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2025 DAILYLAW 26559 (AP)

MIRACLE INFRA AND ENGINEERING WORKSA v. THE STATE OF ANDHRA PRADESH

WP/19552/2025 · 2025-07-29

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

J APHC010375792025 IN THE HIGH COURT OF ANDHRA PRADESJd, AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE THIRTIETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N^ WRIT PETITION NO: 19552 OF 2025^ Between: M/s Miracle Infra and Engineering Works, Rep. by its Managing Partner B Benarji Raju, S/o. B Manoharam, Aged about 49 Contractor, R/o. 36-93-349/11, Sri ASRR Colony Visakhapatnam, Pincode 530008. years, Occ Kancharapalem, ...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, District. Secretariat Buildings Gorantia, Guntur, Guntur 4. The District Collector, Visakhapatnam, Visakhapatnam District. 5. The Greater Visakhapatnam Municipal Corporation, Commissioner, Visakhapatnam, Visakhapatnam District. 6. The Superintending Engineer, Greater Visakhapatnam Corporation, Visakhapatnam, Visakhapatnam District. 7. The Executive Engineer-IV, Rep. by its Municipal Gi'eater 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 amount of Rs. 10,28,288/- vide M Book No.535/2018-19, even after finalizing the bills, payable to the petitioner in relation to the works i.e.. Extension of existing Gym and Tax Collectors Room at Golla Kancharapalem in Ward No.36, vide Agreement No. 67/18-19/EE-IVB/DB, dated 17.08.2018 is questioned, as the is illegal, arbitrary and consequently direct the respondents to pay for payment of amount of Rs. 10,28,288/- vide M Book No.535/2018-19 with interest @24 percent per annum for the delayed amount to the petitioner in respect of execution of above- mentioned work. same 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 pay for payment of amount of Rs. 10,28,288/- vide M Book No.535/2018-19 with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works i.e. Extension of existing Gym and Tax Collectors Room at Golla Kancharapalem in Ward No.36, vide Agreement No. 67/18-19/EE-IVB/DB, dated 17.08.2018, forthwith, pending disposal of the Writ Petition. Counsel for the Petitioner: M/S MODAPOTHULA SUMALATHA _ Counsel for the Respondent Nos. 1,3 and 4: GP FOR MUNCIPAL ADMN. URBAN DEV Counsel for the Respondent Nos. 2 and 8: GP FOR FINANCE PLANNING Counsel for the Respondent Nos. 5 to 7: SRI A S C BOSE SC FOR ^ MUNICIPAL CORPORATION The Court made the following order: APHC010375792025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE THIRTIETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 19552/2025 Between: 1.MIRACLE INFRA AND ENGINEERING WORKSA, REP. BY ITS MANAGING PARTNER B BENARJI RAJU, S/0. B MANOHARAM, AGED ABOUT 49 YEARS, OCC CONTRACTOR, R/0. 36-93-349/11, SRI ASRR COLONY, PINCODE 530008. KANCHARAPALEM, 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, VISAKHAPATNAM, REP. BY ITS COMMISSIONER, VISAKHAPATNAM DISTRICT. 2 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 DISTRICT. IBRAHIMPATNAM, KRISHNA ...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 direction declaring the action of the Respondents not releasing the amount of Rs. 10,28,288/- vide M Book No.535/2018-19, even after finalizing the bills, payable to the petitioner in relation to the works i.e.. Extension of existing Gym and Tax Collectors Room at Golla Kancharapalem in Ward No.36, vide Agreement No. 67/18-19/EE-IVB/DB, dated 17.08.2018 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amount of Rs. 10,28,288/- vide M Book No.535/2018-19 with interest @24 percent 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. 10,28,288/- vide M Book No.535/2018-19 with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works i.e. Extension of existing Gym and Tax Collectors Room at Golla Kancharapalem in Ward No.36, vide Agreement No. 67/18-19/EE-IVB/DB, dated 17.08.2018, forthwith, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1.MODAPOTHULASUMALATHA Counsel for the Respondent(S): or 3 Jf 1.GP FOR MUNCIPAL ADMN URBAN DEV 2.GP FOR FINANCE PLANNING The Court made the following: -IT ■ ■ 4 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. Learned counsel for the petitioner submits that the petitioner has completed the work under Agreement No. 67/18-19/EE-IVB/DB. dated 17.08.2018, entrusted by the respondent-Corporation, and has submitted the final bills. 3. It is submitted that a total amount of Rs. 10,28,288/- is due and payable respondent-corporation to the petitioner on account of the completion of the aforesaid work. However, the said amount has not been paid. th by the 5 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. 5. 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/- M.RAMESH BABU DEPUTY REGISTRAR //TRUE COPY// SECTSON OFFICER To, 1. The Special Chief Secretary, Department of Municipal Administration And Urban Development, State of Andhra Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Principal Secretary, Department of Finance and Planning, State o^ Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi,Guntur District. Pradesh, Secretariat ■ 3. The Director of Municipal Administration, Gorantia, Guntur, Guntur District. 4. The District Collector, Visakhapatnam, Visakhapatnam District. 5. The Commissioner, Greater Visakhapatnam Municipal Corporation, Visakhapatnam, Visakhapatnam District. 6. The Superintending Engineer, Greater Visakhapatnam Municipal Corporation, Visakhapatnam, Visakhapatnam District. 7. The Executive EngineerlV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam, Visakhapatnam District. 8. The Chief Executive Officer, AP CFMS Office, 6th Floor, C-Bl^k, Anjaneya Towers, Ibrahimpatnam, Krishna District. 9. One CC to Sri. Modapothula Sumalatha Advocate [OPUC] One CC to Sri. A S C Bose SC for Municipal Corporation [OPU^ Two CCs to GP for Municipal admin and Urban dev High Court of Andhra Pradesh [OUT] Two CCs to GP for Finance Planning, High Court of Andtrr^ Pradesh [OUT] Two CD Copies 10. 11. 12. 13. GSC ■ ■ .v . « X'- HIGH COURT DATED:30/07/2025 ORDER WP NO. 19552 OF 2025 DISPOSING THE WP WITHOUT COSTS of ANOj; 12 AUG 2025 ivCigrwtWso^^ o coj