDY AGED ABOUT 63 YEARS, HAVING ITS OFFICE AT KUTUGAULLA VILLAGE, KUTAGULLA, KADIRI MANUAL, SATYA SAI DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS VELAGAPUDt, AMARAVATI, GUNTUR DISTRICT. 2.THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT,SECRETARIAT BUILDINGS VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3.THE KADIRI MUNICIPALITY, REP., BY ITS COMMISSIONER, KADIRI TOWN, SRI SATYA SAI DISTRICT. 4.THE COMMISSIONER, THE KADIRI MUNICIPALITY, KADIRI TOWN SRI SATYA SAI DISTRICT.
5.THE DISTRICT COLLECTOR, SATYA SAI DISTRICT, PUTTUPARTHY ...RESPONDENT(S):
Counsel for the Petitioner:
1.B.ABHAY SIDDHANTH MOOTHA Counsel for the Respondent(S):
1.N RANGA REDDY (SC MC RSEEMA 2.GP MUNCIPAL ADMN AND URBAN 3.GP FOR FINANCE PLANNING The Court made the following:
SPSR NLR) DEVAP
3
ORDER:- Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Finance and the learned Standing Counsel for the respondent-corporation.
2. The learned counsel for the petitioner submits that the petitioner has completed the works i.e., laying of 450mm CC drain from D.No.1/1135-84-A to D.N0.1/1135-D-1E2A from D.No.1/1135-7f to D.No.1-1135-6m D.No.1-1135- 7D-A9 to Shirdi Sai School back side and D.No. 1-1135-17-5 to D.No.14 3-12- F-17-2, Adapala Street-02 in 5^^ Election Ward in Kadiri Municipality, under GGMP-HIW Funds- 2022-23, entrusted by the respondent-corporation submitted the final bills. and
3. It is submitted that a total amount of Rs.15,28,374/- is due and payable by the respondent-Corporation to the petitioner on account of the completion of the aforesaid works. However, the said amount has not been paid.
4. Considering the
submissions, there shall be a direction to the respondents to verify and release the payments as expeditiously as possible preferably within a period of six (06) weeks from the date of receipt of of this order. a copy
5. Accordingly, this Writ Petition is disposed off. There shall be no order as to costs.
4 As a sequel, miscellaneous petitions pending, if any, shall stand dosed.
Sd/- B PRASADA RAO ASSISTANT REGiST.RAR //TRUE COPY// SEC FFICER To,
1. The Principal Secretary, Municipal Administration Development Department, Amaravati, Guntur District.
2. The Principal Secretary, Finance Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District.
3. The Kadiri Municipality, rep., by its Commissioner, Kadiri Town, Sri Satya Sai District.
4. The Commissioner, The Kadiri Municipality, Kadiri Town, Sri Satya Sai District.
5. The District Collector, Satya Sai District, Puttuparthy
6. One CC to Sri B.Abhay Siddhanth Mootha, Advocate [OPUC]
7. Two CCs to GP for Muncipal Admn and Urban Dev, High Court of Andhra Pradesh [OUT]
8. Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh [OUT]
9. One CC to Sri N Ranga Reddy (SC for MC Rseema SPSR NLR) Advocate [OPUC]
10. Two CD Copies and Urban Velagapudi, Secretariat Buildings, TF
HIGH COURT DATED:21/07/2025
ORDER WP NO. 17944 OF 2024 n ii Aus ?n?5 Curreni Section ^ 3t mi o to DISPOSING OF THE W.P., WITHOUT COSTS