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2025 DAILYLAW 26515 (AP)

S S BUILDERS v. THE STATE OF AP

WP/19190/2025 · 2025-07-28

Harinath N

body2025

Judgment text

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APHC010374482025 IN THE HIGH COURT OF ANDHRA PRADESy 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: 19190 OF 2025 ^ Between: M/s S S Builders, Rep. by Prop. Sri Dasari Raju Simachalam S/o D.Krishnamaraju, Aged 44 years, Lakshmi Nagar, 1ST Street, Podalakunu Road, Nellore District. Flat no.302,Raja Homes, Vijaya Nellore ,SPSR ...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 declaring the action of the Respondents in withholding the payments of pending amounts of Rs. 24,84,645/- (Twenty % Four Lakhs, Eighty Four Thousand Six Hundred And Forty Five Rupees only) even after finalizing the bills payable to the petitioner in relation to the works i.e. “I. Laying of CC Roads (Upgradation of CC Road ) from D.No.26-5-275/1 to DNo.26-5-364 in Venkata reddy nagar in division no.29 of NMC Under Gadapa Gadappaku Mana Prabhutvam Agreement no.261/GGMP/2023-24 ,Dt 3-10-2023., II. Laying of CC Roads from road From D.No.26-5-26 to DNo.26-5-21 in Venkata Reddy Nagar in Division no.29 of NMC Under Gadapa Gadapaku Mana Prabhutvam Agreement no.262/GGMP/2023- 2024,Date03.10.2023” 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. 24,84,645/- (Twenty Four Lakhs, Eighty Four Thousand Six Hundred And Forty Five 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. 24,84,645/- (Twenty Four Lakhs, Eighty Four Thousand Six Hundred And Fourty Five 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: GP FOR MUNCIPAL ADMN URBAN DEV Counsel for the Respondent Nos. 2 and 3: SRI ASC BOSE SC FOR ^ MUNICIPAL CORPORATION Counsel for the Respondent No. 4: GP FOR FINANCE PLANNING The Court made the following order: > ;^PHC010374482025 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: 19190/2025 Between: 1.S S BUILDERS, REP.BY.PROP.SRI DASARI RAJU SIMACHALAM S/0.D.KRISHNAMARAJU,AGED 44 YEARS, FLAT NO.302,RAJA HOMES,VIJAYA LAKSHMI NAGAR, 1ST STREET,PODALAKUNU ROAD, NELLORE ,SPSR NELLORE DISTRICT. ...PETITIONER AND 1.THE STATE OF AP, 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. MUNICIPAL CORPORATION 3.THE REP.BY.COMMISSIONER, SPSR NELLORE DISTRICT. NELLORE 4.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. DEPARTMENT OF FINANCE AND PLANNING ...RESPONDENT(S): Vv 2 a. Counsel for the Petitioner: 1.DEVASRI ROSHAN KANCHARLA Counsel for the Respondent{S): 1.GP FOR MUNCIPAL ADMN URBAN DEV 2.GP FOR FINANCE PLANNING \ I 3 The Court made the following Order: Learned counsel for the petitioner submits that the petitioner has pleted 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 com 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. Pending miscellaneous petitions, if any, shall stand closed. 3. 4. I 5. Sdl- M. RAMESH BABU DEPUTY REGISTRAR //TRUE COPY// OFFICER SE To 1 1. The Principal Secretary, Department of Municipal Administration and Urban Development, State of AP, Secretariat Building, Velagapudi Amaravathi, Guntur. 2. The Executive Engineer, Nellore Municipal Corporation, SPSR Nellore District. 3. The Commissioner, Nellore Municipal Corporation, SPSR Nellore 4. The Principal Secretary, Department of Finance and Planning, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntui^ District. 5. One CC to Sri. Devasri Roshan Kancharla Advocate [OPUC] 6. One CC to Sri. A S C Bose SC for Municipal Corporation [OPUcf^ 7. Two CCs to GP for Municipal Admin and Urban Dev High Court of ' Andhra Pradesh [OUT] 8. Two CCs to GP for Finance Planning, High Court of Andhra Pradesh [OUT] 9. Two CD Copies GSC [ HIGH COURT DATED:29/07/2025 ORDER WP NO. 19190 OF 2025 DISPOSING THE WP WITHOUT COSTS