Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 31208 (AP)

M/S GSK ESTRUCTURAL INDIA PVT LTD v. The State of Andhra Pradesh

WP/23993/2025 · 2025-09-08

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010456792025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 23993 OF 2025 Between: M/s. GSK Estructural India Pvt. Ltd., Rept. by its Proprietor G. Anil Kumar, S/o Ram Mohan Rao, aged about 44 years, Occu Contractor, Flat No 304, Sai Balaram Residency, Sr Nagar Colony, Backside, Vijayawada Urban, Vijayawada, NTR District, Andhra Pradesh. Benz Circle, Jyothi Mahal ...Petitioner AND 1. The State of Andhra Pradesh, Rep. By its Principal Secretary, Municipal Administration & 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 Engineer-Ill, 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 and final admitted bills for a net amount of Rs.7,91,016/-, even after 1 finalizing the bill payable to the petitioner in relation to the work i.e “Providing BT road with hot mix process to 7, 7a Sri Sai Raghava towers road in Electricity colony in 11*^ division vide agreement No. 340/2017-18 119352/2017, EE3- dt.23.03.2018 and Revised Supplemental Agreement No.657/2018-19 dt.05.02.2019”, is questioned, as the same is illegal and arbitrary and consequently direct the respondents to consider payments of the a net total an amount of Rs.7,91,016/-, with interest @ 12% per annum for the delayed amount to the petitioner in respect of the execution of above mentioned work forthwith. Final admitted Bills for lA NO: 1 OF 2n?.4 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 1stb and final admitted bill works executed by amount of Rs.7,91,016/- lakhs with interest at 12% for the the petitioner forthwith, pending disposal of the Writ petition. Counsel for the Petitioner: SRI GNANESWARA RAO Counsel for the Respondent No.1: GP FOR MUNICIPAL MITTIREDDI ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent Nos.2 & 5:GP FOR FINANCE Counsel for the Respondent Nos.3 & 4: PLANNING SRI S.V.S.S.SIVA RAM, SC FOR VMC The Court made the following order: APHC010456792025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 23993/2025 Between: ...PETITIONER M/s Gsk Estructural India Pvt Ltd 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 MUNCIPAL ADMN AND URBAN DEVAP 2.GP FOR FINANCE PLANNING The Court made the following: 2 W.P. No.23993 OF 2025 Date of order:09.09.2025 V. THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No.23993 OF 2025 ORDER of the learned counsel for the petitioner, the Pleader for Municipal Administration & Urban learned standing counsel for the Corporation, the 1. Heard the submissions learned Government Development, the learned Assistant Government Pleader for Finance and Planning, learned counsel for the petitioner submits that the petitioner has entrusted by the S'"* respondent corporation and the 2. The executed works as 2019 and submitted final bills. It is submitted endorsed by the competent authority and of work and certified the work in the M- amount of Rs.7,91,016/- is due and the petitioner. Though the work same was completed by that the final bill was also also recorded the progress Book. It is submitted that, in ail, an payable by the respondents to was recorded in the M-Book and the bills approved, no progress amounts have been forth coming. counsel for the S'"* respondent submits that the presently pending before the Finance respondent herein and that the payment due to the 3. The learned standing budget release order is Department, the 2 nd petitioner would be made forthwith upon such release, of the learned counsel for the petitioner 4. Considering the submission that the work has been completed in the year 2019 and awaiting direction to respondents 2, 3 and payment since then, there shall be a release the payments due payable to the petitioner as 4 to verify and 3 W.P. NO.23993OF 2025 Date of order:09.09.2025 expeditiously as possible preferably within a period of four (04) weeks from the date of receipt of a copy of this order. 5. Accordingly, the writ petition is disposed of. No costs. 6. Pending miscellaneous petitions, if any, shall stand closed. SD/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// 0 SECTION OFFICER To, 1. The Principal Secretary, Municipal Administration & Urban Development Department, State of Andhra Pradesh, A.P Secretariat Buildings, Velagapudi, Amaravathi. 2. The Principal Secretary, Finance Department, State of Andhra Pradesh, A.P Secretariat Buildings, Velagapudi, Amaravathi. 3. The Commissioner, Vijayawada Municipal Corporation, Vijayawada, NTR District. .< -<4 * 4. The Executive Engineer-Ill, O/o Municipal Corporation, Vijayawada. 5. The Pay and Accounts Officer, Work and Accounts Department Vijayawada, NTR District. 6. One CC to Sri Gnaneswara Rao Mittireddi, Advocate [OPUC] 7. One CC to Sri S.V.S.S.Siva Ram, SC for VMC[OPUC] 8. Two CCs to GP for Municipal Administration and Urban Development High Court of Andhra Pradesh. [OUT] 9. Two CCs to Pradesh [OUT] 10. Two CD Copies. GP for Finance and Planning, High Court of Andhra ssb <* HIGH COURT DATED:09/09/2025 ORDER WP No. 23993 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS