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2025 DAILYLAW 27548 (AP)

KCV Constructions, v. The State of Andhra Pradesh,

WP/20183/2025 · 2025-08-03

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

/r' APHC010390782025 IN THE HIGH COURT OF ANDHRA AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY PRESENT THE HONOURABLE SRI JUSTICE WRIT PETITION NO: 20183 OF PRADESH FIVE harinath.n 2025 Between: KCV Constructions, Rep. By. Managing Partner P. Govindu, Age- 34 Godavari District P. Kranthi Chakravarthy, S/o. . , Kakinada, East years , 16-22-79, Pallam Raju Nagar -PETITIONER AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary Administration and Urban Development Department, Building, Velagapudi, Amaravathi 2. Municipal Corporation Kakinada Kakinada District. 3. The Executive Engineer District. 4. The State of Andhra Department of Finance Amaravathi, Guntur District. . Municipal Secretariat , Guntur. . rep.by its Commissioner, Kakinada Municipal Corporation Kakinada, Kakinada Pradesh, Rep. by its Principal Secretary and Planning Secretarial Buildings, Velagapudi, ...RESPONDENTS praying that in the the High Court may be or direction more particularly Petition under Article 226 circumstances stated in the affidavit filed therewith pleased to issue an appropriate Writ Order of the Constitution of India one in the nature of Writ of Mandamus Withholding the Lakhs, Twenty Six Thousand even after finalizing the bills declaring the action of the Respondents i payments of pending amounts of in Rs. 14,26,927/- (Fourteen Nine Hundred and Twenty Seven Rupees only) WO.S i.e L Providing balanc:rI" ^ division , (Rs.3,15,000/-) thali temple at komali community at komalivari street in 21st • Construction of Community hall street in 21^‘division (Rs 2023 as bad ,illegal, arbitrary, improper, unjust constitution of India near ernamma 11,11,927/-) For the and against the Article 21 of year and consequently direct the amounts of Rs u pr qov/ /i- 14,25,927/- (Fourteen Lakhs, Hundred and Twenty Seven Rupees the delayed respondents to pay the Twenty Six Thousand, Nine only) with interest @ 24% per annum for amount till date of realization for the works executed by the petitioner. IANQi±OF2025 Petition under Section 151 in the affidavit filed I direct the CPC praying that in the circumstances stated in support of the petition, the High Court respondents to releasing the Lakhs, Twenty Six Thousand may be pleased to amounts Rs. 14,26,927/- (Fourteen . Nine Hundred and Twenty Seven pending disposal of the write Rupees only) payable to him. petition. Counsel for the Petitioner: Counsel for the Respondent SRI DEVASRI ROSHAN KANCHARLA No.1: GP FOR MUNICIPAL administration and URBAN Nos.2 & 3: SRI M. KRISHNA development RAO, SC FOR Counsel for the Respondent KMC Counsel for the Respondent The Court made the following No.4;GP for FINANCE PLANNING I order: APHC010390782025 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: 20183/2025 Between: ^ KCV CONSTRUCTIONS,, REP. BY. MANAGING PARTNER P. KRANTHI CHAKRAVARTHY, S/0. P. GOVINDU, age- 34 YEARS , 16-22-79, PALLAM RAJU NAGAR, KAKINADA, EAST GODAVARI district ...PETITIONER AND -I the STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL URBAN SECRETARIAT BUILDING. secretary, development DEPARTMENT, VELAGAPUDI, AMARAVATHI, GUNTUR. MUNICIPAL ADMINISTRATION AND 2.MUNICIPAL CORPORATION KAKINADA, REP.BY ITS COMMISSIONER. KAKINADA KAKINADA DISTRICT. 3THE executive ENGINEER. MUNICIPAL CORPORATION KAKINADA KAKINADA DISTRICT. 4 the state of ANDHRA PRADESH. REP. BY ITS PRINCIPAL DEPARTMENT OF FINANCE AND PLANNING secretary secretariat buildings, VELAGAPUDI, AMARAVATHI, GUNTUR 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 topleased to issue an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus petitioner in relation^ ot th^ Tto workT iT^'T^p "’d- ‘’’"l community at komalivari street in 21st w . work ot tT;;r2;;;r ^ - delayed amount till date of realization for and pass declaring the action of the of pending amounts of , Nine Hundred and Rs. Twenty Six Thousand and per annum for the the works executed by the petitioner jA NO: 1 OF r.r;\r, ';:T«?riLr- Rupees only) payable to him, Counsel for the Petitioner: 1.DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S): 1.GP MUNCIPAL ADMN AND URBAN 2.GP FOR FINANCE PLANNING may be pleased Rs. 14,26,927/- . Nine Hundred and Twenty Seven pending disposal of the write petition and pass DEVAP 3 The Court made the following Order; Learned counsel for the petitioner submits that the petitioner has executed works as entrusted by the 2'^'^ respondent 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. 14,26,927/- 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. Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Municipal Administration and Urban Development, for the 1®* respondent; the learned Assistant Government Pleader for Finance and Planning, for the 4*^ respondent as well as the learned Standing Counsel for the respondents 2 and 3. 2. 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. 5. Sd/-SHA1KM0HD.^ assistant REGISTRAK SECTION officer //TRUE COPY// To, 1. The Principal Secretary, Municipal Administration Development Department, State of Andhra Pradesh, Secretariat Building, Velagapudi, Amaravathi, Guntur. 2. The Commissioner, Municipal Corporation Kakinada, Kakinada District. and Urban Kakinada F 3. The Executive Engineer, Municipal Corporation District. 4. The Principal Secretary, Department of Finance Secretariat Buildings, Velagapudi, Kakinada, Kakinada and Planning, State of Amaravathi, Andhra Pradesh, Guntur District. 5. One CC to Sri Devasri Roshan Kancharla, Advocate [OPUC] 6. One CC to Sri M. Krishna Rao, SC for KMC[OPUC] 7. Two CCs to GP for Municipal Administration High Court of Andhra Pradesh. [OUT] 8. Two CCs to GP for Finance Pradesh [OUT] 9. Two CD Copies. and Urban Development, and Planning, High Court of Andhra ssb '0^ HIGH COURT DATED:04/08/2025 ORDER WP No.20183 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS