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2025 DAILYLAW 29371 (AP)

BSCPL INFRASTRUCTURE LILMITED v. THE STATE OF AP

WP/20166/2019 · 2025-03-05

Subba Reddy Satti

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010419992019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY ,THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 20166/2019 Between: 1. BSCPL INFRASTRUCTURE LILMITED, HAVING ITS OFFICE AT 8-2- 502/1/A, TIW TOWERS, ROAD NO.7, BANJARA HILLS, HYDERABAD, REP. BY ITS PROJECT MANAGER, SRI KOMARA DASARADHRAMAIAH, S/O.VERTKAIAH, AGED 51 YEARS, 25-2-60 JOURNALIST COLONY, NIPPO CENTER,NELLORE MANDAL, ANDHRAKESARI NAGAR SPSR NELLORE DISTRICT, ANDHRA PRADESH-524004, ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI VILLAGE, THULLUR MANDAL, GUNTUR DISTRICT. 2. THE AMARAVATI DEVELOPMENT CORPORATION LIMITED, REP. BY ITS CHAIRMAN AND MANAGING DIRECTOR, ITS OFFICE SITUATED AT 20-4-15, FLAT NO.1G, ANAND HEIGHTS, KEDARESWARAPET, BESIDE PRABHAS COLLEGE, VIJAYAWADA- 520 003 KRISHNA DISTRICT. 3. THE CHIEF ENGINEER, THE AMARAVATI DEVELOPMENT CORPORATION LIMITED, ITS OFFICE SITUATED AT 20-4-15, FLAT- NO.1G, ANAND HEIGHTS, KEDARESWARAPET, BESIDE PRABHAS COLLEGE, VIJAYAWADA-520 003, KRISHNA DISTRICT. 2 4. LEA ASSOCIATES SOUTH ASIA PRIVATE LIMITED, C/O. 'SRINIVASAN' 2 AND 3RD FLOOR, DOOR NO. 3-10, RAMALAYAM ROAD, VELAGAPUDI, THULLUR MANDAL, GUNTUR DISTRICT-522 530. 5. THE COMMISSIONER, A. P.CAPITAL REGION DEVELOPMENT AUTHORITY KARL MARX ROAD, LENIN CENTER, ARUNDALPET, GOVERNORPET, VIJAYAWADA, KRISHNA 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 toto issue a writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not making the interim payments based on the Interim Payment Certificates (IPC) approved by the 4th respondent from 07-03-2019 to 26-08-2019 i.e., 1PC-13, 14 and 15, for an amount of Rs. 18,41,59,3151- as illegal, arbitrary, unreasonable and against the terms of the contract in violation of Articles 14 and 19 (1) (g) of the Constitution of India and consequently direct the respondents 1 to 3 to pay the Interim Payments based on the Interim Payment Certificates (IPC) approved by the 4th respondent from 07-03-2019 to 26-08-2019 i.e., IPC-13, 14,15, to an amount of Rs. 18,41,59,315/- along with 8 percent interest till the actual date of payment, the interest for a sum of Rs.61,06,475/- becomes payable till 04-12-2019, thereby amounting to a total of Rs.19,02,65,7901- to be payable by the 2nd Respondent to the petitioner company and pass IA NO: 1 OF 2019 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 pay the admitted and undisputed Interim Payments of Rs.18,41,59,315/- forthwith as per the Interim Payment Certificates (IPC) approved by the 4th respondent from 07-03-2019 to 26-08- 2019 i.e., IPC-13, 14 and 15 with @ 8% interest per annum payable as on 04- 12-2019, till the date of actual payment, pending disposal Of the above writ petition and pass IA NO: 1 OF 2020 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 3 direct the registry to post the W.P.No. 20166 of 2019 in the tomorrow's cause list i.e., on 19-08-2020 pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. PRABHU NATH VASIREDDY Counsel for the Respondent(S): 1. KASA JAGANMOHAN REDDY 2. GP FOR MUNCIPAL ADMN URBAN DEV The Court made the following: ::ORDER:: In pursuance of letter dated 25.02.2025 addressed to the Registrar (Judicial), learned counsel for the petitioner seeks permission to withdraw the present writ petition. 2. Permission is accorded. 3. Accordingly, this writ petition is dismissed as withdrawn. No order as to costs. Miscellaneous petitions, if any pending, in this case, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Dated: 05.03.2025 SNI 4 144 HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.20166 OF 2019 Dated: 05.03.2025 SNI