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2025 DAILYLAW 27563 (AP)

M/S.S.S.Builders, v. The State of Andhra Pradesh,

WP/20016/2025 · 2025-08-03

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 APHC010390882025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 20016 OF 2025 Between: M/S.S.S.Builders, Rep.by.Prop.Sri Dasari Raju Himachalam, raju, Aged 44 years. Flat Street, Podalakuru Road, Nellore, SPSR Nellore District. S/o.D.Krishnama Nagar, 1st no.302,Raja Homes,Vijaya Lakshmi ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary Department of Municipal, Administration and Urban Development Secretariat Building, Velagapudi, Amaravathi 2. The Executive Engineer, Public Guntur. Health Spl.Division, Nellore, SPSR Nellore District. 3. The District Collector, 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 of India praying that in the . the High Court may be more particularly one action of the Respondents in Petition under Article 226 of the Constitution circumstances stated in the affidavit filed therewith, pleased to issue an appropriate Writ Order or direction in the nature of Writ of Mandamus declaring the withholding the payments of pending amounts of Rs. 20,93,568/- (Twenty Lakhs, Ninety Three Thousand Five Hundred And Sixty Eight Rupees only) evfh after finalizing the bills payable to the petitioner in relation to the works i.p. T; Nellore Municipal Corporation -CMDF -2022-23-ID No.522-Laying of C.C.Road from Dr.Jaleel Hospital To Labour Beedi House in Division no.42(WS NO.42/3) Agreement no 63/2022-23 ,Dt 26-10-2022 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. 20,93,568/- (Twenty Lakhs, Ninety Three Thousand Five Hundred And Sixty Eight Rupees only) with interest @ 24% the delayed amount till date of realization for the works petitioner. at Mecleans road per annum for executed by the lA NO: 1 OF 202^ 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. 20,93,568/- (Twenty Lakhs, Ninety Three Thousand Five Hundred Eight Rupees only) payable to the petitioner herein writ petition. And Sixty pending disposal of the Counsel for the Petitioner: SRI DEVASRI ROSHAN KANCHARLA Counsel for the Respondent Nos. 1 to 3: GP FOR MUNCIPAL ADMN AND URBAN DEV Counsel for the Respondent No.4: GP FOR FINANCE The Court made the following order: & PLANNING APHC010390882025 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: 20016/2025 Between: 1.M/S.S.S.BUILDERS,, REP.BY.PROP.SRI DASARI RAJU HIMACHALAM, S/O.D.KRISHNAMA RAJU,AGED 44 YEARS. FLAT NO.302,RAJA HOMES,VlJAYA LAKSHMI NAGAR, 1ST STREET,PODALAKURU ROAD, NELLORE ,SPSR NELLORE DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPAL, ADMINISTRATION AND URBAN DEVELOPMENT VELAGAPUDI, AMARAVATHI, GUNTUR. SECRETARIAT BUILDING, 2.THE EXECUTIVE SPL.DIVISION,NELLORE, SPSR NELLORE DISTRICT. ENGINEER PUBLIC HEALTH 3.THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT. 4.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. DEPARTMENT OF FINANCE AND PLANNING, ...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 2 particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the payments of pending amounts of Rs. 20,93,568/- (Twenty Lakhs, Ninety Three Thousand Five Hundred And Sixty Eight Rupees only) even after finalizing the bills payable to the petitioner in relation to the works i.e. I. Nellore Municipal Corporation -CMDF -2022-23-ID No.522-Laying of C.C.Road from Dr.Jaieei Hospital To Labour Beedi House at Mecleans road in Division no.42(WS NO.42/3) Agreement no 63/2022-23 ,Dt 26-10-2022 as bad ,illegal, arbitrary, improper, unjust and against the Article 21 of constitution of india and consequently direct the respondents to pay the amountsof Rs. 20,93,568/- (Twenty Lakhs, Ninety Three Thousand Five Hundred And Sixty Eight Rupees only) with interest @ 24percent 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 Pleased to direct the respondents to forthwith consider releasing the amounts Rs. 20,93,568/- (Twenty Lakhs, Ninety Three Thousand Five Hundred And Sixty Eight Rupees only) payable to the petitioner herein, pending disposal of the writ petition Counsel for the Petitioner: 1.DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S): 1.GP MUNCIPAL ADMN AND URBAN DEV AP 2.GP FOR FINANCE PLANNING 3 Jhe Court made the following Order; Learned counsel for the petitioner submits that the petitioner has executed works as entrusted by the respondents vide Agreement No.63/2022- 23, dated 26.10.2022 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.20,93,568/- 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 respondent; the learned Assistant Government Pleader for Finance and Planning, for the respondents 2 to 4. 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. 2. 3. 4. 5. Sd/- Wl. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// OFFICER SECTl To, 1. The Principal Secretary, Department of Municipal, Administration and Urban Development Secretariat Building, Velagapudi Guntur. 2. The Executive Engineer, Public Health Spl.Division, Nellore, Nellore District. 3. The District Collector, SPSR Nellore District. Amaravathi, SPSR / 4. The Principal Secretary, Department of Finance and Planning, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 5. One CC to Sri Devasri Roshan Kancharla Advocate [OPUC] 6. Two CCs to GP for Muncipal Admn and Urban Dev, High Court of Andhra Pradesh [OUT] 7. Two CCs to GP for Finance & Planning High Court of Andhra Pradesh [OUT] 8. Two CD Copies TF , s HIGH COURT DATED:04/08/2025 ORDER WP NO. 20016 OF 2025 DISPOSING OF THE W.P., WITHOUT COSTS