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2025 DAILYLAW 2991 (AP)

M/S FIBRES INDIA v. THE STATE OF ANDHRA PRADESH

WP/841/2025 · 2025-07-17

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

V APHC010010292025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) Vi FRIDAY,THE EIGHTEENTH DAY OF JULY A TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 841 OF 9091; .VM I. 10 U I 1/ Between: M/s. Fibres India, Rep. by its Proprietor, Satyanarayana Aged about 59 Trayam, Kakinada, East Godavarti District Godavarti Bhaskar Rao S/o G. B. years, Occ Business, R/o D.No. 2-189, A.P. ...PETITIONER AND 1- The State Of Andhra Pradesh, Administration Department, Amaravathi. 2. Samalkot Municipality, Samalkot, Godavari District. 3. The Municipal Assistant Godavati District Rep. by Principal Secretary, Municipal Secretariat Buildings, Velagapudi, Rep. by its Commissioner, East Engineer, Samalkot Municipality, East 4. The Deputy Executive Engineer, Samalkot District 5. The State of Andhra Pradesh Municipality, East Godavari Rep. by its Principal Secretary Department of Finance & Planning, Secretariat Buildings, Velagapudi Amaravathi, Guntur District. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith pleased to issue the High Court may be a writ or direction or order particularly one In the nature of WRIT OF MANDAMUS declaring the action of the respondents herein in not paying the interest to an amount of Rs.20,23,572/- for the execution of the works i.e., “1) Providing Digital Library in Brownpeta in 2"'^ at Community Hall in Ambedkar Park Ward under SCSP (2018-19) vide Agreement No.110/2018-19, Dt. 28,12.2018, 2)Providing Open Gym Equipment Pasuvulamma Slum In S'" Ward under SCSP (2018-19) vide Agreement 117/2018-19, Dt. 28.12.2018 and 3)Providing Digital at No. Library at Community Hall back side of Alluri Sifharama Raju Park in 14*^ ward under SCSP (2018- 19) vide Agreement No. 112/2018-19, Dt. 28.12.2018” from the date of as the same is contrary to the Order of this in W.A.No.724/2021 & batch, Dt. 12.10.2023 presentation of bills is questioned Hon’ble Court's Division Bench i and violative of Articles 14, 21 of direct the respondents to The Constitution of India and consequently pay the interest @ 6% per annum for the execution of the above said works on the admitted bill amount from the date bills were submitted by the petitioner till the date when the of final payment forthwith. lA NO: 1 OF Petition under Section 151 CPC in the affidavit filed i direct respondents to Rs.20,23,572/- for the praying that in the circumstances stated in support of the petition, the High Court may be pleased to pay the interest @ 6% per annum to an amount of execution of the works i.e., “1) Providing Digital Library at Community Hall in Ambedkar Park in Brownpeta in 2"- Ward under SCSP (2018-19) vide No.110/2018-19, 28.12.2018, 2)Providing Open Gym Equipment at Pasuvulamma Slum in S'” Ward under SCSP Agreement Dt (2018-19) vide Agreement No. 117/2018-19, Dt. 28.12.2018 and 3)Providing Digital Library at Community Hall back side of Alluri Sitharama Raju Park 14TH ward under SCSP (2018-19) Dt.28.12.2018 in vide Agreement No. 112/2018-19, on the admitted bill amount from the date when the bills were submitted by the petitioner till the orders in W.A.No.724/2021 86 batch, Writ Petition. Counsel for the Petitioner; SRI SURESH Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT M/s. SIREESHA RANI VALLABHANENI, SC FOR MUNICIPALITIES Counsel for the Respondent No.5:GP FOR FINANCE The Court made the following order: date of final payment, pursuant to the Dt. 12.10.2023, pending disposal of the KUMAR REDDY KALAVA Counsel for the Respondent Nos.2 to 4: AND PLANNING APHC010010292025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] 01" FRIDAY,THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 841/2025 Between: 1.M/S FIBRES INDIA, REP., BY ITS PROPRIETOR, GODAVARTI BHASKAR RAO S/0 G. B. SATYANARAYANA AGED ABOUT 59 YEARS, OCC BUSINESS, R/0 D.NO. 2-189, A.P. TRAYAM, KAKINADA, EAST GODAVARTI DISTRICT ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 2.SAMALKOT MUNICIPALITY, SAMALKOT, COMMISSIONER, EAST GODAVARI DISTRICT. 3.THE MUNICIPAL ASSISTANT ENGINEER, SAMALKOT MUNICIPALITY, EAST GODAVARTI DISTRICT 4.THE DEPUTY EXECUTIVE ENGINEER, SAMALKOT MUNICIPALITY, EAST GODAVARTI DISTRICT 5.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. REP.BY ITS ...RESPONDENT(S): 2 Counsel for the Petitioner: 1.SURESH KUMAR REDDY KALAVA Counsel for the Respondent(S): 1. GP FOR MUNCiPAL ADMN URBAN DEV 2.GP FOR FINANCE PLANNING The Court made the following: 3 Order:- Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Finance and the learned Standing Counsel for the respondent-corporation. 2. Learned counsel for the petitioner submits that the petitioner has completed the works of (1) Providing Digital Library at Community Hall i Ambedkar Park in Brownpeta in 2 in nd Ward under SCSP (2018-19) vide Agreement No.110/2018-19, Dt. 28.12.2018, (2) Providing Open Gym Equipment at Pasuvulamma Slum in Ward under SCSP (2018-19) vide Agreement No.117/2018-19 Dt. 28.12.2018, and (3) Providing Digital Library at Community Hall back side of Alluri Sitharama Raju Park in 14‘^ ward under SCSP (2018-19) vide Agreement No.112/2018-19, Dt. 28.12.2018 , entrusted by the 2"^^ respondent-Corporation, and submitted the final bills. 3. It is submitted that a total amount of Rs. 20,23,572/- is due and payable by the 2'"'' respondent-corporation to the petitioner on account of the completion of the aforesaid works. However, the said amount has not been paid. 4. Considering the submissions, there shall be a direction to the respondents to verify and release the payments as expeditiously as possible preferably within a period of six (06) weeks from the date of receipt of a copy of this order. 4 5. Accordingly, this Writ Petition is disposed off. There shall be to costs. no order as I As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- B PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// ^ECTIOlfeFFICER To, 1 ■ The Principal Secretary, Municipal Administration Andhra Pradesh, Secretariat Buildings, Velagapud 2. The Commissioner, Samalkot Municipality, Samalkot, East Godavari District. 3. The Municipal Assistant Engineer, Samalkot Municipality Godavari District 4. The Deputy Executive Engineer, Samalkot District a. The Principal Secretary, Department Andhra Pradesh. Secretariat Guntur District. Department, State of i, Amaravathi. East Municipality, East Godavari of Finance& Planning, State of Buildings, Velagapudi, Amaravathi, 6. One CC to Sri Suresh Kumar Reddy Kalava 7. One . Advocate [OPUC] Rani Vallabhaneni, CC to M/s. Sireesha SC for Municipaljties[OPUC] 8. Two CCs to GP for Municipal Administration and Urban Development High Court of Andhra Pradesh. [OUT] 9. Two CCs to GP for Finance and Planning, High Court of Andhra Pradesh [OUT] 10. Two CD Copies. ssb HIGH COURT DATED:18/07/2025 ORDER WP No.841 OF 2025 disposing of the w.p. without costs