M/s Sri Venkateswara Constructions, v. The State of Andhra Pradesh,
WP/20889/2025 · 2025-08-06
Harinath N
body2025
DailyLaw.ai
[ 2025 DAILYLAW 28505 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 28505 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
I t' APHC010404862025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) m THURSDAY, THE SEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 20889 OF 2025 Between: M/s Sri Venkateswara Constructions, Visakhapatnam, Rep. by its Managing Partner Yasarapu Appalraju, S/o. Y Appal Naidu, Aged about 51 years, Occ- Contractor, R/o.302-Venkatadri, Happy Home Apartment, Kancharapalem, Visakhapatnam, Visakhapatnam District. ...Petitioner AND
1. The State of Andhra Pradesh, Rep. by its Special Chief Secretaiy, 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 Velagapudi, Amaravathi, Guntur District. 3. The Director of Municipal Administration, Gorantia, Guntur, Guntur District. Secretariat Buildings,
4. The District Collector, Visakhapatnam, Visakhapatnam District. 5. The Greater Visakhapatnam Municipal Corporation, Rep. by its Commissioner, Visakhapatnam, Visakhapatnam District. 6. The Superintending Engineer (Works-ll), 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, Anjaneya Towers, Tbfahimpatnam, Krishna District. 6th Floor, C-Block, ...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 16,65,277/- vide M Book No.458/2023-24, even after finalizing the bills, payable to the petitioner in relation to the works i.e.. Laying of CC type design drain in Nerellakoneru of ward no 32 zone-IV, vide Agreement No. 277/2022- 23/EE-IV/ DB/GVMC, dated 25.01.2023 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amount of Rs. 16,65,277/- vide M Book No.458/2023-24 with interest @24% per annum for the delayed amount to the petitioner in respect of execution of above- mentioned work forthwith. lA NO: 1 OF 202fi 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 direct the respondents to pay for payment of amount of Rs.
16,65,277/- vide M Book No.458/2023-24 with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works i.e. Laying of CC type design drain in Nerellakoneru of ward no 32 zone-IV, vide Agreement No. 277/2022- 23/EE-IV/ DB/GVMC, dated 25.01.2023, forthwith, pending disposal of the Writ Petition. Counsel for the Petitioner: M/S. MODAPOTHULA SUMALATHA Counsel for the Respondent Nos. 1, 3 & 4: GP FOR MUNCIPAL ADMN AND URBAN DEV of Rs. to
Counsel for the Respondent Nos. 5 to 7: SRI A S C BOSE (SC FOR MUNICIPAL CORPORATIONS) Counsel for the Respondent Nos. 2 & 8: GP FOR FINANCE & PLANNING The Court made the following order:
APHC010404862025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE SEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 20889/2025 Between:
1.M/S SRI VENKATESWARA CONSTRUCTIONS,, VISAKHAPATNAM, REP. BY ITS MANAGING PARTNER YASARAPU APPALRAJU, S/0. Y APPAL NAIDU, AGED ABOUT 51 YEARS, OCC- CONTRACTOR, R/O.302-VENKATADRI, KANCHARAPALEM, DISTRICT. APARTMENT, VISAKHAPATNAM HAPPY HOME VISAKHAPATNAM, ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIEF SECRETAIY, AND URBAN DEVELOPMENT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. DEPARTMENT OF MUNICIPAL ADMINISTRATION SECRETARIAT BUILDINGS, 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL 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. 5.THE GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, VISAKHAPATNAM, REP. BY ITS COMMISSIONER
2 VISAKHAPATNAM DISTRICT. 6.THE SUPERINTENDING ENGINEER WORKSII, 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. 16,65,277/- vide M Book No.458/2023-24, even after finalizing the bills, payable to the petitioner in relation to the works i.e.. Laying of CC type design drain in Nerellakoneru of ward no 32 zone-IV, vide Agreement No. 277/2022- 23/EE-IV/ DB/GVMC, dated 25.01.2023 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amount of Rs. 16,65,277/- vide M Book No.458/2023-24 with interest @24percent per annum for the delayed amount to the petitioner in respect of execution of above- mentioned work forthwith 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 please to direct the respondents to pay for payment of amount of Rs. 16,65,277/- vide M Book No.458/2023-24 with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works i.e. Laying of CC type design drain in Nerellakoneru of ward no 32 zone-IV, vide Agreement No. 277/2022-23/EE-IV/ DB/GVMC, dated 25.01.2023, forthwith, pending disposal of the Writ Petition and pass Counsel for the Petitioner;
1 .MODAPOTHULA SUMALATHA
3 Counsel for the Respondent(S):
1.GP MUNCIPAL ADMN AND URBAN DEV AP 2.GP FOR FINANCE PLANNING The Court made the following;
4
Order-
Learned counsel for the petitioner submits that the petitioner has executed work, as entrusted by the respondents vide Agreement No.277/2022-23/EE- IV/DB/GVMC, dated 25.01.2023, 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.16,65,277/- 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. Heard the
learned counsel for the petitioner, the learned Assistant
2. Government Pleader for Municipal Administration and Urban Development; the learned Assistant Government Pleader for Finance & Planning, and the learned Standing Counsel for the respondent-corporation. Considering the submissions, the respondents are hereby directed to verify and release the payments due payable to the petitioner as expeditiously as possible preferably within a period of six (06) weeks from the date of receipt of a copy of this order. Accordingly, the Writ Petition is disposed of. No cos|s/\
3.
4.
Sd/- V.DIWAKAR DEPUTY REGISTRAR //TRUE COPY// SECTTCfN OFFICER To.
1. The Special Chief Secretary, Department of Municipal Administration Urban Development, Amaravathi, Guntur District. And Secretariat Buildings Velagapudi
2. The Principal Secretary, Department of Finance and Planning, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.
3. The Director of Municipal Administration, Gorantia, Guntur, Guntur District.
1
4. The District Collector, Visakhapatnam, Visakhapatfiam District.
5. The Commissioner, Greater Visakhapatnam Municipal Corporation, Visakhapatnam, Visakhapatnam District.
6. The Superintending Engineer Works-11, 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 6th Floor, C-Block, Anjaneya Towers, Ibrahimpatnam, Krishna District.
9. One CC to M/s. Modapothula Sumalatha Advocate [OPUC]
10. One CC to Sri A S C Bose (SC for Municipal Corporations) Advocate [OPUC]
11. Two CCs to GP for Muncipal Admn and Urban Dev Andhra Pradesh [OUT]
12. Two CCs to Pradesh [OUT]
13. Two CD Copies High Court of GP for Finance & Planning, High Court of Andhra TF
HIGH COURT DATE 0:07/08/2025
ORDER WP NO. 20889 OF 2025 ^2 8 AUG 2025^ /» Jfn ★xytffentSectlga^ DISPOSING OF THE W.P., WITHOUT COSTS