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2025 DAILYLAW 27931 (AP)

M/S. SHREE SAMPTH SAI ENTERPRISES., v. The State of Andhra Pradesh,

WP/20297/2025 · 2025-08-04

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010396772025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) f TUESDAY,THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 20297 OF 2025 Between: M/s. Shree Sampth Sai Enterprises, Visakhapatnam, Rep. by its Managing Partner P. Maheswara Rao, S/o. P. Apparao, Aged about 49 Contractor, R/o. 58-13-96/7, Ganesh Nagar, Visakhapatnam, Visakhapatnam District. years, Occ; ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Special Chief Secretary, And Urban Development, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. Department of Municipal Administration 2. The State of Andhra Pradesh, Rep. by its Principal Secretary Secretariat Buildings, Department of Finance and Planning, Velagapudi, Amaravathi, Guntur District. 3. The Director of Municipal Administration, Gorantia District. Guntur, Guntur 4. The District Collector, Visakhapatnam, Visakhapatnam District. 5. The Greater Visakhapatnam Municipal Corporation, Commissioner, Visakhapatnam, Visakhapatnam District. 6. The Superintending Engineer, Greater Visakhapatnam Corporation, Visakhapatnam, Visakhapatnam District. Rep. by its Municipal 7. The Executive Engineer-IV Greater Visakhapatnam Municipal Corporation, Visakhapatnam, Visakhapatnam District. 8. The Chief Executive Officer, AP CFMS Office, 6th Floor, C-Block Anjaneya Towers, Ibrahimpatnam, Krishna District. ...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 of mandamus or any other appropriate writ or direction declaring the action of the Respondents not releasing the amount Rs.9,70,618/- vide M Book No. 864/15-16, even after finalizing the bills, payable to the petitioner in relation to the works i.e.. Construction of Library Building at Marripalem Vuda Layout in Ward No.42, vide Agreement No. 43/18-19/EE-IVB/DB, dated 03.07.2018 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amount of Rs.9,70,618/- vide M Book No. 864/15- 16 with interest @24% per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith. of 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 to direct the respondents to pay for payment of amount of Rs.9,70,618/-vide M Book No. 864/15-16 with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works i.e. Construction of Library Building at Marripalem Vuda Layout in Ward No.42, vide Agreement No. 43/18-19/EE-IVB/DB, dated 03.07.2018, forthwith, pending disposal of the Writ Petition. Counsel for the Petitioner: SMT. MODAPOTHULA SUMALATHA Counsel for the Respondent Nos.1,3 & 4: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT 0^ Counsel for the Respondent Nos.2 & 8:GP FOR FINANCE & PLANNING Counsel for the Respondent Nos.5 to 7: SRI A.S.C.BOSE, SC FOR MUNICIPAL CORPORATIONS The Court made the following order: APHC010396772025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] m TUESDAY.THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 20297/2025 Between: VISAKHAPATNAM, REP. BY ITS MANAGING PARTNER P MAHESWARA RAO, S/0. P APPARAO, AGED ABOUT 49 YEARS, OCC CONTRACTOR, R/0. 58- 13-96/7, GANESH NAGAR, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 1.M/S. SHREE SAMPTH SAI ENTERPRISES. j j ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIEF DEPARTMENT OF MUNICIPAL ADMINISTRATION SECRETARIAT BUILDINGS, SECRETARY, AND URBAN DEVELOPMENT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAD SECRETARY, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. DEPARTMENT OF FINANCE AND PLANNING, 3.THE DIRECTOR OF MUNICIPAL ADMINISTRATION, GORANTLA GUNTUR, GUNTUR DISTRICT. 4.THE DISTRICT COLLECTOR, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. GREATER VISAKHAPATNAM MUNICIPAL CORPORATION BY ITS COMMISSIONER, VISAKHAPATNAM DISTRICT. 5.THE VISAKHAPATNAM, REP. 2 6.THE SUPERINTENDING ENGINEER, GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 7.THE EXECUTIVE ENGINEERIV, GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 8.THE CHIEF EXECUTIVE OFFICER, AP CFMS OFFICE, 6TH FLOOR, IBRAHIMPATNAM, KRISHNA C-BLOCK, ANJANEYA TOWERS, 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 a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents not releasing the amount of Rs.9,70,618/- vide M Book No. 864/15-16, even after finalizing the bills, payable to the petitioner in relation to the works i.e.. Construction of Library Building at Marripalem Vuda Layout in Ward No.42, vide Agreement No. 43/18-19/EE- IVB/DB, dated 03.07.2018 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amount of Rs.9,70,618/- vide M Book No. 864/15- 16 with interest @24percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith 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 please to direct the respondents to pay for payment of amount Rs.9,70,618/-vide M Book No. 864/15-16 with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works i.e. Construction of Library Building at Marripalem Vuda Layout in Ward No.42, 43/18-19/EE-IVB/DB, dated 03.07.2018, forthwith. of vide Agreement No. pending disposal of the Writ Petition Counsel for the Petitioner: 1.MODAPOTHULA SUMALATHA Counsel for the Respondent(S): 3 1.GP MUNCIPAL ADMN AND URBAN DEVAP 2.GP FOR FINANCE PLANNING The Court made the following: M Order: - Learned counsel for the work, as entrusted by the respondents petitioner submits that the petitioner has vide Agreement No43/18-19/EE-IVB/DB bills. It is submitted that the executed dated 03.07.2018, and submitted final authority has also recorded the competent progress of work and certified the work M-Book. It is submitted that, in all, an amount of Rs.9,70 618/- i in the - is due and payable progress was recorded in by the respondents to the petitioner. Though the work the M-Book, no amounts have been forth coming. 2. Heard the learned counsel for the petitioner, the learned Assistant and Urban Development; the for Finance & Planning, and the learned -corporation. Government Pleader for Municipal Administration learned Assistant Government Pleader Standing Counsel for the respondent 3. Considering the submissions, the and release the payments due possible preferably within copy of this order. respondents are hereby directed to verify payable to the petitioner as expeditiously as of receipt of a a period of six (06) weeks from the date 4. Accordingly, the Writ Petition is disposed of. No costs. 5. Pending miscellaneous petitions. if any, shall stand closed. ^ PRASADA RAO ^^^'STAN^GISTRAR SECTION OFFICER //TRUE COPY// To, 1. The Special Chief Secretary, Department ... . of Municipal dmrnrstration And Urban Development, State of Andhra Pradesh Secretariat Buildings, Velagapudi, Amaravathi, Guntur District ' ■ The Pnnapal Secretary, Department of Finance and Planning, State o Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi Guntur District. 3. The Director of Municipal Administration, Gorantia, Guntur, Guntur District. 4. The District Collector, Visakhapatnam, Visakhapatnam District. 5. The Commissioner, Greater Visakhapatnam Municipal Corporation, Visakhapatnam, Visakhapatnam District. 6. The Superintending Engineer, Greater Visakhapatnam Municipal Corporation, Visakhapatnam, Visakhapatnam District. 7. The Executive Engineer-IV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam, Visakhapatnam District. 8. The Chief Executive Officer, AP CFMS Office, 6'^ Floor, C-Block, Anjaneya Towers, Ibrahimpatnam, Krishna District. 9. One CC to Smt. Modapothula Sumalatha, Advocate [OPUC] 10. One CC to Sri A.S.C. Bose, SC for Municipal Corporations [OPUC] 11. Two CCs to GP for Municipal Administration and Urban Development High Court of Andhra Pradesh. [OUT] 12.Two CCs to GP for Finance and Planning, High Court of Andhra Pradesh [OUT] 13. Two CD Copies. i ssb i HIGH COURT DATED:05/08/2025 ORDER WP No.20297 OF 2025 ir 0 2 SEP 2025 '0»; «2\ >s4JiKrent --SSss^SiS^ DISPOSING OF THE W.P. WITHOUT COSTS