OBULESWARA SWAMY CONSTRUCTIONS v. THE STATE OF ANDHRA PRADESH
WP/30194/2024 · 2025-09-16
K Sreenivasa Reddy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 29502 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 29502 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010422802024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
WEDNESDAY, THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE
PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY
WRIT PETITION NO: 30194 OF 2024 Between:
1. OBULESWARA SWAMY CONSTRUCTIONS, Dr.No.4/42, Parvathareddygaripalli (V P), Lakkireddypalli (M), YSR Kadapa District, Andhra Pradesh, Rep.by its Managing Partner, D.Haranath Reddy, S/o Narayana Reddy, Aged 53 years. Managing Partner, R/o Dr.No.3-72, Parvathareddygari Palli, Lakkireddypalli, Y.S.R. Kadapa District, Andhra Pradesh. ...Petitioner AND
1. THE STATE OF ANDHRA PRADESH, Rep. by Principal Secretary, Education Department,
Secretariat Buildings, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance and Planning Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District,. Andhra Pradesh. 3. The Pulivendula Urban Development Authority, Pulivendula, Rep. by its Chairman/District Collector, Pulivendula, Y.S.R. Kadapa District. 4. The Andhra Pradesh Education Welfare Infrastructure Development Corporation, Represented by its Managing Director, D.No 7-96, Sri Sai Fortune Heights, Vaddeswaram Village Tadepalle, Guntur District - 522502
5. The Superintending Engineer, APEWIDC,Kadapa, Y.S.R. District. 6. The Executive Engineer, APEWIDC, Y.S.R. Kadapa District. 7. The Deputy Executive Engineer, Quality Control Sub Division, APEWIDC, Kadapa Circle, Y.S.R. Kadapa District ...Respondents
SRK, J WP No.30194 of 2024 2 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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not releasing the admitted bill amount of Rs.55,03,371/-(Rupees Fifty five lakhs three thousand three hundred and seventy one Only) for providing improvement to the Infrastructure to Govt. ITI at Chakrayapeta (V M) in YSR District in the state of Andhra Pradesh vide Agreement no.28/SE/D1/2022-2023, dated 22.11.2022 for the year 2021-22 is illegal, arbitrary and violation of Articles 14,19,21 and 300-A of the Constitution of India and consequently direct the respondents to release the amount of Rs.55,03,371/-(Rupees Fifty five lakhs three thousand three hundred and seventy one Only) with interest.
Counsel for the Petitioner: DASARI S V V S V PRASAD
Counsel for the Respondents: GP FOR EDUCATION
Counsel for the Respondents: V CH NAIDU (SC FOR AP HOUSING CORP )
Counsel for the Respondents: GP FOR FINANCE PLANNING
SRK, J WP No.30194 of 2024 3 The Court made the following ORDER: This Writ Petition has been filed seeking to declare the action of the respondents in not releasing the admitted bill amount of Rs.55,03,371/- even after finalizing the bills, payable to the petitioner in relation to the execution of works i.e., providing improvement to the infrastructure to Government ITI, at Chakrayapeta Village and Mandal, YSR district, as illegal and arbitrary and consequently direct the respondents to pay the said amount due to the petitioner in respect of execution of afore mentioned works forthwith. 2. Petitioner firm is Class-I Contractor doing various contractual works. In response to calling of tenders for providing improvement to the infrastructure to Government ITI, at Chakrayapeta Village and Mandal, YSR district, petitioner submitted his tender for an estimated contract value of Rs.76,67,647/- and he was declared as successful bidder in the said tender. Thereafter, he entered into an agreement dated 02.01.2023 with 5th respondent. Subsequently, petitioner completed the works within the prescribed time without any remarks. Having satisfied with the works done by the petitioner, respondents entered the same in M Book and issued certificate dated 13.02.2024. As per the direction of 2nd respondent, 3rd
SRK, J WP No.30194 of 2024 4 respondent prepared the bill for an amount of Rs.55,03,371/- and uploaded the same into the CFMS portal, but so far the said amount has not been paid to the petitioner. Hence, the petitioner firm filed the present Writ Petition. 3.
Today, when the matter came up for admission, learned counsel for the petitioner submits that the subject matter of this Writ Petition is squarely covered by the orders of this Court passed in WP No.29077 of 2018, dated 16.08.2018, wherein this Court directed the respondents therein to verify and quantify the amounts due to the petitioner therein in terms of the works admittedly executed and such undisputed amounts, if any, shall be paid to the petitioner within eight (8) weeks from the date of receipt of a copy of the order. 4. On the other hand, learned Assistant Government Pleader, on written instructions, submitted that the bill amount of Rs.55,03,371/- was already generated by the DDO in CFMS, but due to insufficient funds at HOD level, the said bill is pending. 5. In view of the aforesaid facts and circumstances and as there is no dispute with regard to the execution of work and amount due to the petitioner, the respondents are directed to release the admitted bill amount of Rs.55,03,371/- (Rupees fifty five lakhs three thousand three hundred and seventy one only) to
SRK, J WP No.30194 of 2024 5 the petitioner within a period of twelve (12) weeks from the date of receipt of a copy of this order, failing which, the Writ Petitioner is entitled to claim interest @ 6% per annum from the date of order till the date of realization. 6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed. ________________________ K. SREENIVASA REDDY, J. Date:17.09.2025 Nsr
SRK, J WP No.30194 of 2024 6 HON’BLE SRI JUSTICE K. SREENIVASA REDDY
Writ Petition No.30194 of 2024
Date:17.09.2025
Nsr
SRK, J WP No.30194 of 2024 7