Extracted from the PDF above. The PDF is authoritative.
APHC010397932025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY,THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 20125/2025 Between:
1. KMR CONSTRUCTIONS, NELLORE, REP. BY ITS MANAGING PARTNER KASU MADHUSUDHANA REDDY, S/O. MALAKONDA REDDY, AGED ABOUT 58 YEARS, OCC CONTRACTOR, R/O. 27-2- 353, PULIMI STREET, BALAJI NAGAR, NELLORE, SPSR NELLORE DISTRICT. ...PETITIONER AND
1. THE STATE OF AP, REP. BY ITS SPECIAL CHIEF SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT,
SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI,
AMARAVATHI, GUNTUR DISTRICT. 3. THE DIRECTOR OF MUNICIPAL ADMINISTRATION, VADDESWARAM, MANGALAGIRI, GUNTUR, GUNTUR DISTRICT. 4. THE ENGINEERINCHIEF, PUBLIC HEALTH AND MUNICIPAL ENGINEERING DEPARTMENT, TADEPALLI, GUNTUR DISTRICT. 5. THE DISTRICT COLLECTOR, NELLORE, SPSR NELLORE DISTRICT. 6. THE ALLUR NAGAR PANCHAYAT, REP. BY ITS COMMISSIONER, ALLUR, SPSR NELLORE DISTRICT. 7. THE REVENUE DIVISIONAL OFFICER, KAVALI, SPSR NELLORE DISTRICT. 8. THE SUPERINTENDING ENGINEER, PUBLIC HEALTH CIRCLE, NELLORE, SPSR NELLORE DISTRICT. 9. THE MANAGING DIRECTOR, AP STATE HOUSING CORPORATION LTD., AUTO NAGAR, VIJAYAWADA. 10. THE PROJECT DIRECTOR, AP STATE HOUSING CORPORATION LTD., NELLORE, SPSR NELLORE DISTRICT. 11. THE DEPUTY EXECUTIVE ENGINEER, ALLUR NAGAR PANCHAYAT, ALLUR, SPSR NELLORE DISTRICT. 12. THE CHIEF EXECUTIVE OFFICER, AP CFMS OFFICE, 6TH FLOOR, C-BLOCK, ANJANEYA TOWERS, IBRAHIMPATNAM, KRISHNA DISTRICT.
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...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.73,78,394/- vide M Book No.5/2022-23, even after finalizing the bills, payable to the petitioner in relation to the works i.e., Navarathnalu - Pedalandariki Illu - YSR Gruhavasathi 2020-2021 - Jungle Clearance - Levelling of the site and Formation of Internal roads at Survey Number - 441, 448 and 449-2 in Allur Nagar Panchayat, vide Agreement No.03/2022- 23/Navaratnalu, dated 10.06.2022 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amount of Rs.73,78,394/- vide M Book No.5/2022-23 with interest @24 percent per annum for the delayed amount to the petitioner in respect of execution of above- mentioned work forthwith 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 please to direct the respondents to pay for payment of amount of Rs.73,78,394/- vide M Book No.5/2022-23 with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works i.e. Navarathnalu - Pedalandariki Illu - YSR Gruhavasathi 2020-2021 - Jungle Clearance - Levelling of the site and Formation of Internal roads at Survey Number - 441, 448 & 449-2 in Allur Nagar Panchayat, vide Agreement No.03/2022-23/Navaratnalu, dated 10.06.2022, forthwith, pending disposal of the Writ Petition and pass Counsel for the Petitioner:
1. MODAPOTHULA SUMALATHA Counsel for the Respondent(S):
1. GP MUNCIPAL ADMN AND URBAN DEV AP
2. GP FOR FINANCE PLANNING
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The Court made the following Order:
Learned counsel for the petitioner submits that the petitioner has executed works as entrusted by the 6th respondent vide Agreement No.3/2022-23/Navaratnalu, dated 10.06.2022 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.73,78,394/- 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; the learned Assistant Government Pleader for Finance and Planning.
3. Considering the submissions, the respondents 2 to 12 are hereby
directed to verify and release the payments due payable to the petitioner as expeditiously as possible preferably within a period of eight (8) 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 : 01.08.2025 BMS