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2025 DAILYLAW 25588 (AP)

M/s. K.S.R and Company, v. THE STATE OF ANDHRA PRADESH

WP/18318/2024 · 2025-04-08

Subba Reddy Satti

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010361692024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY ,THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 18318/2024 Between: 1. M/S. K.S.R AND COMPANY,, D.NO. 1-410, OLD RAMALAYAM STREET, RAVULAPALEM MANDAL, DR. B.R. AMBEDKAR KONASEEMA DISTRICT. REP.BY ITS MANAGING PARTNER KARRI CHANDI KESWARA REDDY. 2. KARRI CHANDI KESWARA REDDY,, S/O. SUBBI REDDY, AGED 56 YEARS, OCC CONTRACTOR, R/O. D.NO. 1-410, OLD RAMALAYAM STREET, RAVULAPALEM VILLAGE AND MANDAL, DR. B.R. AMBEDKAR KONASEEMA DISTRICT ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY ROADS AND BUILDINGS (R AND B) DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATI, THULLUR MANDAL, GUNTUR DISTRICT. 2. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, THULLUR MANDAL, GUNTUR DISTRICT. 3. THE CHIEF ENGINEER, SH 85 MD, APRDC, NEW R AND B BUILDING, 5 FLOOR, M.G.ROAD, OPP INDIRA GANDHI MUNICIPAL STADIUM, VIJAYAWADA. 4. THE SUPERINTENDING ENGINEER, R AND B CIRCLE, KAKINADA, KAKINADA DISTRICT 5. THE EXECUTIVE ENGINEER, R AND B DIVISION, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT. 6. THE DIRECTOR OF WORKS AND ACCOUNT OFFICER, NIDHI BHAVAN, MANGAILAGIRI IT PARK, BEHIND APIIC BUILDING, MANGALAGIRI, GUNTUR DISTRICT. 7. THE PAY AND ACCOUNTS OFFICER, WORKS AND ACCOUNTS DEPARTMENT, KAKINADA, KAKINADA 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 to issue a Writ, Order, or Direction more particularly one in the nature of WRIT OF MANDAMUS or any other appropriate writ or direction declaring the action of the respondents in not releasing the payments for the works i.e.. Improvements to Riding Surface to Rajanagaram-Burugupudi road from Km 0/000 to 10/500 in East Godavari District through the L.S. Agreement No. CR.No. /2023- 24 dated 19-12-2023 for an amount of Rs. 37,71,491/- (3r'd Part and final bill) as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondent authorities to release Rs. 37,71,491/- (3rd Part and final bill) for the pending final bills forthwith for the above said works executed by the petitioners and pass such IA 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 may be pleased to direct respondents to consider for payment of amount of Rs. 37,71,491/- Part and final bill) for the pending final bills for the works executed by the petitioners i.e.. Improvements to Riding Surface to Rajanagaram-Burugupudi road from Km 0/000 to 10/500 in East Godavari District through the L.S. Agreement No. CR.No. /2023-24 dated 19-12-2023 for an amount of Rs. 37,71,491/- (3«-d Part and final bill) forthwith, pending disposal of the main Writ Petition and pass such Counsel for the Petitioner(S): 1. RAMBABU KOPPINEEDI Counsel for the Respondent(S): 1. GP FOR ROADS BUILDINGS 2. GP FOR FINANCE PLANNING The Court made the following: :: ORDER :: The above writ petition is filed to declare the action of respondent authorities in not releasing the payments for the work done by the petitioner, i.e., improvements to the riding surface of Rajanagaram—Burugupudi road from km 0/000 to 10/500 in East Godavari District, illegal and arbitrary. 2. Today, when the matter is listed, the learned Assistant Government Pleader would submit that the amount was paid to the petitioner. Learned counsel for the petitioner endorsed the same. 3. Given the facts and circumstances of the case and since the amount was paid to the petitioner, the cause in the writ petition does not survive for adjudication, and the Writ Petition is closed. No order as to costs. Miscellaneous petitions, if any pending, in this case, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 08.04.2025 TVN 245 HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.18318 OF 2024 Date: 08.04.2025 TVN