M/s. Nikhita Enterprises, v. The State of Andhra Pradesh,
WP/18241/2025 · 2025-07-17
Harinath N
body2025
DailyLaw.ai
[ 2025 DAILYLAW 25654 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 25654 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010362462025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) E FRIDAY,THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 18241 OF 2025 Between: M/s. Nikhita Enterprises, Rep. by its Proprietor Bathula Lakshmaiah, S/o. Veeraiah, Aged 32 years, Occ- Contractor, R/o. D.No. 157, Uda Colony,Opp Vasavi Club, Ajith Singh Nagar, Vijayawada, N T R District. ...PETITIONER AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration Department, AP Secretariat, Velagap.udi, Amaravati, Guntur District. 2. The Commissioner and Director of Municipal Administration, Prime Hill Crest, 4th Floor, Near DGP Office, Vaddeswaram Village, Mangalagiri, Guntur District. 3. Vijayawada Municipal Corporation, Rep by its Commissioner, Vijayawada, Vijayawada NTR District
4. The Superintendent Engineer, Vijayawada, Vijayawada Municipal Corporation. 5. The Executive Engineer, Municipal Corporation Vijayawada. 6. The Deputy Executive Engineer, Municipal Corporation Vijayawada. 7. The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance Department, AP Secretariat, Velagapudi, Amaravati, Guntur District
r ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circuhnstances stated in the affidavit filed therewith, the High Court may be .pledged to issue a writ of mandamus or any other appropriate writ or direction decfaring the action of the Respondents in withholding the payment of an amounts of 1) Rs. 16,98,228/- and 2) Rs. 16,57,826/- and totally an amount Rs.33,56,054/- even after finalizing the bills, payable to the petitioner in relation to the works i.e., 1) CC Road from UGD Line to Sai baba Temple road and Krishna Bank beside roadin Lakshmi Nagar in 62th Division 2) CC Road and Side Drin No.3 in 54th Division Vijayawada Municipal Corporation, and Upgradation to Aabhothuia Appana vari Street Vijayawada Municipal Corporation is questioned, arbitrary and consequently direct the respondents to pay the amounts of 1) Rs. 16,98,228/- and 2) Rs. 16,57,826/- and totally an amount Rs.33,56,054/- with interest @12% per annum for the delayed amount to the petitioner in respect of execution of above- mentioned work forthwith. as the same is illegal 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 the amounts of 1) Rs. 16,98,228/- and 2) Rs.
16,57,826/- and totally an amount Rs.33,56,054/- even after finalizing the bills, payable to the petitioner in relation to the works i.e., 1) CC Road from UGD Line to Sai baba Temple road and Krishna Bank beside road in Lakshmi Nagar in 62nd Division Vijayawada Municipal Corporation, and 2) CC Road and Side Drin Upgradation to Aabhothuia Appana vari Street No.3 in 54th Division Vijayawada Municipal Corporation forthwith, pending disposal of the Writ Petition. Counsel for the Petitioner: SRI PRATHIWADA VARUN KUMAR Counsel for the Respondent Nos.1 & 2: GP MUNICIPAL administration and urban development Counsel for the Respondent Nos.3 to 6: SRI S.V.S.S.SIVA RAM, SC FOR VMC Counsel for the Respondent No.7:GP FOR FINANCE AND PLANNING The Court made the following order:
APHC010362462025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) / [3457] FRIDAY,THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 18241/2025 Between:
REP. BY ITS PROPRIETOR BATHULA LAKSHMAIAH, S/0. VEERAIAH, AGED 32 YEARS, OCC- CONTRACTOR, R/0. D.N0.157, UDA COLONY,OPP VASAVI CLUB, AJITH SINGH NAGAR, VIJAYAWADA, N T R DISTRICT. 1.M/S. NIKHITA ENTERPRISES T > ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION DEPARTMENT, AP SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2.THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, PRIME HILL CREST, 4TH FLOOR, NEAR DGP OFFICE, VADDESWARAM VILLAGE, MANGALAGIRI, GUNTUR DISTRICT. 3.VIJAYAWADA MUNICIPAL CORPORATION, REP BY ITS COMMISSIONER, VIJAYAWADA, VIJAYAWADA NTR DISTRICT 4.THE SUPERINTENDENT ENGINEER, VIJAYAWADA, VIJAYAWADA MUNICIPAL CORPORATION. 5.THE EXECUTIVE ENGINEER, MUNICIPAL VIJAYAWADA. 6.THE DEPUTY EXECUTIVE ENGINEER, MUNICIPAL CORPORATION VIJAYAWADA. 7.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, AP SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT CORPORATION
2 ...RESPONDENT(S): cirr„mJ^i? Constitution of India praying that in the SeasertomL he® T therewith, the High Court may be SoE Z °f ‘he RespondZts in Z lfi h7R9R^ a ZT ®'‘‘°t"'ts of 1) Rs. 16,98,228/- and 2) Ms oavabte in the ?
f ^ Rs.33,56,054/- even after finalizing the UGD ZZZai heh'^ T ’’Z"®" '° 'h® i e., 1) CC Road from N^ar^ n R^if ‘^"*'‘"3 Bank beside roadin Lakshmi Zd 4rie nrin ^ a Municipal Corporation, and 2) CC Road Divkinn \/uT CPStadahon to Aabhothuia Appana vari Street No.3 in 54th S arWtra^Znd^re Pnaationed, as the same is 0 1 ' R^ Te 98 228rand®? ''p Zi'^® respondents to pay the amounts fo^Hr - ‘he'Xed a= and pasf ' ®hove- mentioned work forthwith lA NO: 1 OF 2n9fi CcTRoad'T^ petitioner in relation to the works i e if. f K ^ Temple road and Krishna B^nk beside and 2) CC d and Vijayawada Municipal Corporation f ^ UP9''adation to Aabhothuia Appana No.3 in 54th Division Vijayawada Municipal Corporation disposal of the Writ Petition and vari Street forthwith, pending pass Counsel for the Petitioner:
1. PRATHIWADA VARUN KUMAR Counsel for the Respondent(S):
1. GP MUNCIPAL ADMN AND URBAN DEV AP 2.GP FOR FINANCE PLANNING
3 The Court made the following Order;
Learned counsel for the petitioner submits that the petitioner has completed the works entrusted by the respondent-corporation and submitted final bills. However, amounts have not been paid. Aggrieved by the same, the present Writ Petition is filed. Heard the learned counsel for the petitioner; the learned Assistant Government Pleader for Municipal Administration and Urban Development, for respondents 1 and 2; the learned Assistant Government Pleader for Finance and Planning, for the 7*^ respondent and the learned Standing Counsel for respondents 3 to 6.
3. Considering the submissions, the respondents 2 to 7 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 siand closed.
Sd/- N. NAGAMMA ASSISTANT REGISTRAR ^ OFFICER V A
2. //true copy// SE' To, Municipal Administration Department, State of Amaravati, Guntur
1. The Principal Secretary Andhra Pradesh, AP Secretariat, Velagapudi, District.
2. The Commissioner and Director Crest, 4^*^ Floor, Near DGP Office Guntur District.
3. The Commissioner, Vijayawada Vijayawada NTR District of Municipal Administration, Prime Hill Vaddeswaram Village, Mangalagiri, Municipal Corporation, Vijayawada,
4. The Superintendent Engineer, Vijayawada, Vijayawada Municipal Corporation.
5. The Executive Engineer, Municipal Corporation Vijayawada.
6. The Deputy Executive Engineer, Municipal Corporation Vijayawada. Finance Department, State of Andhra
7. The Principal Secretary Pradesh, AP Secretariat, Velagapudi, Amaravati, Guntur District
8. One CC to Sri Prathiwada Varun Kumar, Advocate [OPUC]
9. One CC to Sri S.V.S.S.Siva Ram, SC for VMC[OPUC]
10. Two CCs to GP for Municipal Administration and Urban Development High Court of Andhra Pradesh. [OUT] GP for Finance and Planning, High Court of Andhra
11. Two CCs to Pradesh [OUT]
12. Two CD Copies. ssb
HIGH COURT DATED: 18/07/2025 I 28JUL 2025 % >o
ORDER WP No.18241 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS