IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI.^J^^:5’^ (Special Original Jurisdiction) WEDNESDAY, THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE <t ‘‘•i kTS ! I vS: PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 19935 OF 2024 Between: M/s. Sri Murali Krishna Constructions, Having Regd. Office at Rajupalem Village, Kirlampudi Mandal, East Godavari District, Rep. by its Managing Partner, Sri Ganesula Rambabu, S/o. Moolayya, Aged about 59 years, Occ Business, R/o. D.No. 3-59/1, Ramakrishnapuram Road, Rajupalem Village, Kirlampudi Mandal, East Godavari District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Commissioner, Panchayat Raj and Rural Development Department, Government of Andhra Pradesh, NH-16, Tadepalli, Guntur District. 3. The Project Director, APRRP and Engineer-in-Chief PR), Panchayat Raj Department, Opp P. W. D; Grounds, Z P Compound, M G Road, Vijayawada, N.T.R (Krishna) District. 4. The Superintending Engineer, PR Circle, Kakinada, East Godavari District. 5. The Engineering Chief, Panchayat Raj, Engineering Department (AIIB), Government of Andhra Pradesh, Tadepalli Guntur District. 6. The Executive Engineering, P. I. U. Division. Panchayat Raj Department, Z. P. Compound, Kakinada, East Godavari District. 7. The Branch Manager, Union Bank of India, Tilak Street, Kakinada ...Respondents 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 to issue a writ, direction or order more particularly one in the nature of a Writ of Mandamus, declaring the action of the respondents in non-considering the stocks and the materials stored at SLNo. Name of the Road Mileage @ KM Name of the Village 1. Samarlakota to Gokavaram - leads to Raipudi to Bhupathipalem 4.00 Govindapuram 2. NH 16, Visakhapatnam to Vijayawada, Left Side 857.20 Prathipadu 3. Yeleswaram to Santhiashram R&B Rd 9.00 China Sankarlapudi and further non-payment of bills for the completed works and the recorded in the measurement books for following works: i. Raghavapuram to Gokavaram ii. Samriakota to Gokavaram Road to Mallavaram iii. K.O. Mallavaram to BS Peta and non-payment for the stocks maintained and which were verified and recorded by the respondent authorities, is illegal, arbitrary, unjust and against the principles of natural justice and violation of Article 21 and 300A of the constitution of India and against the true spirit of orders passed in W.P. No. 88303 of 2023, dated. 25.04.2023 and consequently direct the respondents to accept/receive the stocks and the materials stored at r SL.No. Name of the Road Mileage @ KM Name of the Village 1. Samarlakota to Gokavaram - leads to Raipudi to Bhupathipalem NH 16, Visakhapatnam to Vijayawada, Left Side Yeleswaram to Santhiashram R&B Rd 4.00 Govindapuram 2. 857.20 Prathipadu 3. 9.00 China Sankarlapudi and to make the payment of bills for works completed / recorded in the measurement books i.e. Raghavapuram to Gokavaram, Samriakota to Gokavaram Road to Mallavaram iii. K.O. Mallavaram to BS Peta II. and to make the payment for the stocks maintained, which were verified and recorded lA NO: 1 OF 2024 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 be pleased to direct the Respondents: A. To accept/Measure/account/record the stocks and stored at the materials SL.No. Name of the Road Samarlakota to Gokavaram - leads to Raipudi to Bhupathipalem NH 16, Visakhapatnam to Vijayawada, Left Side Yeleswaram to Santhiashram" R&B Rd Mileage @ KM Name of the Village Govindapuram 1. 4.00 2. 857.20 Prathipadu 3. 9.00 China Sankarlapudi B. To make the payment of bills for the works completed/recorded in the measurement books i.e., i- Raghavapuram to Gokavaram ii. Samriakota to Gokavaram Road to Mallavaram iii- K.O. Mallavaram to BS Peta C. To make the payment for the stocks maintained and recorded which were verified pending disposal of the W.P. lA NO: 2 OF 2024 Petition under Section 15i CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to direct the respondents including Respondent No.7 not to realize/encash/pay the bank guarantee issued by the petitioner vide vide BG. No.03031IGL0001321 dated 15.07.2021 in the name of superintending Engineer, PR Circle, Kakinada in any form, pending disposal of the WP Counsel for the Petitioner: SRI ANAND KUMAR KOCHIRI RURAL DEV PANCHAYAT RAJ Counsel for the Respondent No.7: SMT. V DYUMANI The Court made the following: Order APHC010393922024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] WEDNESDAY, THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO; 19935/2024 Between: 1.M/S. SRI MURALI KRISHNA CONSTRUCTIONS,, HAVING REGD. OFFICE AT RAJUPALEM VILLAGE, KIRLAMPUDI MANDAL, EAST GODAVARI DISTRICT, REP. BY ITS MANAGING PARTNER, SRI GANESULA RAMBABU, S/0. MOOLAYYA, AGED ABOUT 59 YEARS, OCC BUSINESS, R/0. D.NO. 3-59/1, RAMAKRISHNAPURAM ROAD, RAJUPALEM VILLAGE, KIRLAMPUDI MANDAL, EAST GODAVARI DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL PANCHAYAT RAJ AND RURAL DEVELOPMENT SECRETARIAT, VELAGAPUDI, AMARAVATI, SECRETARY, DEPARTMENT GUNTUR DISTRICT. 2.THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, NH-16, TADEPALLI, GUNTUR DISTRICT. 3.THE PROJECT DIRECTOR, APRRP AND ENGINEER-IN-CHIEF PR), PANCHAYAT RAJ DEPARTMENT, OPP P. W. D. GROUNDS, Z P COMPOUND, DISTRICT. M G ROAD, VIJAYAWADA, N.T.R (KRISHNA) 4.THE SUPERINTENDING ENGINEER, PR CIRCLE, KAKINADA, EAST 2 <1 GODAVARI DISTRICT. 5.THE ENGINEERING CHIEF, PANCHAYAT RAJ, ENGINEERING DEPARTMENT (AIIB), GOVERNMENT OF ANDHRA PRADESH, TADEPALLI GUNTUR DISTRICT. 6.THE EXECUTIVE ENGINEERING, P. I. U. DIVISION, PANCHAYAT Z. P. COMPOUND, KAKINADA, EAST RAJ DEPARTMENT, GODAVARI DISTRICT. 7.THE BRANCH MANAGER, UNION BANK OF INDIA, TILAK STREET, KAKINADA ...RESPONDENT(S); Counsel for the Petitioner: 1 .ANAND KUMAR KOCHIRI Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV 2.VDYUMANI The Court made the following: ORAL ORDER: Heard Sri Anand Kumar Kochiri, learned Counsel for the Petitioner, Sri Panku Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Ms. V. Dyumani, learned Standing Counsel appearing for Respondent No.7. Learned Counsel for the Writ Petitioner submits that he has filed a Memo today in the Court bearing U.S.R. No. 41016 of 2025 to place on record additional documents by way of the said Memo. Copy of the Memo, which is filed under U.S.R. No. 41016 of 2025, supplied to the learned Counsel for the Respondents and also to the Court. 2. The said Memo consists of letters addressed by the Respondents dated 26.03.2025 and 07.04.2025, as well as a letter addressed by the Writ Petitioner to the Superintending Engineer dated 04.04.2025. 3. 3 4. The documents filed along with the Memo indicate that the Writ Petitioner addressed a letter to the Official Respondents herein 15.11.2024, seeking that the dispute be referred to Arbitration. In response to the letter of the Writ Petitioner dated 15.11.2024, the Project Director, APRRP & Chief Engineer (PR), addressed a letter to the Writ Petitioner stating that until the Writ Petition is withdrawn, they cannot process the letter of the Writ Petitioner dated 15.11.2024. He would also submit that the Writ Petitioner addressed a letter on 04.04.2025 to the Superintending Engineer, Panchayat Raj Circle, stating that the Writ Petitioner is taking steps to withdraw the present Writ Petition, W.P. No. 19935 of 2024. The Superintending Engineer has also addressed a letter to the Project Director on 07.04.2025 for taking necessary action to appoint the Adjudicator soon after the contractor/petitioner has withdrawn W.P. No.19935 of 2024. Writ Petitioner has drawn the attention of this Court to an Interim Crder passed by this Court on 11.09.2024. The relevant portion of the Interim Crder is usefully extracted hereunder: on 5. “In the meanwhile, there shall be a stay of release of bank guarantee amount covered under the B.G.NO.03031IGL0001321, dated 15.07.2021 mentioned in the letter of the Superintending Engineer, PR Circle, Kakinada dated 04.09.2024, if not already released, pending further orders. ” as 6. Learned Counsel for the Writ Petitioner seeks protection of this Court by extending the interim order until the arbitration proceedings would commence. Section 9 of the Arbitration and Conciliation Act, 1996, would enable the party to approach the Competent Court for seeking any interim protection. Having regard to these facts, the present Writ Petition is permitted to be withdrawn, and the interim order of this Court dated 11.09.2024 (extracted above) is extended for a further period of two (02) weeks to enable the learned Counsel for the Petitioner to take appropriate steps under Section 9 of the Arbitration and Conciliation Act, 1996. 7. I 4 With these observations and directions, this Writ Petition stands disposed of. No order as to costs, interlocutory Applications, if any, stand closed in terms of this order. 8. 9. Sd/- N NAGAMMA ASSISTANT REGISTRAR SECfliSrOFFICER //TRUE COPY// To. 1. The Principal Secretary, State of Andhra Pradesh, Panchayat Raj and Gunlur olsfricf^® Department, Secretariat, Velagapudi, Amaravati, 2. The Commissioner, Panchayat Raj and Rural Development Department, Government of Andhra Pradesh, NH-16, Tadepalli, Guntur Rof Dire^or, APRRP and Engineer-in-Chief PR), Panchayat vifi Z P Compound, M G Road Vijayawada, N.T.R (Krishna) District. ’ 4. The Superintending Engineer, PR Circle, Kakinada District. Engineering Department (AIIB) Government of Andhra Pradesh, Tadepalli Guntur District. Engineering, P. |. u. Division, Panchayat Rai Department, Z. P. Compound, Kakinada, East Godavari District.^ 7. The Branch Manager, Union Bank of India, Tilak Street, Kakinada 8. One CC to SRI ANAND KUMAR KOCHIRI Advocate [OPUC] EOR panchayat raj RURAL DEV Andhra Pradesh [OUT] ^ ucv, East Godavari High Court of 10. One CC to SMT. V DYUMANI, Advocate [OPUC] 11. Three CD Copies gsg h HIGH COURT DATED: 16/04/2025 ORDER ^ 17APR2C25 mu 6*/j WP.No.19935 of 2024 Current Senlion DISPOSING THE WP WITHOUT COSTS