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2025 DAILYLAW 30796 (AP)

M/S TRICUBE DEVELOPERS v. THE STATE OF ANDHRA PRADESH

WP/25353/2024 · 2025-07-23

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010445482024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N / WRIT PETITION NO: 25353 OF 2024 Between: M/s Tricube Developers, Rep. by its Proprietor L. Naveen Kumar, S/o. Venkatarao, Aged about 50 years, Hindu, Occ: Contractor (Civil), R/o. Eluru, West Godavari District. ...Petitioner AND 1. The State of Andhra Pradesh, Represented by Its Principal Secretary, MA and UD Department, Secretariat, Velagapudi, Amaravathi,Guntur Dist. 2. The State of Andhra Pradesh, Rep by its Principal Secretary, Finance and Planning Department, Secretariat, Velagapudi, Guntur District. 3. The District Collector, Eluru District, Eluru. 4. The Eluru Municipal Corporation, Rep. by its Commissioner, Eluru, Eluru Dist. 5. The Superintendent Engineer, Eluru Municipal Corporation, Eluru, Eluru District. 6. The Executive Engineer, Eluru Municipal Corporation, Eluru, Eluru 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 an appropriate writ, order or direction more particularly one in the nature of writ of mandamus declaring action of the respondents in not releasing the amounts payable to the petitioner due under agreement No. 110/2022-23, dt.20.02.2023 executed by the 6th respondent for ?10,00,000/- with regard to the work of renovation and construction of compound wall of Urdu Ghar (Reserve Police Line Mosjid), Ameenapeta, Eluru as illegal, arbitrary, unjust, discriminatory and also in violation of principles of natural justice and consequently direct the respondents to release the amount payable to the petitioner in the interest of justice. lA NO: 1 OF 2024 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 take immediate steps for release the payable to the petitioner due under agreement No. 110/2022-23, dt.20.02.2023 executed by the 6th respondent for f10,00,000/- with regard to the work of renovation and construction of compound wall of Urdu Ghar (Reserve Police Line Mosjid), Ameenapeta, Eluru in the interest of justice. Counsel for the Petitioner: SRI G L NAGESWAR RAO Counsel for the Respondent No.3: GP FOR REVENUE ^ Counsel for the Respondent Nos. 4 to 6: SRI A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) Counsel for the Respondent No.1: GP FOR MUNCIPAL ADMN AND URBAN DEV Counsel for the Respondent No.2: GP FOR FINANCE & PLANNING The Court made the following order: amounts 1 APHC010445482024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 25353/2024 Between; 1.M/S TRICUBE DEVELOPERS, REP. BY ITS PROPRIETOR NAVEEN KUMAR, S/0. VENKATARAO, AGED ABOUT 50 YEARS, HINDU, OCC CONTRACTOR (CIVIL) GODAVARI DISTRICT. L. R/0. ELURU, WEST ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, MA AND UD DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI,GUNTUR DIST. 2.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL FINANCE AND PLANNING DEPARTMENT, SECRETARY, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 3.THE DISTRICT COLLECTOR, ELURU DISTRICT, ELURU. 4.THE ELURU MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, ELURU, ELURU DIST. 5.THE SUPERINTENDENT ENGINEER, ELURU MUNICIPAL CORPORATION, ELURU, ELURU DISTRICT. 6.THE EXECUTIVE ENGINEER, ELURU MUNICIPAL CORPORATION, ELURU, ELURU DISTRICT. ...RESPONDENT(S): m 2 HN, J W.P.No.25353_2024 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 topleased to issue an appropriate writ, order or direction more particularly one in the nature of writ of mandamus declaraing action of the respondents in not releasing the amounts payable to the petitioner due under agreement No. 110/2022-23, dt.20.02.2023 executed by the 6th respondent for 10,00,000/- with regard to the work of renovation and construction of compound wall of Urdu Ghar (Reserve Police Line Mosjid), Ameenapeta, Eluru as illegal, arbitrary, unjust, discriminatory and also in violation of principles of natural justice and consequently direct the respondents to release the amount payable to the petitioner in the interest of justice and lA NO: 1 OF 2024 pass 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 pleased to direct the respondents to take immediate steps for release the amounts payable to the petitioner due under agreement No. 110/2022-23, dt.20.02.2023 executed by the 6’*'' respondent for 710,00,000/- with regard to the work of renovation and construction of compound wall of Urdu Ghar (Reserve Police Line Mosjid), Ameenapeta, Eluru in the interest of justice and pass Counsel for the Petitioner: 1.G L NAGESWAR RAO Counsel for the Respondent(S): 1.GP FOR REVENUE 2. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) 3.GP MUNCIPAL ADMN AND URBAN DEVAP 4.GP FOR FINANCE PLANNING 3 HN, J W.P.No.25353 2024 This Court made the following Order:- Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Finance and the learned Standing Counsel for the respondent-corporation. Learned counsel for the petitioner submits that the petitioner has 2. completed the works under Agreement No.110/2022-23, dated 20.02.2023 entrusted by the respondent-Corporation, and has submitted the final bills. Considering the submissions, the respondents 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 3. receipt of a copy of this order. Accordingly, this Writ Petition is disposed off There shall be no order as 4. to costs. As a sequel, miscellaneous petitions pending, if any, shall^stand closed. Sd/- K.J.RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// 0^' SECTION OFFICER To, 1. The Principal Secretary, MA and UD Department, Secretariat, Velagapudi, Amaravathi,Guntur Dist. 2. The Principal Secretary, Finance and Planning Department, Secretariat, Velagapudi, Guntur District. 3. The District Collector, Eluru District, Eluru. 4. The Commissioner, Eluru Municipal Corporation, Eluru, Eluru Dist. 5. The Superintendent Engineer, Eluru Municipal Corporation, Eluru District. Eluru, 6. The Executive Engineer, Eluru Muhicipal Corporation, Eluru, Eluru District. 7. One CC to Sri G L Nageswar Rao Advocate [OPUC] /’ 8. Two CCs to GP for Revenue High Court of Andhra Pradesh [OUT] 9. One CC to Sri A S C Bose (SC for Municipal Corporations) Advocate [OPUC] 10. Two CCs to GP for Muncipal Admn and Urban Dev, High Court of Andhra Pradesh [OUT] 11. Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh [OUT] 12. Two CD Copies / TF 9 HIGH COURT DATED:24/07/2025 ORDER WP NO. 25353 OF 2024 DISPOSING OF THE W.P., WITHOUT COSTS