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2025 DAILYLAW 29854 (AP)

R K CONSTRUCTIONS v. THE STATE OF ANDHRA PRADESH

WP/22342/2025 · 2025-08-27

Harinath N

body2025

Judgment text

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APHC010428362025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0^ THURSDAY,THE TWENTY EIGHTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 22342 OF 2025 Between: R K Constructions, , Rept. by its Proprietor, Jetti Ramakrishna Mohan Rao, S/o Venkata Ratnam aged about 71 years, Occu Contractor, D.No 40-09/11-1B, 3RD Cross Road, Municipal Employees Colony, Vijayawada-520010 NTR District, A.P. ...Petitioner AND 1. The State Of Andhra Pradesh, Rep. By its Principal Secretary, Municipal Administration AND Urban Development Department Secretariat Buildings, Velagapudi, Amaravathi. 2. The State of Andhra Pradesh, Rep. By its Principal Secretary, Finance Department, A.P Secretariat Buildings Velagapudi, Amaravathi. 3. The Vijayawada Municipal Corporation, Rept. by its Commissioner, Vijayawada NTR District. 4. The Executive Engineerl, O/o Municipal Corporation, Vijayawada. 5. The Pay and Accounts Officer, Work and Accounts Department, Vijayawada, NTR District. A.P ...Respondents 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 Writ, Order or direction more particularly one in the Nature of Writ of Mandamus declaring the action of the respondents in withholding the a net amount of Rs. 17.28.456/- and Rs. 1ST and final admitted bills for 17,05,963/- respectively for a total sum of rupees Rs. Rs.34,34,419/- after finalizing the bills payable to the petitioner in relation to the two works i.e 1) Construction of CC road and drains from even Bali Baba Mandhir road to Canara Bank road of 129 Sachivalyam in 41st division under GGMP Funds vide agreement No. E.E /GGMP/16/2022-23, dt. 04.01.2023 2) Construction and raising of NTR street drains and CC road in 40TH division under GGMP Funds vide agreement No E.E /GGMP/28/2022-23 dt.19.04.2023, as the same is illegal and arbitrary and payments of the Final an amount of Rs.34,34,419/-, with interest @ 12PERCENT per annum for the delayed amount to the petitioner in respect of the execution of above mentioned work forthwith. respectively are questioned consequently direct the respondents to consider admitted Bills for a net total lA NO: 1 OF 2n?fi 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 respondent authorities to release the 1ST‘ and final admitted bill amount of Rs.34,34,419/-lakhs with interest at 12% for the works the petitioner forthwith, pending disposal of the Writ petition. Counsel for the Petitioner: SRI GNANESWARA RAO MITTIREDDI Counsel for the Respondent No.1: GP FOR MUNCIPAL ADMN Counsel for the Respondent No.2:GP FOR FINANCE PLANNING Counsel for the Respondent Nos.3 & 4: SRI S.V.S.S.SIVARAM SC PLANNING executed by URBAN For Counsel for the Respondent No.5: GP FOR FINANCE AND The Court made the following order: % APHC010428362025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY.THE TWENTY EIGHTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 22342/2025 Between: R K Constructions ...PETITIONER AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.GNANESWARA RAO MITTIREDDI Counsel for the Respondent{S): 1.GP FOR MUNCIPAL ADMN URBAN DEV 2.GP FOR FINANCE PLANNING 3.S.V.$.S.SIVARAM SC For VMC The Court made the following: -2- W.P. No.22342 OF 2025 Date of order:28.08.2025 -9 THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No.22342 OF 709,*; ORDER 1. The learned counsel for the petitioner submits executed work as entrusted by the 3 submitted final bills. It is submitted that the that the petitioner has respondent-corporation and rd competent authority has also recorded the progress of work and certified the work in the M-Book. It is submitted that, in all. an amount of Rs.34.34,419/- is due and payable by the respondents to the petitioner. It is submitted that the bills were also uploaded in the CFMS Portal. However, coming. no amounts have been forth 2. Heard the submissions of the learned counsel for the petitioner, the learned Government Pleader for Municipal Administration and Urban Development: the learned Assistant Government Pleader for Planning, and the learned Standing Counsel corporation. Finance and for the respondent- 3. Considering the submissions, the respondents 2, 3 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/- G.HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Development Department A.P Secretariat Buildings, Amaravathi. Municipal Administration AND Urban Velagapudi, Finance Department, A.P Secretariat 2. The Principal Secretary Buildings Velagapudi, Amaravathi. 3. The Vijayawada Municipal Corporation, Rept. by its Commissioner Vijayawada NTR District. 4. The Executive Engineerl, O/o Municipal Corporation, Vijayawada. 5. The Pay and Accounts Officer, Work and Accounts Department, Vijayawada, NTR District. 6. One CO to Sri. Gnaneswara Rao Mittireddi, Advocate [OPUC] 7. Two CCs to GP For Muncipal Admn Urban Dev, High Court of Andhra Pradesh [OUT] 8. Two CCs to GP For Finance Planning, High Court of Andhra Pradesh [OUT] 9. One CC to Sri. S.V.S.S.Sivaram, SC For VMC Advocate [QPUC] 10. Two CD Copies. * • AL HIGH COURT TL DATED:28/08/2025 ORDER WP NO. 22342 OF 2025 (g 11 SEP 2025 Current S«iion^$ Toy f DISPOSING OF THE W.P. WITHOUT COSTS