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2025 DAILYLAW 27374 (AP)

M/S. SRI MAHATI ASSOCIATES., v. THE STATE OF ANDHRA PRADESH

WP/20228/2025 · 2025-08-03

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010388572025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 20228/2025 Between: 1. M/S. SRI MAHATI ASSOCIATES.,, VISAKHAPTNAM, REP. BY ITS MANAGING PARTNER P JAYANTH KHANNA, S/O. P KANAKA RAJU, AGED ABOUT 35 YEARS, OCC CONTRACTOR, R/O. 64-3-9/B, RAM NAGAR, SRIHARIPURAM, 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, 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, VISAKHAPATNAM DISTRICT. 6. THE SUPERINTENDING ENGINEER, GREATER VISAKHAPATNAM MUNICIPAL CORPORATION VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 2 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. ...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 tomay 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.7,43,908/- vide M Book No. 484/12-13, even after finalizing the bills, payable to the petitioner in relation to the works i.e.. Construction of Community hall at Reddy veedhi Ward No.49 (SDF), vide Agreement No. 144/18-19/ EE-IVB/DB, dated 31.12.2018 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amount of Rs.7,43,908/- vide M Book No. 484/12-13 with interest @24percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith and pass such IA 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 may please to direct the respondents to pay for payment of amount of Rs.7,43,908/- vide M Book No. 484/12-13 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 Reddy veedhi Ward No.49 (SDF), vide Agreement No. 144/18- 19/ EE-IVB/DB, dated 31.12.2018, forthwith, pending disposal of the Writ Petition and pass such Counsel for the Petitioner: 1. MODAPOTHULA SUMALATHA Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV 2. GP FOR FINANCE PLANNING 3 The Court made the following Order: Learned counsel for the petitioner submits that the petitioner has executed works as entrusted by the 5th respondent vide Agreement No.144/2018-19/EE-IVB/DB, dated 31.12.2018 and submitted final bills. 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.7,43,908/- is due and payable by the respondents to the petitioner. Though the work progress was 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 respondents 1, 3 and 4; the learned Assistant Government Pleader for Finance and Planning, for the respondents 2 and 8 as well as the learned Standing Counsel for the respondents 5 to 7. 3. Considering the submissions, the respondents 2 and 5 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. ______________________ JUSTICE HARINATH.N Date : 04.08.2025 BMS