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2025 DAILYLAW 26439 (AP)

M/S.S.S.Builders v. THE STATE OF ANDHRA PRADESH

WP/19090/2025 · 2025-07-28

Harinath N

body2025

Judgment text

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APHC010373722025 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: 19090 OF 2025 Between: M/S.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, 1®* 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 pleased to issue an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus withholding the payments of, Lakhs, Seventy Five Thousand after finalizing the bills Construction of declaring the action of the Respondents pending amounts of Rs. 26,75,702/- in (Twenty Six Seven Hundred And Two Rupees only) even payable to the petitioner in relation to the works i e in Gandh- • ° N°-26-7-658 to D.no.26-7-461 in uandhi m division prabhutvam Agreement Roads from Sikkula street no.29 of NMC Under gadapa gadappaku no.203/GGMP/2023-24 ,Dt 7-9-2023.,ii.Laying of CC n,n ■ r.- ‘^'^“■26-7-1137 in subash Chandra bose nagar ,n D,vision no.29 of NMC Under gadapa gadapaku mana Agreement mana prabhutham, 14.11.2023, III. Laying of no.403/GGMP/2023-2024,Date Roads (Upgradation of CC CC Road) from D.No.26-5-235 Venkata reddy nagar in division no29 of NMC Under prabhuthavam. Agreement to D.No.26-5-244 in gadapa gadapaku mana 263/GGMP/EEIIi/2023-24,Date 3.10.2023 bad ,illegal, arbitrary, improper, unjust and constitution of india and no. as against the Article 21 of consequently direct the respondents to pay the Thousand per annum for executed by the amounts of Rs. 26,75,702/- (Twenty Six Lakhs, Seventy Five Seven Hundred And Two Rupees only) with interest @ 24% the delayed amount till date of realization for the works petitioner. jA NO: 1 OF 907^ Petition under Section 151 CPC in the affidavit filed i direct the Rs.26,75,702/- (Twenty And Two Rupees only) the writ petition. Counsel for the Petitioner- Counsel for the Respondent No. praying that in the circumstances stated in support of the petition, the High Court respondents to forthwith may be pleased to amounts Seven Hundred pending disposal of consider releasing the Six Lakhs, Seventy Five Thousand payable to the petitioner herein. SRI DEVASRI ROSHAN KANCHARLA 1: GP FOR MUNICIPAL administration and urban development Counsel for the Respondent Nos.2 & 3: SRI A.S.C.BOSE, SC FOR municipal corporation Counsel for the Respondent No.4:GP FOR FINANCE The Court made the following order: AND PLANNING APHC010373722025 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: 19090/2025 Between: 1.M/S.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 AND URBAN DEVELOPMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR. 2.THE EXECUTIVE ENGINEER, NELLORE MUNICIPAL CORPPRATION , SPSR NELLORE DISTRICT. CORPORATION MUNICIPAL 3.THE REP.BY.COMMISSIONER, SPSR NELLORE DISTRICT. NELLORE 4.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. ...RESPONDENT(S); 2 I 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-Corporatio n 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 2. 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 respondents 2 and 3. Considering the submissions, the respondents 2 to 4 are hereby 3. 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. 4. Pending miscellaneous petitions, if any, shall stand closed. Sd/- Wl. SRIN'.VAS assistant registrar 5. //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 Commissioner, Nellore Municipal Corporation, SPSR Nellore District. 4. The Principal Secretary, Department of Finance and Planning, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Guntur District. 5. One CC to Sri Devasri Roshan Kancharla, Advocate [OPUC] 6. One CC to Sri A.S.C. Bose, SC for Municipal Corporations[OPUC ] 7. Two CCs to GP for Municipal Administration and Urban Development, High Court of Andhra Pradesh. [OUT] 8. Two CCs to GP for Finance and Planning, High Court of Andhra Pradesh [OUT] 9. Two CD Copies. Amaravathi ssb ¥ rti HIGH COURT DATED:29/07/2025 ORDER WP No.19090 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS