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2025 DAILYLAW 29607 (AP)

VIGNESWARA CONSTRUCTIONS v. THE STATE OF AP

WP/22063/2025 · 2025-08-31

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 HN, J W.P.No.22063_2025 APHC010424082025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 22063/2025 Between: 1. VIGNESWARA CONSTRUCTIONS, REP BY ITS MANAGING PARTNER, V SURESH REDDY, S/O V RAMAMJANEYA REDDY, AGED 45 YEARS, R/O D.NO.25/27, SANJEEVA NAGAR, NANDYALA, KURNOOL DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPAL, ADMINISTRATION AND URBAN DEVELOPMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR. 2. THE EXECUTIVE ENGINEER1, MUNICIPAL CORPORATION,VIJAYAWADA, KRISHNA DISTRICT. 3. THE SUPERINTENDING ENGINEER WORKS, THE SUPERINTENDING ENGINEER (WORKS) MUNICIPAL CORPORATION, VIJAYAWADA, KRISHNA DISTRIC 4. THE CHIEF ENGINEER, MUNICIPAL CORPORATION, VIJAYAWADA KRISHNA DISTRICT 5. THE STATE OF ANDHRA PRADESH, THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE PLANNING SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT 2 HN, J W.P.No.22063_2025 6. THE VIJAYAWADA MUNICIPAL CORPORATION, REP BY ITS COMMISSIONER, VIJAYAWADA, KRISHNA DISTRICT. R6 IS IMPLEADED AS PER THE COURT'S ORDER DT.22.08.2025 IN I.A.NO. 02 OF 2025. ...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 action of the Respondents in withholding the Part III and Final payments of pending amounts of Rs. 76,60,000, Rupees Seventy Six Lakhs Sixty Thousand only which also includes price variation amount and other statutory amount additions, to bill payment payable to the petitioner in relation to the works i.e.,Providing 500mm dia D.l Pumping Main k9 from Head water works to Lorry stand in 38 40 Division of west constituency(RC.E6-113940/2021), Agreement No.06/2022-23, dated 11.08.2022 as bad .illegal, arbitrary, improper, unjust and against the Article 21 of Constitution of India and consequently direct the respondents to pay the amounts of Rs. 76,60,000/- ( Rupees Seventy Six Lakhs Sixty Thousand only) with interest 4percentage per annum for the delayed amount till date of realization for the works executed by the petitioner and pass IA 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 consider releasing the amounts Rs.direct the respondents to forthwith 76,60,000/- ( Rupees Seventy Six Lakhs Sixty Thousand- only) payable to the petitioner herein, pending disposal of the writ petition and pass IA NO: 2 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 Implead the present Proposed Respondent No.6 The Vijayawada Municipal Corporation, Rep. by its Commissioner, Vijayawada, Krishna District in the above W.P.No. of 2025 as Proposed Respondent’s No. 6 and to pass Counsel for the Petitioner: 3 HN, J W.P.No.22063_2025 1. DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP 2. S.V.S.S.SIVARAM SC For VMC 3. GP FOR FINANCE PLANNING 4 HN, J W.P.No.22063_2025 ORDER: 1. Learned counsel for the petitioner submits that the petitioner has executed works as entrusted by the 6th respondent and has submitted the 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 further submitted that, in total, an amount of Rs.76,60,000/- is due and payable by the respondents to the petitioner. Though the work progress was recorded in the M-Book, no amounts have been forthcoming. 2. Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Municipal Administration and Urban Development, the learned Government Pleader for the Finance & Planning and the learned Standing Counsel. 3. The learned Standing counsel for the Municipality submits that the final bills were approved for payment of Rs.76,06,107/-. 4. Considering the same, there shall be a direction to the concerned respondents to verify and release the admitted amount of Rs.76,06107/- within a period of eight (08) weeks from the date of receipt of a copy of this order. 5. Accordingly, the Writ Petition is disposed off. No costs. As a sequel, miscellaneous applications, pending, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date:01.09.2025 NKA 5 HN, J W.P.No.22063_2025 70 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 22063 of 2025 Date: 01.09.2025 NKA