NAIDU CONSTRUCTIONS v. THE STATE OF ANDHRA PRADESH
WP/19569/2025 · 2025-07-30
Harinath N
body2025
DailyLaw.ai
[ 2025 DAILYLAW 26491 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 26491 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010374802025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 19569 OF 2025 Between: M/s. Naidu Constructions, Visakhapatnam., Rep. by its Managing Partner V Chandru Naidu, S/o. Suri Naidu, Aged about 55 years, Occ: Contractor, R/o. D.No. 60-33-111, TDP Street, Malkapuram, Visakhapatnam, Visakhapatnam District. ...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, 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, Guntur
7. The Executive Engineer-IV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam, Visakhapatnam District. 8. The Chief Executive Officer, AP CFMS Office, Anjaneya Towers, Ibrahimpatnam, Krishna District. 6th Floor, C-Block ...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 12,54,013/- vide M Book No. 829/2016-17 amount of Rs. even after finalizing the bills, payable to the petitioner in relation to the works i.e., Construction of Community hall at Janatha Colony (opp Substation) in Ward No.48, vide Agreement No. 173/18-19/SE(W)/EE-IVB/DB, dated 19.07.2018 is questioned, as the is illegal, arbitrary and consequently direct the respondents to pay for payment of amount of Rs. 12,54,013/- vide M Book No. 17 with interest (^24% per annum for the delayed amount to the petitioner i respect of execution of above- mentioned work forthwith. 829/2016- in lA NO: 1 OF 202fi 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 M Book No. 829/2016-17 with interest @24% of Rs.
12,54,013/- vide per annum for the delayed amount to the petitioner in respect of execution of works i.e. Construction of Community hall at Janatha Colony (opp Substation) in Ward No.48, vide Agreement No. 173/18-19/SE(W)/EE-IVB/DB, dated 19.07.2018, forthwith pending disposal of the Writ Petition. Counsel for the Petitioner: M/S. MODAPOTHULA SUMALATHA Counsel for the Respondent Nos. 1, 3 & 4: GP MUNCIPAL ADMN URBAN DEV AND
Counsel for the Respondent Nos. 2 & 8: GP FOR FINANCE & PLANNING Counsel for the Respondent Nos. 5 to 7: SRI A S C BOSE (SC FOR MUNICIPAL CORPORATIONS) The Court made the following order:
APHC010374802025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 19569/2025 Between: 1.NAIDU CONSTRUCTIONS, ISAKHAPATNAM. MANAGING PARTNER V CHANDRU NAIDU, S/0. SURI NAIDU, AGED ABOUT 55 YEARS, OCC CONTRACTOR, R/0. D.NO. 60-33- 111, TOP STREET, VISAKHAPATNAM DISTRICT. REP. BY ITS MALKAPURAM, VISAKHAPATNAM ...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, 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. 7.THE EXECUTIVE ENGINEERIV, GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 8.THE CHIEF EXECUTIVE OFFICER, AP CFMS OFFICE, 6TH FLOOR, C-BLOCK, ANJANEYA TOWERS, IBRAHIMPATNAM, KRISHNA DISTRICT.
VISAKHAPATNAM ...RESPONDENT(S): 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 topleased to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents not releasing the amount
2 of Rs. 12,54,013/- vide M Book No. 829/2016-17, even after finalizing the bills, payable to the petitioner in relation to the works i.e.. Construction of Community hall at Janatha Colony (opp Substation) in Ward No.48, vide Agreement No. 173/18- questioned, as the respondents to pay for payment of amount of Rs. 12,54,013/- vide M Book No. 829/2016-17 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 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 Please to direct the respondents to pay for payment of amount of Rs. 12,54,013/- vide M Book No. 829/2016-17 with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works i.e. Construction of Community hall at Janatha Colony (opp Substation)in Ward No.48, vide Agreement No. 173/18-19/SE(W)/EE-IVB/DB, dated 19.07.2018, 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 DEV AP 19/SE(W)/EE-IVB/DB, dated 19.07.2018 is is illegal, arbitrary and consequently direct the
I 3 The Court made the following Order:
Learned counsel for the petitioner submits executed work of construction of community hall at Janatha Colony as entrusted by the respondent-corporation vide Agreement No. 173/18- 19/SE(W)/EE-1VB/DB, dated 19.07.2018. It is submitted that the competent authority has also recorded the progress of work and certified the work in the M-Book. It is submitted that, in all, an amount of Rs.12,54,013/- is due and payable by the respondents to the petitioner. Though the work progress recorded in the M-Book, no amounts have been forth coming.
2. Heard the learned counsel for the petitioner; the learned Assistant Government Pleader for Municipal Administration and Urban Development: for the respondent Nos.1, 3, 4 and 8, the learned Assistant Government Pleader for Finance and Planning, for the 2"'^ respondent and the learned Standing Counsel for the respondent Nos.5 to 7.
3. Considering the submissions, the respondents 2 to 8 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.
4. Accordingly, the Writ Petition is disposed of. No costs.
5. Pending miscellaneous petitions, if any, shall stand closed.
Sd/- B PRASADA RAQ ASSISTANT .REGISTRAR that the petitioner has was //TRUE COPY// Qrfe^CER SECTI To, The Special Chief Secretary, Department of Municipal Administration Secretariat Buildings, Velagapudi,
1. And Urban Development, Amaravathi, Guntur District.
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2. The Principal Secretary, Department of Finance and Planning, Secretariat Buildings, 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.
7. The Executive Engineer-IV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam, Visakhapatnam District.
8. The Chief Executive Officer, AP CFMS Office, 6th Floor, C-Block, . Anjaneya Towers, Ibrahimpatnam, Krishna District. ■U-,
9. One CC to M/s. Modapothula Sumalatha, Advocate [OPUC]
10. One CC to Sn A S C Bose (SC for Municipal Corporations), Advocate [OPUC]
11. Two CCs to GP for Muncipal Admn and Urban Dev, High Court of Andhra Pradesh [OUT]
12. Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh [OUT]
13. Two CD Copies TF
HIGH COURT DATED:31/07/2025
ORDER WP NO. 19569 OF 2025 DISPOSING OF THE W.P., WITHOUT COSTS