Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 2996 (AP)

FIBRES INDIA v. THE STATE OF AP

WP/839/2025 · 2025-07-20

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010010282025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 839 OF 2025 Between: M/s. Fibres India, Rep., by its Proprietor, Godavarti Bhaskar Rao S/o G. Satyanarayana, Aged about 59 years, Occ; Business, R/o D.No. 2-189, A.P. Trayam, Kakinada, East Godavari District B. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by Principal Secretary, Municipal Secretariat Buildings, Velagapudi, Administration Department Amaravathi. 2. Samalkot Municipality, Samalkot, Godavari District. 3. The Municipal Assistant Engineer, Samalkot Municipality Godavari District 4. The Deputy Executive Engineer, Samalkot Municipality, East Godavari District Rep.by its Commissioner East East 5. The State of Andhra Pradesh, Rep. by its Principal Secretary. Planning, Secretariat Buildings, Department of Finance and 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, the High Court may be pleased to issue a writ or order or direction more particularly one in the nature of VVRIT OF MANDAMUS declaring the action of the respondents herein in not paying the interest to an amount of Rs.22,24,371/- for the execution of the works i.e., “1) Providing Open Gym Equipment at Indira Colony para in 15th ward under SCSP (2018-19), vide Agreement No. 109/2018-19, 28.12.2018, 2) Providing Open Gym Equipment at Brownpeta para in 2nd ward under SCSP (2018-19), vide Agreement No. 114/2018-19 28.12.2018 and 3) Providing Open Gym Equipment at Open Place Near Community Toilets in 11**^ ward under SCSP (2018-19), vide Agreement No. 115/2018-19, Dt. 28.12.2018” from the date of presentation of bills is questioned as the same is contrary to the Order of this Hon'ble Courts Dt. Dt. Division Bench in W.A.No.724/2021and batch, Dt. 12.10.2023 and violative of Articles 14, 21 of The Constitution of India and consequently direct the respondents to pay the interest @ 6% per annum for the execution of the above said works on the admitted bill amount from the date when the bills were submitted by the petitioner till the date of final payment 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 respondents to pay the interest @ 6% per annum to an amount of Rs.22,24,371/- for the execution of the works i.e., “1) Providing Open Gym Equipment at Indira Colony para in 15th ward under SCSP (2018-19), vide Agreement No. 109/2018-19, Dt. 28.12.2018, 2) Providing Open Gym Equipment at Brownpeta para in 2nd ward under SCSP (2018-19), vide Agreement No. 114/2018-19, Dt. 28.12.2018 and 3) Providing Open Gym Equipment at Open Place Near Community Toilets in 11th ward under SCSP (2018-19), vide Agreement No. 115/2018-19, Dt. 28.12.2018” on the admitted bill amount from the date when the bills were submitted by the petitioner till r'"- the date of final payment, batch, Dt. 12.10.2023, pending disposal of the Writ pursuant to the orders in W.A.No.724/2021 & Petition. REDDY KALAVA Counsel for the Respondent No.1: GP FOR MUNCIPAL ADMN Counsel for the Petitioner: SRI SURESH KUMAR URBAN DEV Counsel for the Respondent Nos. 2 to 4: SMT. SIREESHA RANI VALLABHANENI (SC FOR MUNICIPALITIES) Counsel for the Respondent No.5: GP FOR FINANCE PLANNING The Court made the following order: APHC010010282025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 839/2025 Between: 1.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 GODAVARI DISTRICT KAKINADA, EAST ...PETITIONER AND 1.THE STATE OF AP, REP. BY PRINCIPAL SECRETARY ADMINISTRATION DEPARTMENT VELAGAPUDI, AMARAVATHI. 2.SAMALKOT MUNICIPALITY, SAMALKOT, COMMISSIONER, EAST GODAVARI DISTRICT. MUNICIPAL ASSISTANT ENGINEER, MUNICIPALITY, EAST GODAVARI DISTRICT 4.THE DEPUTY EXECUTIVE ENGINEER, SAMALKOT MUNICIPALITY EAST GODAVARI DISTRICT MUNICIPAL SECRETARIAT BUILDINGS, REP.BY ITS 3.THE SAMALKOT 5.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. ...RESPONDENT(S): 2 a 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 f 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. The learned counsel for the petitioner submits that the petitioner has completed the works i.e., 1) providing open Gym Equipment at Indira Colony para in 15*^ ward under SCSP (2018-19), vide Agreement No. 109/2018-19, dt. 28.12.2018, 2) providing open Gym Equipment at Brownpeta para in 2 ward under SCSP (2018-19), vide Agreement No.114/2018-19, dt.28.12.2018 and 3) providing open Gym Equipment at open place near Community Toilets in ward under SCSP (2018-19), vide Agreement No. 115/2018-19, dt.28.12.2018, entrusted by the respondent-Corporation and submitted the final bills. nd 3. It is submitted that a total amount of Rs.22,24,371/- is due and payable by the respondent-Corporation to the petitioner on account of the completion of the aforesaid works. However, the said amount has not been paid. 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 no order as to costs. 4 4 As a sequel, miscellaneous petitions pending, if any, shall stand closed. SD/- N. NAGAMMA ASSISTANT REGISTRAR ^ //TRUE COPY// jV % SECTION OFFICER To, 1. The Principal Secretary, Municipal Administration Secretariat Buildings, Velagapudi, Amaravathi. 2. The Commissioner, Samalkot Municipality, Samalkot, East Godavari District. 3. The Municipal Assistant Engineer Godavari District 4. The Deputy Executive Engineer, Samaikot Municipality District 5. The Principal Secretary, Department Secretariat Buildings. Velagapudi, Amaravathi 6. One CC to Sri Suresh Kumar Reddy Kalava Advocate 7. Two CCs to GP for Muncipal Admn Urban Pradesh [OUT] 8. One CC to Smt. Sireesha Rani Vallabhaneni, Municipalities Advocate [OPUC] 9. Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh [OUT] 10. Two CD Copies Department, Samalkot Municipality, East East Godavari of Finance and Planning, , Guntur District. [OPUC] Dev High Court of Andhra Standing Counsel For TF HIGH COURT DATED:21/07/2025 ORDER WP NO. 839 OF 2025 5 n 1 AUG ?n75 ^ . Current section . ^ 69, DISPOSING OF THE W.P., WITHOUT COSTS