M/s Jessela Projects, v. THE STATE OF ANDHRA PRADESH
WP/21794/2025 · 2025-08-19
Harinath N
body2025
DailyLaw.ai
[ 2025 DAILYLAW 29292 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 29292 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010418172025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE o PRESENT > THE HONOURABLE SRI JUSTICE HARINATH.N ■ •> WRIT PETITION NO: 21794 OF 2025 Between: M/s. Jessela Projects, Rept. by its Proprietor Macharla Kumar S/o Seshaiah, D.No.14-1005, Dolas Nagar, Tadepalli, Guntur District, Andhra Pradesh. ...PETITIONER AND
1. The State of Andhra Pradesh, Rep. By its Principal Secretary, Municipal Administration and Urban Development Department, A.P Secretariat Buildings, Velagapudi, Amaravathi. The State of Andhra Pradesh, Rep. By its Principal Secretary, Finarjce Department, A.P Secretariat Buildings Velagapudi, Amaravathi. ^ The Vijayawada Municipal Corporation, Rept. by its Commissioner, Vijayawada, NTR District. The Executive Engineer-Ill, O/o Municipal Corporation, Vijayawada. The Pay and Accounts Officer, Work and Accounts Department, Vijayawada, NTR District.
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5. ...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 Writ,
Order or direction more particularly one in the Nature of Writ of Mandamus declaring the action of the respondents in withholding the
f payments of the admitted bill for a net amount of Rs.8,21,401/-, Rs.2,76,905/- , Rs.3,68,326-, and Rs.8,22,394/- respectively and the total admitted contract net bill amounts of Rs.22,89,026/- even after finalizing the bills payable to the petitioner in relation to the works i.e 1) Repairs to existing damaged shuttlers and roof ceiling and Providing paintings to West side block in Fish Market division in Circle area, vide rd ,|:pmpl^ at Gulam Mohiddin street in 53 ■ agreement No.E.E/46/2024-25 dt.08.01.2025, 2) Providing paintings to existing fish market east side building first floor at Gulam mohiddin street in 53'^'^ division in the view of Swachh Survekshna-2024, Circle-1 area, vide agreement No.E.E/37/2025-26, Dt.24.04.2025, 3) Providing paintings to existing fish market east side building ground floor at Gulam mohiddin street in 53'^'^ division in the view of Swachh Survekshna-2024, Circle-1 area, vide No.E.E/36/2025-26, Dt.24.04.2025, 4) Providing CC Road to Division vide agreement agreement Veenus Collection Road at Revenue Colony in 8 th No.E.E/67/2024-25, Dt. 12.03.2025, respectively is questioned, as the same is illegal and arbitrary and consequently direct the respondents to consider total an amount of payments of the Final admitted Bills for a net Rs.22,89,026/-, with interest @ 12% per annum for the delayed amount to the petitioner in respect of the execution of above mentioned works 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 to direct the respondent authorities to release the admitted contract total net bill amount of Rs. 22,89,026/- lakhs with interest at 12% for the works executed by the petitioner forthwith, pending disposal of the Writ petition. Counsel for the Petitioner: SRI GNANESWARA RAO MITTIREDDI Counsel for the Respondent No.1: GP MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT
'»/ ^ Counsel for the Respondent Nos.2 & 5;GP FOR FINANCE & PLANNING Counsel for the Respondent Nos.3 & 4:SRI S.V.S.S.SIVARAM, SC For VMC The Court made the following order:
APHC010418172025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 21794/2025 Between: 1.M/S JESSELA PROJECTS REPT.
BY ITS PROPRIETOR MACHARLA KUMAR S/0 SESHAIAH, D.NO.14-1005, DOLAS NAGAR, PRADESH. j j TADEPALLI, GUNTUR DISTRICT, ANDHRA ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, A.P SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, A.P SECRETARIAT BUILDINGS VELAGAPUDI, AMARAVATHI. 3.THE VIJAYAWADA MUNICIPAL CORPORATION, REPT. BY ITS COMMISSIONER, VIJAYAWADA, NTR DISTRICT. 4.THE EXECUTIVE ENGINEERILL, 0/0 MUNICIPAL CORPORATION, VIJAYAWADA. 5.THE PAY AND ACCOUNTS OFFICER, WORK AND ACCOUNTS DEPARTMENT, VIJAYAWADA, NTR DISTRICT. ...RESPONDENT(S):
2 W.P. No.21794 OF 2025 Date of order:20.08.2025 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 tomay be pleased to issue Writ,
Order or direction more particularly one in the Nature of Writ of Mandamus declaring the action of the respondents in withholding the payments of the admitted bill for a net amount of Rs.8,21,401/-, Rs.2,76,905/-, Rs.3,68,326-, and Rs.8,22,394/- respectively and the total admitted contract net bill amounts of Rs.22,89,026/- even after finalizing the bills payable to the petitioner in relation to the works i.e 1) Repairs to existing damaged shuttlers and roof ceiling and Providing paintings to West side block in Fish Market complex at Gulam Mohiddin street in 53rd division in Circle area, vide agreement No.E.E/46/2024- 25 dt.08.01.2025, 2) Providing paintings to existing fish market east side building first floor at Gulam mohiddin street in 53rd division in the view of Swachh Survekshna-2024, Circle-1 area, vide agreement Dt.24.04.2025, 3) Providing paintings to existing fish market east side building No.E.E/37/2025-26, ground floor at Gulam mohiddin street in 53rd division in the view of Swachh 26,Survekshna-2024, Circle-1 area, vide agreement Dt.24.04.2025, 4) Providing CC Road to Veenus Collection Road at Revenue Colony in 8th Division vide agreement No.E.E/67/2024-25, Dt. 12.03.2025, respectively is questioned, as the same is illegal and arbitrary and consequently direct the respondents to consider payments of the Final admitted Bills for a net total an amount of Rs.22,89,026 /-, with interest @ 12percent per annum for the delayed amount to the petitioner in respect of the execution of above mentioned works forthwith and to pass such No.E.E/36/2025- lA NO: 1 OF 2025 Petition under Section 151 CPC circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to direct the respondent authorities to release the admitted contract total net bill amount of Rs. 22,89,026/- lakhs with interest at 12% for the works executed by the petitioner forthwith, pending disposal of the Writ petition and pass such Counsel for the Petitioner: praying that in the
3 W.P. No.21794 OF 2025 Date of order:20.08.2025 f 1.GNANESWARA RAO MITTIREDDI Counsel for the Respondent(S);
1 .GP FOR MUNCIPAL ADMN URBAN DEV 2.S.V.S.S.SIVARAM SC For VMC 3.GP FOR FINANCE PLANNING The Court made the following:
4 W.P. No.21794 OF 2025 Date of order:20.08.2025 M THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No.21794 OF 2025
ORDER
1. The learned counsel for the petitioner submits that the petitioner has executed works as entrusted by the respondents vide agreement No.E.E./46/2024-25, dt.08.01.2025; agreement No. E.E./37/2025-26, dt.24.04.2025; agreement No.E.E./36/2025- 26 dt.24.04.2025; NO.E.E./67/2024-25 agreement dt. 12.03.2025 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.22,89,026/- is due and payable by the respondents to the petitioner. Though the work progress recorded in the M-Book, no amounts have been forth coming.
2. Heard the submissions of the learned counsel for the petitioner, the learned Assistant Government Pleader for Municipal Administration & Urban Development, for respondent No.1, the learned Assistant Government Pleader for Finance & Planning, for respondent No.2 & 5, the learned standing counsel for respondents 3 & 4.
3. Considering the submissions, respondents 2 to 5 are hereby
directed to verify and release the payments due payable to the was
5 W.P. No.21794 OF 2025 Date of order:20.08.2025 petitioner as expeditiously as possible preferably within a period of six (06) 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.
Sd/- K.J. RAJA BABU assistant registrar 1^ //TRUE COPY// SECTION OFFICER To, Administration and Urban of Andhra Pradesh, A.P Secretariat . The Principal Secretary, Municipal Development Department, State 1 Buildings, Velagapudi, Amaravathi State of Andhra Finance Department
2. The Principal Secretary, Secretariat Buildings Velagapudi, Amaravathi. Municipal Corporation, Vijayawada, Pradesh, A.P Commissioner, Vijayawada
3. The NTR District. 4 The Executive Engineer-Ill, O/o Municipal Corporation, Viiayawa a. 5, The Pay and Accounts Officer, Work and Accounts Department, Vijayawada, NTR District.
6. One CC to Sri Gnaneswara
7. One CC to Sri S.V.S.S.Sivaram
8. Two CCS to GP for I High Court of Andhra Pradesh. [OUT] GP for Finance and Planning, High Court of Andhra Rao Mittireddi, Advocate [OPUC] ,SC ForVMC [OPUC] Municipal Administration and Urban Development,
9. Two CCS to Pradesh [OUT]
10. Two CD Copies. ssb
HIGH COURT DATE0:20/08/2025
ORDER WP No. 21794 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS