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High Court of Andhra Pradesh · body

2025 DAILYLAW 25615 (AP)

G V S ENTERPRISES v. THE STATE OF AP

WP/18446/2025 · 2025-07-20

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010361282025 IN THE HIGH COURT OF ANDHRA PRADESJH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE TWENTY FIRST DAY OF JULY fq TWO THOUSAND AND TWENTY FIVE ^ PRESENT THE HONOURABLE SRI JUSTICE HARINATH.I^ WRIT PETITION NO: 18446 OF 2025 Between: M/s. G. V. S. ENTERPRISES, Visakhapatnam, Rep. by its Managing Partner R V S S Raju, S/o. R Krishnam Raju, Aged about 51 years, Occ Contractor, R/o. 27-3-105/1/3, Official Colony, Srinagar, Gajuwaka, Visakhapatnam, Pincode 530026. ...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, 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. Secretariat Buildings, 7. The Executive Engineer-VI, Greater Visakhapatnam Municipal Corporation, Visakhapatnam, Visakhapatnam District. 8. The Chief Executive Officer, AP CFMS Office, 6th Floor, C-Block, Anjaneya Towers, Ibrahimpatnam, Krishna District. ...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 Rs.7,35,196/- vide M Book No. 597/15-16, even after finalizing the bills, payable to the petitioner in relation to the works i.e.. Providing finishing Works to Sri Krishna Devaraya Kalyanamandapam at Karnavanipalem of Gajuwaka Constituency in Ward No. 61, Zone-V of GVMC (SDFWA and DA Grant), vide Agreement No. 135/2018-19/ EE-V/ DB/ Dt. 03.01.2019 is questioned, as the is illegal, arbitrary and consequently direct the respondents to pay for payment of amount of Rs.7,35,196/- vide M Book No. 597/15-16 with interest @24% per annum for the delayed amount to the petitioner in 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.7,35,196/-vide M Book No. 597/15-16 with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works i.e. Providing finishing Works to Sri Krishna Devaraya Kalyanamandapam at Karnavanipalem of Gajuwaka Constituency in Ward No. 61, Zone-V of GVMC (SDFWA&DA Grant), vide Agreement No. 135/2018-19/ EE-V/ DB/ Dt. 03.01.2019, forthwith, pending disposal of the Writ Petition. of same Counsel for the Petitioner: SMT. MODAPOTHULA SUMALATHA Counsel for the Respondent Nos.1,3 & 4: GP FOR MUNICIPAlT ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent Nos.2 & 8:GP FOR FINANCE Counsel for the Respondent Nos.5 to 7:SRI A.S.C.BOSE, SC FOR MUNICIPAL CORPORATIONS & PLANNING The Court made the following order: APHC010361282025 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: 18446/2025 Between: 1.G V S ENTERPRISES, VISAKHAPATNAM, REP. BY ITS MANAGING PARTNER R V S S RAJU, S/0. R KRISHNAM RAJU, AGED ABOUT 51 YEARS, OCC CONTRACTOR, R/0. 27-3-105/1/3, OFFICIAL COLONY, SRINAGAR, GAJUWAKA, VISAKHAPATNAM, PINCODE 530026. ...PETITIONER AND 1.THE STATE OF AP, 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, GORANTLA, GUNTUR, GUNTUR DISTRICT. 4.THE DISTRICT COLLECTOR, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 5.THE GREATER VISAKHAPATNAM MUNICIPAL CORPORATION REP. BY ITS COMMISSIONER, VISAKHAPATNAM DISTRICT. 6.THE SUPERINTENDING ENGINEER, GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. VISAKHAPATNAM f 'A ' SIScT '™'"-»"» DISTRICT. IBRAHIMPATNAM, KRISHNA ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the Dlea^<;pdr?^ Stated in the affidavit filed therewith, the High^Court may^L or - ° ^ mandamus or any other appropriate^writ of Rs Respondents not releasing the amount M Book No. 597/15-16, even after finali^ng the bills to relation to the works i.e.. Providing finishing Works Kalyanamandapam at Karnavanipalem of Gajuwaka Constituency in Ward No. 61, Zone-V of GVMC (SDFWA and Agreement No. 135/2018-19/ EE-V/ DB/ Dt same DA Grant), vide ic iii«« I u x , 03.01.2019 is questioned, as the npvmJnt consequently direct the respondents to pay for Wment of amount of Rs.7,35,196/- vide M Book No. 597/15-16 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 2Q2fi in f n?®! i" the circumstances stated PliaL ot dirert th ^'9'' ^““^t may be pleased nease to direct the respondents to pay for payment of amoiint nf Rs.7 35,196/-vide M Book No. 597/15-16 with interLt @24% per annum for th® delayed amount to the petitioner in respect of execution^of works i e Providing finishing Works to Sri Krishna Devaraya Kalyanamandapa m at (SDFWA&DA^'^cL^^^ Constituency in Ward No. 61, Zone-V of GVMC ol o^^nfq trth >h ^ ''L ^a'®®^®"* No. 135/2018-19/ EE-V/ DB/ Dt 03.01.2019, forthwith, pending disposal of the Writ Petition and pass 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 completed the works entrusted by the 5*^ respondent-corporation as per No. 135/2018-2019/EE-V/DB. dated 03.01.2019 and submitted Agreement final bills. It is submitted that, in all, an amount of Rs.7,35,196/- is due payable to the petitioner. However, amounts have not been paid. Aggrieved by the same, the present Writ Petition is filed. 2. Heard the learned counsel for the petitioner; the learned Assistant Government Pleader for Municipal Administration and Urban Development, for the respondents 1, 3, 4; the learned Assistant Government Pleader for Finance and Planning, for the respondents 2 and 8 and the learned Standing Counsel for respondents 5 to 7. 3. Considering the submissions, the respondents 2 to 8 are hereby directed to verify and release the payment due payable to the petitioner as expeditiously as possible preferably within a period of six (6) weeks from the date of receipt of a 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.RAWIESH BABU DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The special Chief Secretary, Department of Municipal Administration of Andhra Pradesh, Secretari^ And Urban Development, State Buildings, Velagapudi, Amaravathi, Guntur District. Department of Finance and Planning, State oT Andhra Pradesh, Secretariat Buildings, Velagapudi, 2. The Principal Secretary, Amaravathi, Guntur District. 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-VI, Greater Visakhapatnam Municipal Corporation, Visakhapatnam, Visakhapatnam District. 8. The Chief Executive Officer, AP CFMS Office, 6th 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[OPUC]^ 11. Two CCs to GP for Municipal Administration and Urban Development, High Court of Andhra Pradesh. [OUT] 12. Two CCs to GP for Finance and Planning High Court of Andhra Pradesh [OUT] 13. Two CD Copies. ssb ‘^1 HIGH COURT DATED:21/07/2025 ORDER WP No.18446 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS