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High Court of Andhra Pradesh · body

2025 DAILYLAW 29714 (AP)

SRI MAHANANDIESWARA CONSTRUCTIONS v. THE STATE OF ANDHRA PRADESH

WP/22372/2025 · 2025-08-27

Harinath N

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

■\ APHC010426172025 IN THE HIGH COURT OF AT AMARAVATI (Special Original Jurisdiction) ANDHRA PRADESH 02^ THURSDAY, THE TWENTY EIGHTH DAY OF AUGUST TWO THOUSAND AND TWENTY present THE honourable SRI JUSTICE FIVE harinath.n ^^^^^ITPETmON NO: 22372 OF ?n9i; Between: M/s. Sri Mahanandieswara Constructions, Nagalingamaiah, aged about R.S.Road, Nandyal. Nandyal District. Rep by. S.Ramesh Naidu 43 Years. R/o. D.No. S/o. 25/427-10-A3-A-1, ...Petitioner AND T The State of Andhra Pradesh, Municipal Administration Velagapudi, Amaravathi. 2. The State of Andhra Pradesh Rep. by its Principal Secretary Department, A.P. Secretariat Building, Rep. by its Principal Secretary, Finance Department, A.P. Secretariat Building, Velagapudi, Amaravathi 3. The District Collector, Nandyal, Nandyal District. 4. The^Nandyai Municipality, Rep. hy its Commissioner, Nandyal, Nandyal 5. The Municipal Commissioner, District. 6. The Municipal Engineer, District. Nandyal Municipality, Nandyal, Nandyal Nandyal Municipality, Nandyal Nandyal ...Respondents % under Article 226 of the Constitution of India praying that in the Petition 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 payments an amount of Rs.53,57,857/- to the petitioner for the works executed by the petitioner for providing (i) Laying of 110mm dia HOPE Pipe line from Elec Skanda Venture to Nandikotkur Main Road through the Agreement No.343/2023-24 Dt 04.01.2024 for an amount of Rs. 1,53,342/-, (ii) Repairs to 350mm dia Pumping Main Leakages at Atmakur Busstand (2nd call) through the Agreement No. 106/2023-24 Dt 11.07.2023 for an amount of Rs. 1,41,197/-, (iii) Laying of 110mm dia HOPE Pipe line from D.No.29/152- BIO to 29/155-D 2-23 in Lakshmi Nagar in Ward No. 13 through the Agreement No.240/2021-22 Dt 03.11.2021 for an amount of Rs. 1,25,610/-, (iv) Formation of Internal Cross Roads from Old ELSR to Main Road at YSR Nagar in Ward No.38 through the Agreement No,438/2023-24 Dt 17.02.2024 for an amount of Rs. 10,33,450/-, (v) Formation of Roads from E.P.No. SS- 11/9-3-13 to E.P.No.SS-4/12-3 at YSR Nagar in Ward No.38 through the Agreement No.435/2023-24 Dt 17.02.2024 for an amount of Rs. 16,64,883/-, (vi) Formation of Roads from Irrigation Canal to ELSR-II along Main Road at YSR Nagar in Ward No.38 through the Agreement No.434/2023-24 Dt 17.02.2024 for an amount of Rs. 15,94,696/-, (vii) Engaging JCB on Hire basis for Pumping Main Leakages at Silpa Seva Samithi, Ponnapuram, Maddileru and Head water works through the Agreement No. 105/2023-24 Dt vagu 11.07.2023 for an amount of Rs.98,005/-, (viii) Formation of Cross Bund and Hire Vehicle for Watch and ward from Velugodu Balancing Reservoir to SS Tank of Nandyal through the Agreement No.548/2024-25 Dt,23.02.2024 for amount of Rs. 1,80,484/- and (ix) Laying of 110mm dia HDPE Pipe line from D.NO.28/1052-44-F1 to 28/1052-42-A2 in Ward No.26 through the Agreement No.247/2023-24 Dt 31.10.2023 for an amount of Rs.3,66,190/- for a total amount of Rs. Rs.53,57,857, as illegal, arbitrary and contrary to law and un constitution and violation of Article 14 of Constitution of India and , consequently direct the respondents to release an amount of Rs.53,57,857/- with 18% per annum to the petitioner in respect of the execution of aforementioned work 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 respondents to release an amount of Rs.53,57,857/-with interest at 18% for the work executed by the petitioner for providing (i) Laying of 110mm dia HOPE Pipe line from Elec Skanda Venture to Nandikotkur Main Road through the Agreement No.343/2023-24 Dt 04.01.2024 for an amount of Rs. 1,53,342/-, (ii) Repairs to 350mm dia Pumping Main Leakages at Atmakur Busstand (2nd call) through the Agreement No. 106/2023-24 Dt 11.07.2023 for an amount of Rs. 1,41,197/-, (iii) Laying of 110mm dia HOPE Pipe line from D.No.29/152- BIO to 29/155-D 2-23 in Lakshmi Nagar in Ward No. 13 through the Agreement No.240/2021-22 Dt 03.11.2021 for an a,- nt of Rs. 1,25,610/-, (iv) Formation of Internal Cross Roads from Old ELSR to Main ry^r\i i J Road at YSR Nagar in Ward No.38 through the Agreement No.438/2023-24 Dt 17.02.2024 for an amount of Rs. 10,33,450/-, (v) Formation of Roads from E.P.No. SS-II/9-3-13 to E.P.No.SS-4/12-3 at YSR Nagar in Ward No.38 through the Agreement No.435/2023-24 Dt 17.02.2024 for an amount of Rs. 16,64,883/-, (vi) Formation of Roads from Irrigation Canal to ELSR-II along Main Road at No.434/2023-24 Dt YSR Nagar in Ward No.38 through the Agreement 17.02.2024 for an amount of Rs. 15,94,696/-, (vii) Engaging JCB on Hire basis for Pumping Main Leakages at Silpa Seva Samithi, Ponnapuram, Maddileru vagu and Head water works through the Agreement No. 105/2023-24 Dt 11.07.2023 for an amount of Rs.98,005/-, (viii) Formation of Cross Bund and Hire Vehicle for Watch and ward from Velugodu Balancing Reservoir to SS Tank of Nandyal through the Agreement No.548/2024-25 Dt,23.02.2024 for amount of Rs. 1,80,484/- and (ix) Laying of 110mm dia HDPE Pipe line from D.NO.28/1052-44-F1 to 28/1052-42-A2 in / / Ward No.26 through the Agreement No.247/2023-24 Dt 31.10.2023 for an amount of Rs.3,66,190/-. Counsel for the Petitioner; SMT. MARELLA RADHA Counsel for the Respondent Nos. 1 & 3: GP FOR MUNCIPAL ADMN AND URBAN DEV Counsel for the Respondent No.2: GP FOR FINANCE & PLANNING Counsel for the Respondent Nos. 4 to 6: SRI G LAKSHMI NARAYANA (SC FOR MUNICIPALITIES) The Court made the following order: APHC010426172025 IN THE HIGH COURT OF AT AA/IARAVATI (Special OriginalJurisdiction) 0tfS ANDHRA PRADESH [3457] thursda^the twenty eighth day of august TWO THOUSAND AND TWENTY present the honourable SRI justice mULPEimON NO: 22377/909^ FIVE harinath.n Between: Sri Mahanandieswara Constructions ...petitioner AND The State Of Andhra Pradesh Counsel for the Petitioner: 1. MARELLA RADHA Counsel for the Respondent(S): 1.GP MUNCIPAL ADMN AND 2. GP FOR FINANCE PLANNING The Court made the following: and Others ...RESPONDENT(S) URBAN DEV AP \ 2 THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No.22372 OF 2025 ORDER 1. The learned counsel for the petitioner submits that the petitioner has executed works entrusted by the 4^^ respondent-corporation and submitted the final bills. It is submitted that the competent authority has recorded the progress of the work and certified the same in the M-Book. It is further submitted that, in all, an amount of Rs.53,57,857/- is due and payable by the respondents to the petitioner. Though the progress of the work was recorded in the M-Book, no amount has been forthcoming. 2. Heard the learned counsel for the petitioner, the learned Government Pleader for Municipal Administration and Urban Devrilopment; the learned Assistant Government Pleader for Finance & Planning, and the learned Standing Counsel for the corporation. 3. Considering the submissions, respondent Nos.2, 4 and 5 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. 4. Accordingly, the Writ Petition is disposed of. No costs. 5. Pending miscellaneous petitions, if any, shall stand closed. Sd/- U. SRIDEVI ASSISTANT REGISTRAR //TRUE COPY// mr SECTION OFFICER To, 1. The Principal Secretary, Municipal Administration Department, A.P. Secretariat Building, Velagapudi, Amaravathi. 2. The Principal Secretary, Finance Department, A.P. Secretariat Building, Velaoani/Hi Arr.o.--.w.,iu: ' 3. The District Collector, Nandyal, Nandyal District 4. The Nandyal Municipality, Rep. hy i.s Contntissione,, Nandyal, Nandyal 5, ;^J^M-icipal Ccmntissioner, Nandyal Municipality, Nandyal, Nandyal 6. The Municipal Engineer, Nandyal Municipality, Nandyal District. 7. One CC to Smt. Marella r 8. One CC to Sri G Lakshmi [OPUC] 9. Two CCs to GP for Andhra Pradesh [OUT] 10. Two CCs to GP for Finance [OUT] 11. Two CD Copies Nandyal Radha, Advocate [OPUC] narayana (SC for Municipalities). Advocate Muncipal Admn and Urban Dev, High Court of & Planning, High Court of Andhra Pradesh TF HIGH COURT DATED:28/08/2025 ORDER WP NO. 22372 OF 2025 c? 1i SEP 2025 ov ^s^yrrent Sectijix'^^ DISPOSING OF THE W.P., WITHOUT COSTS