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2025 DAILYLAW 26408 (AP)

S S BUILDERS v. THE STATE OF ANDHRA PRADESH

WP/19079/2025 · 2025-07-28

Harinath N

body2025

Judgment text

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APHC010373682025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY NINETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 19079 OF 2025 Between: S S Builders, Rep. by Prop. Sri Dasari Raju Himachalam S/o.D.Krishnama raju,Aged 44 years. Flat no.302,Raja Homes,Vijaya Lakshmi Nagar, 1st Street,Podalakuru Road, Nellore ,SPSR Nellore District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Department of Municipal, Administration and Urban Development, Secretariat Building, Velagapudi, Amaravathi, Guntur. 2. The Executive Engineer, Nellore Municipal Corporation, SPSR Nellore District. 3. The Nellore Municipal Corporation, Rep.by. Commissioner, SPSR Nellore District. 4. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Finance and Planning Secretariat Buildings, Velagapudi, Amaravathi, Guntur 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 J 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 withholding the payments of pending amounts of Rs. 22,21,874/- (Twenty Two Lakhs, Twenty One Thousand Eight Hundred And Seventy Four Rupees only) even after finalizing the bills payable to the petitioner in relation to the works i.e. I. Laying of CC Roads from D.No.26-7-1085 to Auto Nagar road in Subash Chandra Bose Nagar in division no.29 of NMC Under Gadapa Gadappaku Mana Prabhutvam Agreement no.401/GGMP/2023-24 ,Dt14-11- 2023.,II.Laying of CC Roads from road From D.No.26-2-3289/1 to DNo.339 in Manosiddhi nagar in Division no.29 of NMC Under gadapa gadapaku prabhutham. Agreement no.402/GGMP/2023-2024,Date 14.11.2023,111. Laying of CC Roads from D.No.26-5-364 to FCI Godown in venkata reddy nagar in division mana no.29 of NMC Under Gadapa gadapaku mana prabhutvam Agreement no.266/GGMP/EEIII/2023-24,Date 3-10-2023 as bad ,illegal. arbitrary, improper, unjust and against the Article 21 of constitution of India and consequently direct the respondents to pay the amounts of Rs. 22,21,874/- (Twenty Two Lakhs, Twenty One Thousand Eight Hundred And Seventy Four Rupees only) with interest @ 24 percent per annum for the delayed amount till date of realization for the works executed by the petitioner. 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 forthwith consider releasing the amounts Rs. 22,21,874/- (Twenty Two Lakhs, Twenty One Thousand Eight Hundred And Seventy Four Rupees only) payable to the petitioner herein, pending disposal of the writ petition. Counsel for the Petitioner: SRI DEVASRI ROSHAN KANCHARLA Counsel for the Respondent No. 1 and 2: GP MUNCIPAL ADMN AND URBAN DEV Counsel for the Respondent No. 3: SRI A S C BOSE SC FOR MUNICIPAL CORPORATION Counsel for the Respondent No. 4: GP FOR FINANCE PLANNING The Court made the following order: APHC010373682025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE TWENTY NINETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 19079/2025 Between: 1.S S BUILDERS, REP.BY.PROP.SRI DASARI RAJU SIMACHALAM S/O.D.KRISHNAMA RAJU,AGED 44 YEARS, FLAT NO.302,RAJA HOMES,VIJAYA LAKSHMI NAGAR, 1ST STREET,PODALAKURU ROAD, NELLORE ,SPSR NELLORE DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPAL, ADMINISTRATION SECRETARIAT BUILDING, AND URBAN DEVELOPMENT, VELAGAPUDI, AMARAVATHI, GUNTUR. 2.THE EXECUTIVE ENGINEER, NELLORE MUNICIPAL CORPPRATION , SPSR NELLORE DISTRICT. CORPORATION, MUNICIPAL NELLORE 3.THE REP.BY.COMMISSIONER, SPSR NELLORE DISTRICT. 4.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL DEPARTMENT OF FINANCE AND PLANNING SECRETARY, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. ...RESPONDENT{S); * 2 Counsel for the Petitioner: 1.DEVASRI ROSHAN KANCHARLA 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 3^^ respondent-Corporation and submitted final bills. It is submitted that the progress was entered in the M-Book. 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 respondent No.1 and the learned Assistant Government Pleader for Finance and Planning, for the 4'^ respondent and the learned Standing Counsel for 2. respondents 2 and 3. Considering the submissions, the respondents 2 to 4 are hereby directed to verify and release the payments 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. Accordingly, the Writ Petition is disposed of. No costs. 3. 4. Pending miscellaneous petitions, if any, shall stand closed. Sd/- M. SRINIVAS ASSISTANT REGISTRAR 5. 4o //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Department of Municipal Administration and Urban Development, State of Andhra Pradesh, Secretariat Building, Velagapudi, Amaravathi, Guntur. 2. The Executive Engineer, Nellore Municipal Corporation, SPSR Nellore District. 3. The Nellore Municipal Corporation, Rep by Commissioner, Nellore District. SPSR 4. The Principal Secretary, Department of Finance and Planning, State of Andhra Pradesh, Guntur District. 5. One CC to Sri. Devasri Roshan Kancharla Advocate [OPUC] 6. One CC to Sri. A S C Bose SC for Municipal Corporation [OPUC] 7. Two CCs to GP for Finance Planning High Court of Andhra Pradesh [OUT] 8. Two CCs to GP for Municipal Admin and Urban Development, High Court of Andhra Pradesh [OUT] 9. Two CD Copies GSC Secretariat Buildings, Velagapudi, Amaravathi, m HIGH COURT DATED:29/07/2025 ORDER WP NO. 19079 OF 2025 5 n AUG 2025 C9 disposing the WP WITHOUT COSTS