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2025 DAILYLAW 29777 (AP)

SRI MAHANANDIESWARA CONSTRUCTIONS v. THE STATE OF ANDHRA PRADESH

WP/22373/2025 · 2025-08-21

Harinath N

body2025

Judgment text

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N APHC010426192025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 22373 OF 2025 Between: Sri Mahanandieswara Constructions, Rep by. S.Ramesh Naidu, S/o. R/o. D.NO.25/427-10-A3-A-1, Nagalingamaiah, aged about 43 Years R.S.Road, Nandyal, Nandyal District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, A.P. Secretariat Building, Municipal Administration Department, Velagapudi, Amaravathi. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance Department, A.P. Secretariat Building, Velagapudi, Amaravathi. 3. The District Collector, Nandyal, Nandyal District 4. The Nandyal Municipality, Rep. by its Commissioner, Nandyal, Nandyal District. 5. The Municipal Commissioner, Nandyal Municipality, Nandyal, Nandyal District. 6. The Municipal Engineer, Nandyal Municipality District. Nandyal, Nandyal ...RESPONDENTS 0t Petition under Article 226 of the Constitution of India praying that in the the High Court may be or direction more particularly circumstances stated in the affidavit filed therewith pleased to issue an appropriate writ, order one in ■ the nature of Writ of Manda mus declaring the action of the respondents in not releasing the payments ' ^ '*by thfe^petitioner for providing (i) Maintenance * an amount of Rs. 57,52,006/- for the work executed and Repairs to Council Hall at Old Municipal Office (2nd call) through the Agreement No. 118/2020-21 13.10.2020 for an amount of Rs.8,16,858/- Dt: (ii) Jungle Clearance in PV Nagar Nandyal Municipality (2nd call) through the Agreement for House site area in No.246/2023-24 Dt: 30.10.2023 for an amount of Rs. 1,84,474/-, (iii) Laying of to d.no.28/1014-N2-7 110mm dia HOPE Pipe line from Elec Pole No.SBN 5/1 in Sai baba Nagar in Ward No.24 through the Agreement 11.07.2023 for an No. 104/2023-24 Dt: amount of Rs. 1,65,928/-, (iv) Providing 160mm HOPE Pipe line from Municipal Park to Baban Hospital in Ward No.12 through the Agreement No.222/2021-22 Dt: 12.10.2021 for an amount of Rs.1,49,593/-, (V) Formation of Roads from E.P.No. SS-6/2-14 to E.P.No.SS-6/8-1 1 at Vedde Line in YSR Nagar in Ward No.38 through the Agreement No.433/2023-24 Dt: 17.02.2024 for an amount of Rs.16,36,584/-, (vi) Formation Roads from E.P.No. SS-4/2-1 to E.P.No.SS-4/2-5 of Internal Cross & E.P.No. NN-ll/24 to E.P.No.11/24-3 at Nandamuri Nag No.439/2023-24 Dt: ar in Ward No.38 through the Agreement for an 17.02.2024 amount of Rs.8,83,179/-, (vii) Demolition of existing damaged ELSR at Srinivasa Nagar Pump House in Nandyal Municipality through the Agreement No.350/2023-24 Dt: 10.01.2024 at TCP Main for an amount of Rs. 1,95,542/-, (viii) Providing of Cross bund if Canal & KC Canal and watch and ward along bund from TCP main KC Canal (Nandyal Town) through the Agreement canal to No.406/2023-24 Dt: 04.02.2024 for an amount of Rs.7,81,144/-, (ix) Laying of 110mm dia HOPE distribution Pipe line in Ward No.21 through the Agreement No.356/2022-23 Dt: 04.11.2022 fora n amount of Rs.4,20.212/-and (x) Laying of 110mm d HOPE Pipe line from D.No.25/414-D2 to Sangamitra in Saleem Nagar in Ward No.35 (2nd call) through the Agreement No.349/2023-24 la Dt: 10.01.2024 for an amount of Rs.5,18,492 for a total amount of Rs. 57,52,006/-, 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. 57.52,006/-with 18% per annum to the petitioner in respect of the execution of aforementioned work forthwith and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. 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. 57,52,006/- with interest at 18% for the work executed by the petitioner for providing (i) Maintenance and Repairs to Council Hall at Old Municipal Office (2nd call) through the Agreement No. 118/2020-21 Dt; 13.10.2020 for an amount of Rs.8,16,858/-, (ii) Jungle Clearance in PV Nagar for House site area in Nandyal Municipality (2nd call) through the Agreement No.246/2023-24 Dt: 30.10.2023 for amount of Rs. 1,84,474/-, (iii) Laying of 110mm dia HOPE Pipe line from Elec Pole No.SBN 5/1 to d.no.28/1014-N2-7 in Sai baba Nagar in Ward No.24 through the Agreement No. 104/2023-24 Dt; 11.07.2023 for an an amount of Rs. 1,65,928/-, (iv) Providing 160mm HDPE Pipe line from Municipal Park Baban Hospital in Ward No. 12 through the Agreement No.222/2021-22 Dt; 12.10.2021 for an amount of Rs. 1,49,593/-, (v) Formation of E.P.No. SS-6/2-14 to E.P.No.SS-6/8-11 at Vedde Line in YSR Nagar in Ward No.38 through the Agreement No.433/2023-24 Dt; 17.02.2024 for of Rs. 16,36,584/-, (vi) Formation of Internal Cross Roads from E.P.No. SS- 4/2-1 to E.P.No.SS-4/2-5 & E.P.No. NN-ll/24 to E.P.No.ll/24-3 at Nandamuri Nagar in Ward No.38 through the Agreement No.439/2023-24 Dt: 17.02.2024 for an amount of Rs.8,83,179/-, (vii) Demolition of existing damaged ELSR Srinivasa Nagar Pump House in Nandyal Municipality through the Agreement No.350/2023-24 Dt: 10.01.2024 for Providing of Cross bund at i CP Main Canal & KC Canal and watch and ward to Roads from an amount at an amount of Rs. 1,95,542/-, (viii) along bund from TCP main canal to KC Canal (Nandyal Town) through the Agreement No.406/2023-24 Dt: 04.02.2024 for an amount of Rs.7,81.144/-. (ix) Laying of 110mm dia HOPE distribution Pipe line in Ward No.21 through Agreement No.356/2022-23 Dt: 04.11.2022 for Rs.4.20.212/-and (x) Laying of 110mm dia HOPE Pipe line from D.NO.25/414- D2 to Sangamitra in Saleem Nagar in Ward No.35 (2"^^ call) through the Agreement No.349/2023-24 Dt: 10.01.2024 for an amount of Rs.5.18.492. Counsel for the Petitioner: SMT. MARELLA RADHA Counsel for the Respondent No.1 & 3: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent No.2:GP FOR FINANCE AND PLANNING Counsel for the Respondent Nos.4 to 6:SRI G. LAKSHMI NARAYANA, SC FOR MUNICIPALITIES the an amount of The Court made the following order: fli APHC010426192025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] r FRIDAY,THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 22373/2025 Between: Sri Mahanandieswara Constructions ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.MARELLARADHA Counsel for the Respondent(S): 1.GP MUNCIPAL ADMN AND URBAN DEVAP 2.GP FOR FINANCE PLANNING The Court made the following: W.p. No.22373 OF 2025 Date of order:22.08.2025 THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No.22373 OF 202^ ORDER 1. The learned counsel for the petitioner submits that the petitioner has executed works as entrusted by the respondents under different agreements, for an amount of Rs.57,52,006/- 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. However no amounts have been forth coming. Heard the submissions of the learned counsel for the petitioner, the learned Government Pleader for Municipal Administration & 2. Urban Development, appearing for respondents 1 & 3; learned Assistant Government Pleader for Finance, for respondent No.2 and the learned standing counsel for the Municipal Corporation, appearing for respondent Nos.4 to 6. Considering the submissions, respondents 2 to 6 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. Accordingly, the writ petition is disposed of. No costs. Pending miscellaneous petitions, if any, shall stand closed. the appearing 3. 4. 5. Sd/- M. SR!^4[V.AS ASSISTANT REGivSTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Municipal Administration Department, State of Andhra Pradesh, A.P. Secretariat Building, Velagapudi, Amaravathi. Ci 2. The Principal Secretary, Finance Department, State of Andhra Pradesh, A.P. Secretariat Building, Velagapudi, Amaravathi. 3. The District Collector, Nandyal, Nandyal District 4. The Commissioner, Nandyal Municipality, Nandyal, Nandyal District. 5. The Municipal Commissioner, Nandyal Municipality, Nandyal, Nandyal District. 6. The Municipal Engineer, Nandyal Municipality, Nandyal, Nandyal District. 7. One CC to Smt. Marella Radha, Advocate [OPUC] 8. One CC to Sri G. Lakshmi Narayana, SC for Municipalities[OPUC ] 9. Two CCs to GP for Municipal Administration and Urban Development, High Court of Andhra Pradesh. [OUT] 10. Two CCs to GP for Finance and Planning, High Court of Andhra Pradesh [OUT] 11. Two CD Copies. Y ssb HIGH COURT DATED:22/08/2025 ORDER WP No. 22373 OF 2025 2 0 SEP 20^ /O'i 'PI- ZO /O \;-X: CO •o DISPOSING OF THE W.P. WITHOUT COSTS