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High Court of Andhra Pradesh · body

2025 DAILYLAW 28047 (AP)

M/s. Bhasaveswara Infratech, v. The State of Andhra Pradesh

WP/20142/2025 · 2025-07-31

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

^ - APHC010398072025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 20142 OF 2025 Between: M/s. Bhasaveswara Infratech, having its office at Almaspeta, Kadapa D.No.8/646/3, Vakkalapet Represented by its Managing partner Nagendra Prasad, S/o. Ravuru Bala Nagaiah Ravuru Aged about 36 Years, Occ. Kadapa, Y.S.R Contractor, Resident of D.No.8/644, Vakkalapeta, Almaspeta District. ...PETITIONER AND 1. The State of Andhra Pradesh rep. by its Principal Secretary, Municipal Department, Secretariat Administration and Urban Development Buildings, Velagapudi, Guntur District. 2. The State of Andhra Pradesh rep. by its Principal Secretary, Finance Department, Secretariat Buildings, Velagapudi, Guntur District. 3. The Kadapa Municipal Corporation rep by its. Commissioner, Kadapa Y.S.R District. 4. The Executive Engineer, Kadapa Municipal Corporation, Kadapa District. 5. The Pay and Accounts Officer, Works Accounts, Kadapa, Y.S.R District. ...RESPONDENTS , Y.S.R % Petition under Article 226 of the Constitution of India circumstances stated in the affidavit filed therewith praying that in the the High Court may be pleased to issue an appropriate Writ. Order or direction more particularly one in the nature of Writ of Mandamus .declaring the inaction of the respondents in releasing the net amounts of Rs. 11,91,469/- (Rupees Eleven One Thousand Four Hundred Sixty Nine only) 2611211, Rs.4,77,272/- (Rupees Four Lakhs Seventy Seven Thousand Hundred and Seventy Two only) under CFMS No.2023-717879 to a total sum of Rs. 16,68,741/- (Rupees Sixteen Thousand Seven Hundred Lakhs Ninty under CFMS No.2023- Two > aggregating Lakhs Sixty Eight and Fourty One only), towards the work duly executed by me as arbitrary, illegal artd well established legal principles apart from being violative of the fundamental and Constitutional rights guaranteed to me under Articles 14, 19 21 and 300-A of the Constitution of India and consequently direct the respondents pay the amount of Rs.16,68,741/- (Rupees Sixteen Lakhs Sixty Eight Thousand Seven One only) forthwith for all the works. Hundred and Fourty lA NO: 1 OF Petition under Section 151 CPC praying that in the circumstances stated may be pleased to necessary action for payment of an amount of Rs.16,68.741/- (Rupees Sixteen Eakhs Sixty Eight Thousand and Fourty One only), towards the work duly admitted by the Respondents, pending disposal of the above m the affidavit filed in support of the petition, the High Court direct the respondents to take Seven Hundred executed by me which are Writ Petition. Counsel for the Petitioner: SRI PAPUDIPPU Counsel for the Respondent No.1: GP FOR MUNICIPAL SASHIDAR REDDY ADMINISTRATION AND URBAN DEVELOPMENT GP FOR FINANCES PLANNING P. VENGALA REDDY, SC FOR MUNICIPAL CORPORATION Counsel for the Respondent Nos.2 & 5: Counsel for the Respondent Nos.3 & 4: SRI The Court made the following order: ^ •• APHC010398072025 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: 20142/2025 Between: HAVING ITS OFFICE AT ALMASPETA, 1.M/S. BHASAVESWARA INFRATECH VAKKALAPET, y 1 KADAPA, RAVURU AGED RESIDENT OF KADAPA, Y.S.R D.NO.8/646/3 REPRESENTED BY ITS MANAGING PARTNER, NAGENDRA PRASAD, S/0. RAVURU BALA NAGAIAH ABOUT 36 YEARS, OCC. CONTRACTOR D.NO.8/644, VAKKALAPETA, ALMASPETA, DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 3.THE KADAPA MUNICIPAL CORPORATION, REP BY ITS.. COMMISSIONER, KADAPA, Y.S.R DISTRICT. 4.THE EXECUTIVE ENGINEER, KADAPA MUNICIPAL COlPORATION, KADAPA, Y.S.R DISTRICT. 5.THE PAY AND ACCOUNTS OFFICER, WORKS ACCOUNTS, KADAPA, Y.S.R DISTRICT. 2 ...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 particularly one in the nature of Writ of Mandamus .declaring the inaction of the respondents in releasing the net amounts of Rs.l 1,91,469/- (Rupees Eleven Lakhs Ninty One Thousand Four Hundred Sixty Nine only) under OEMS No.2023-2611211, Rs.4,77,272/- (Rupees Four Lakhs Seventy Seven Thousand Two Hundred and Seventy Two only) under GEMS No.2023- 717879, aggregating to a total sum of Rs. 16,68,741/- (Rupees Sixteen Lakhs Sixty Eight Thousand Seven Hundred and Fourty One only), towards the work duly executed by me as arbitrary, illegal and well established legal principles apart from being violative of the fundamental and Constitutional rights guaranteed to me under Articles 14, 19, 21 and 300-A of the Constitution of India and consequently direct the respondents pay the amount Of Rs.16,68,741/- (Rupees Sixteen Lakhs Sixty Eight Thousand Seven Hundred and Fourty One only) forthwith for all the works and pass 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 take necessary action for payment of an amount of Rs.l 6,68,741/- (Rupees Sixteen Eakhs Sixty Eight Thousand Seven Hundred and Fourty One only), towards the work duly executed by me which are admitted by the Respondents, pending disposal of the above Writ Petition and pass Counsel for the Petitioner; 1. PAPUDIPPU SASHIDAR REDDY Counsel for the Respondent(S): 1.GP MUNCIPALADMN AND URBAN DEVAP 2.GP FOR FINANCE PLANNING 3 The Court made the following Order: Learned counsel for the petitioner submits that the petitioner has respondent-corporation and submitted executed works as entrusted by the 3 final bills. It is submitted that the rd 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.16,68,741/- is due and payable by the respondents to the petitioner. It is submitted that the bills were also uploaded in the CFMS Portal. However, 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 1®* respondent; the learned Assistant Government Pleader for Finance and Planning, for the respondents 2 and 5 and the learned the respondents 3 and 4. Standing Counsel for 3. Considering the submissions, the respondents 2 directed to verify and release the to 5 are hereby payments due payable to the petitioner expeditiously as possible preferably within a period of six (6) weeks from the as 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 standi closed. SD/- N NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Municipal Development Administration and Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Guntur District. Urban 2. The Principal Secretary. Finance Department, ' Secretariat Buildings, Velagapudi, Guntur District. 3. The Commissioner, Kadapa Municipal District. 4. The Executive Engineer. Kadapa Municipal Corporation, District. 5. The Pay and Accounts Officer District. 6. One CC to Sri Papudippu Sashidar Reddy, Advocate [OPUC] 7. One CC to Sri P. Vengala Reddy, SC for Municipal Corporation[OPUCl 8. Two CCs to GP for Municipal Administration High Court of Andhra Pradesh. [OUT] 9. Two CCs to GP for Finance Pradesh [OUT] 10. Two CD Copies. State of Andhra Pradesh, Corporation, Kadapa, Y.S.R Kadapa, Y.S.R Works Accounts, Kadapa, Y.S.R and Urban Development and Planning. High Court of Andhra ssb HIGH COURT DATED:01/08/2025 ORDER WP No. 20142 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS