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2025 DAILYLAW 26412 (AP)

M M R CONSTRUCTIONS v. THE STATE OF ANDHRA PRADESH

WP/19738/2024 · 2025-07-20

Harinath N

body2025

Judgment text

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APHC010372572024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N , WRIT PETITION NO: 19738 OF 2024 Between: M. M. R. Constructions, Rep. by its Proprietor Moldireddy gari Manohar Reddy, R/o. H.No.76-97-448-20-1, Nagendra Nagar, Kurnool, Kurnool District, Andhra Pradesh. ...PETITIONER AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat Buildings, Velagapudi, Amaravathi Guntur District, Andhra Pradesh. The District Collector, Kurnool, Kurnool District. The Kurnool Municipal Corporation, Kurnool, Kurnool District, Rep. by its Commissioner. The Executive Engineer-I, Kurnool Municipal Corporation, Kurnool, Kurnool District, Andhra Pradesh. Assistant Executive Engineer, Kurnool Municipal Corporation, Kurnool, Kurnool District, Andhra Pradesh. The state of Andhra Pradesh, Rep. by its Principal Secretary, Finance Department, Secretariat buildings, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh. 2. 3. 4. 5. 6. 7. The Director of Finance Department, Government of Andhra Pradesh, Velagapudi, Amaravathi. 8. The Director of Works and Accounts, Vijayawada, Krishna District, A.P. 9. Pay and Accounts Officer, Work Accounts, Kurnool, Kurnool 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 an appropriate writ, order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of respondents in not releasing the 1®* and Final bill amount which is admittedly due to the petitioner despite successful completion of work under agreement No. 214 of 2023- 2024 dated 18-11-2023 for the work of Laying of CC Road from AP Urdu residential School to Sahasra Apartment in Vishnu Township at ward No.41 entered with the Respondent No.3, even after successful completion of work and in spite of repeated requests, as arbitrary, illegal, discriminatory, unjust enrichment, violative of the Fundamental Rights guaranteed under Articles 14, 19 and 21 of the Constitution of India, apart from being contrary to the orders of this Hon'ble Court issued from time to time and consequently direct the respondents to release the 1 and final bill amount payable to the petitioner for the work executed by petitioner under the aforesaid agreement, along with interest accrued on the said amounts from the due date till the date of payment. 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 release the withheld 1 payable to the petitioner pursuant agreement No. 214 of 2023-2024 dated 18-11-2023 for the work of "Laying of CC Road from AP Urdu residential School to Sahasra Apartment in Vishnu Township at ward No.41 "entered with and final bill amount r the 3' respondent, forthwith, pending disposal of the above Writ Petition pending disposal of the above writ petition. Counsel for the Petitioner: SRI V. NITESH Counsel for the Respondent No.1:GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent No.2:GP FOR REVENUE Counsel for the Respondent Nos.3 to 5: SRI P. VENGALA REDDY FOR MUNICIPAL CORPORATION Counsel for the Respondent Nos.6 to 9:GP FOR FINANCE & PLANNING The Court made the following order: ,SC APHC010372572024 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: 19738/2024 Between: 1.M M R CONSTRUCTIONS, REP. BY ITS PROPRIETOR MOLDIREDDY GARI MANOHAR REDDY R/0. H.NO. 76-97-448-20-1, NAGENDRA NAGAR, KURNOOL, KURNOOL DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS MUNICIPAL ADMINISTRATION AND DEPARTMENT, SECRETARIAT GUNTUR DISTRICT, PRINCIPAL SECRETARY, URBAN DEVELOPMENT BUILDINGS, VELAGAPUDI, AMARAVATHI ANDHRA PRADESH. 2.THE DISTRICT COLLECTOR, KURNOOL, KURNOOL DISTRICT. 3.THE KURNOOL MUNICIPAL CORPORATION, KURNOOL, KURNOOL DISTRICT, REP. BY ITS COMMISSIONER. 4.THE EXECUTIVE ENGINEER 1, KURNOOL MUNICIPAL CORPORATION KURNOOL, KURNOOL DISTRICT, ANDHRA PRADESH. 5.ASSISTANT EXECUTIVE ENGINEER, KURNOOL MUNICIPAL CORPORATION KURNOOL, KURNOOL DISTRICT, ANDHRA PRADESH. 6.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH. f 2 7.THE DIRECTOR OF FINANCE DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, VELAGAPUDI, AMARAVATHI. 8.THE DIRECTOR OF WORKS AND ACCOUNTS, VIJAYAWADA KRISHNA DISTRICT, A.P. 9.PAY AND ACCOUNTS OFFICER, WORK ACCOUNTS KURNOOL KURNOOL DISTRICT ...RESPONDENT(S): Counsel for the Petitioner: 1.VNITESH Counsel for the Respondent(S): 1.POTHAM VENGALA REDDY SC For M.Corporation in Rayalaseema region In 2.GP FOR REVENUE 3.GP MUNCIPAL ADMN AND URBAN DEV AP 4.GP FOR FINANCE PLANNING The Court made the following: 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 work under agreement No.214 of 2023-2024, dated 18-11-2023 for the work of laying of CC Road from AP Urdu residential School to Sahasra Apartment in Vishnu Township at Ward No.41, entrusted by the respondent- corporation and submitted the final bills. However, the amounts have not been paid. 3. 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 a copy of this order. 4. Accordingly, this Writ Petition is disposed off. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- SHAIK WIOHD. RAFi assistant REGISTRAR section OFFICER //TRUE COPY// To, 1. The Principal Secretary, Municipal Administration and Urban Development Department, State Buildings, Velagapudi, Amaravathi Guntur District, Andhra Pradesh. of Andhra Pradesh, Secretariat 2. The District Collector, Kurnool, Kurnool District. 3. The Commissioner, Kurnool Municipal Corporation, Kurnool, Kurnool District. 4. The Executive Engineer-1, Kurnool Municipal Corporation, Kurnool, Kurnool District, Andhra Pradesh. 5. The Assistant Executive Engineer, Kurnool Municipal Corporation, Kurnool, Kurnool District, Andhra Pradesh. 6. The Principal Secretary, Finance Department, State of Andhra Pradesh, Secretariat buildings, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh. 7. The Director of Finance Department, Government of Andhra Pradesh, Velagapudi, Amaravathi. 8. The Director of Works and Accounts, Vijayawada, Krishna District, A.P. 9. Pay and Accounts Officer, Work Accounts, Kurnool, Kurnool District 10. One CC to Sri V. Nitesh, Advocate [OPUC] Sri P. Vengala Reddy, SC for Municipal Corporation 11. One CC to [OPUC] 12. Two CCs to GP for Municipal Administration and Urban Development, High Court of Andhra Pradesh. [OUT] 13. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 14.Two CCs to GP for Finance and Planning, High Court of Andhra Pradesh [OUT] 15. Two CD Copies ssb HIGH COURT DATED:21/07/2025 ORDER WP No.19738 OF 2024 ^ 0 I AUG 2025 i ntSectiottXV o> DISPOSING OF THE W.P. WITHOUT COSTS