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2025 DAILYLAW 27112 (AP)

THE STATE OF ANDHRA PRADESH v. SRI SRINAVASA AND COMPANY

WA/856/2025 · 2025-09-15

Dhiraj Singh Thakur, Ravi Cheemalapati

body2025

Judgment text

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APHC010384172025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY,THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE AND THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT APPEAL NO: 856 OF 2025 Writ Appeal under clause 15 of the Letters Patent against the order dated 13.03.2024 in W.P.No.3584 of 2024 on the file of High Court. Between: 1. The State of Andhra Pradesh, Rep. by Secretary, Andhra Pradesh Residential Educational Institutional Society (R), Amaravathi, Guntur, Guntur Town, Andhra Pradesh. 2. The Superintending Engineer, Sarnagra Pamulapati Sivaiah Building, Koretipadu, Guntur City, Andhra Pradesh ...APPELLANTS/RESPONDENT No.1 and 6 In W.P. AND 1. Sri Srinavasa & Company, Rep. by its Managing Partner by name Muppa Gangaiah, S/o Subbaiah (late), aged 65 No.1-2-83,SVN Colony, Guntur Town and District Shiksha, Guntur, C/o Years, R/o. Door Andhra Pradesh. ...RESPONDENT/WRIT PETITIONER 2. The State Project Director, Sarva Shiksha Abhiyan, State of Andhra Pradesh, Guntur Town, Andhra Pradesh. 3. The Principal Secretary for Finance Department, Finance Department State of Andhra Pradesh i ^ . 4. The District Collector, Guntur District 5. The Chief Engineer, Sarva Shiksha Abhiyan Samagra Shiksha Amaravathi, KBC Zilla Parishad High School Boys Premises High School Road Patamata Vijayawada 6. The Executive Engineer, Samagra Shiksha Guntur, C/o DEO Office Building, Collector Office Compound, Guntur Town, Andhra Pradesh I ...RESPONDENTS/RESPONDENT No.2 to 5 & 7 in W.P. lA NO: 3 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 suspend the operation of the orders of the Learned Single Judge in Writ Petition No. 3584 of 2024 dated. 13.03.2024. Counsel for the Petitioners: SRI RAVI KUMAR PONAKAMPALLI Counsel for the Respondent No.1: SRI NUTHALAPATI MOHAN appearing for SRI V. V. LAKSHMI NARAYANA Counsel for the Respondent Nos.2,5 & 6:M/s. R. SUDHA RANI, SC FOR SARVA SHIKSHA ABHIYAN Counsel for the Respondent Nos.3 & 4:GP FOR FINANCE & PLANNING The Court made the following: JUDGMENT APHC010384172025 Bench Sr.No:-55 [3483] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI r WRIT APPEAL NO: 856 of 2025 The State of Andhra Pradesh and others ...Appellant(s) Vs. Sri Srinavasa and Company and others ...Respondent(s) ********** Advocate for Appellant: Advocate(s) for Respondent(s); Mr. Ravi Kumar Ponakampalli Mr. Nuthalapati Mohan appearing vice Mr. V V Lakshmi Narayana, GP for Finance Planning CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI : 16‘^ September, 2025. DATE P C : The present writ appeal has been preferred against judgment and order dated 13.03.2024, passed in W.P.No.3584 of 2024. The writ petition was filed by the petitioner M/s.Sri Srinivasa & Company claiming that an amount of Rs.20,55,000/- was not being released in its favour despite completion of the construction works which had been allotted to it. The writ petition was disposed of by the learned Single Judge based upon a statement made by the learned Standing Counsel for Samagra Shiksha who had appeared for respondent Nos.2, 5 to 7 therein. A copy of the 2. HCJ & RCJ WA_856_2025 instructions were purportedly placed before the learned Single Judge which were received by the said counsel from the Additional Project Coordinator, Samagra Shiksha, Guntur, dated 17.02.2024, wherein it was stated that an amount of Rs.94,45,394/- had been paid to the petitioner and further that during the execution, since some materials were changed as per the required guidelines, the estimated cost had been increased, and an another Rs.20.55 Lakhs was required to complete the work, for which administrative sanction had not been obtained. 3. The learned Single Judge by treating this as an admitted amount disposed of the petition and directed the respondents to release the amount of Rs.20,55,000/- in favour of the petitioner within the prescribed four months period. 4. Learned counsel for the petitioner would submit that the direction issued behind the back of the petitioner, without affording an opportunity of being heard and that the order was unsustainable. was 5. Learned counsel for the Finance Department would submit that in fact no amount was payable to the petitioner as no administrative sanction had ever been accorded, which would otherwise entitle him to claim the additional amount of Rs.20.55 Lakhs. Without going into the merits of the case, we find that since the petition had been disposed of at the admission stage, without affording a reasonable opportunity of being heard to the appellant, the order is required to be set 6. 3 HCJ & RCJ WA 856 2025 / . aside. Accordingly, this writ appeal is allowed, judgment and order impugned is set aside. W.P.No.3584 of 2024 be listed before the learned Single Judge having 7. Roster on 07.10.2025 for consideration afresh. In the meantime, an appropriate response be filed by the appellant. No order as to costs. Pending miscellaneous applications, if any, in this case, shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The State Project Director, Sarva Shiksha Abhiyan, State of Andhra Pradesh, Guntur Town, Andhra Pradesh. 2. The Principal Secretary for Finance Department, Finance Department, State of Andhra Pradesh, Velagapudi, Amaravati, Guntur District. 3. The District Collector, Guntur District 4. The Chief Engineer, Sarva Shiksha Abhiyan Samagra Shiksha Amaravathi, KBC Zjlla Parishad Fligh School Boys Premises, High School Road, Patamata, Vijayawada 5. The Executive Engineer, Samagra Shiksha, Guntur, C/o DEO Office Building, Collector Office Compound, Guntur Town, Andhra Pradesh 6. One CC to Sri Ravi Kumar Ponakampalli, Advocate [OPUC] 7. One CC to Sri V. V. Lakshmi Narayana, Advocate [OPUC] 8. One CC to M/s. R. Sudha Rani, SC for Sarva Shiksha Abhiyan [OPUC] 9. Two CCs to GP for Finance and Planning, High Court of Andhra Pradesh [OUT] 10. The Section Officer, Writ (Non-Service) Section, High Court of A.P. at Amaravati. 11. The Section Officer, Posting Section, High Court of A.P. at Amaravati. 12. Two CD Copies. HIGH COURT DATED; 16/09/2025 JUDGMENT WA No. 856 OF 2025 rrentSectio ALLOWING THE W.A. WITHOUT COSTS