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2025 DAILYLAW 27576 (AP)

KCV CONSTRUCTIONS v. THE STATE OF ANDHRA PRADESH

WP/20193/2025 · 2025-08-03

Harinath N

body2025

Judgment text

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APHC010390622025 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: 20193/2025 Between: 1. KCV CONSTRUCTIONS, REP. BY. MANAGING PARTNER P. KRANTHI CHAKRAVARTHY S/O. P. GOVINDU, AGE. 34 YEARS , 16-22-79, PALLAM RAJU NAGAR, KAKINADA, EAST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR. 2. MUNICIPAL CORPORATION KAKINADA, REP.BY ITS COMMISSIONER, KAKINADA KAKINADA DISTRICT. 3. THE EXECUTIVE ENGINEER, MUNICIPAL CORPORATION KAKINADA, KAKINADA DISTRICT. 4. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FINANCE AND PLANNING 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 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. 34,37,846/- (Thirty Four Lakhs, Thirty Seven Thousand, Eight Flundred and Forty Six Rupees only) even after finalizing the bills payable to the petitioner in relation to the Two works i.e ' I. Construction of Nethaji park at 23rd Division in Kakinada municipal Corporation ,Agreement no.267/2021- 2022,Dated. 28-12-2021(Rs.13,50,000/-),ii.Construction of Urdughar community Hall Gplus 2 Building at Raitu Bazar in 6th division (Rs.20,87,846/-)for the year 2023 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. 34,37,846/- (Thirty Four Lakhs, Thirty Seven Thousand, Eight Flundred and Forty Six Rupees only) with interest @ 24percent per annum for the delayed amount till date of realization for the works executed by the petitioner and pass 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 Pleased to Direct the respondents to releasing the amounts Rs. 34,37,846/- (Thirty Four Lakhs,Thirty Seven Thousand, Eight Hundred and Forty Six Rupees only) payable to him, pending disposal of the write petition and pass 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 The Court made the following Order: Learned counsel for the petitioner submits that the petitioner has executed works as entrusted by the 2nd respondent vide Agreement No.267/2021-2022, dated 28.12.2021 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.34,37,846/- 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 1st respondent; the learned Assistant Government Pleader for Finance and Planning, for the 4th respondent as well as the learned Standing Counsel for the respondents 2 and 3. 3. 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. 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