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2025 DAILYLAW 31486 (AP)

M/S TPR INSTRUCTURES v. The State of Andhra Pradesh

WP/23429/2025 · 2025-09-02

Harinath N

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010455322025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY,THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 23429/2025 Between: 1. M/S TPR INSTRUCTURES, HAVING ITS OFFICE AT D.NO. 40/27 2-1, MUTHARASUPALLI, KADAPA, Y.S.R DISTRICT., REPRESENTED BY ITS MANAGING PARTNER, M.NIRANJAN REDDY, S/O. M. RAMACHANDRA REDDY, AGED ABOUT 33 YEARS, OCC. CONTRACTOR, RESIDENT OF D. VILLAGE, VONTIMITTA MANDAL, KADAPA, Y.S.R DISTRICT 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 3. THE KADAPA MUNICIPAL CORPORATION, REP BY ITS.. COMMISSIONER, KADAPA, Y.S.R DISTRICT. 4. THE EXECUTIVE ENGINEER, KADAPA MUNICIPAL CORPORATION, KADAPA, Y.S.R DISTRICT. 5. THE PAY AND ACCOUNTS OFFICER, WORKS ACCOUNTS, KADAPA, Y.S.R DISTRICT. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 23429/2025 M/S TPR INSTRUCTURES, HAVING ITS OFFICE AT D.NO. 40/27 1, MUTHARASUPALLI, KADAPA, Y.S.R DISTRICT., REPRESENTED BY ITS MANAGING PARTNER, M.NIRANJAN REDDY, S/O. M. RAMACHANDRA REDDY, AGED ABOUT 33 YEARS, OCC. CONTRACTOR, RESIDENT OF D.NO. 1/51, SALABAD VILLAGE, VONTIMITTA MANDAL, KADAPA, Y.S.R DISTRICT ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, GUNTUR DISTRICT. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. THE KADAPA MUNICIPAL CORPORATION, REP BY ITS.. COMMISSIONER, KADAPA, Y.S.R DISTRICT. E EXECUTIVE ENGINEER, KADAPA MUNICIPAL CORPORATION, KADAPA, Y.S.R DISTRICT. THE PAY AND ACCOUNTS OFFICER, WORKS ACCOUNTS, KADAPA, Y.S.R DISTRICT. IN THE HIGH COURT OF ANDHRA PRADESH [3457] M/S TPR INSTRUCTURES, HAVING ITS OFFICE AT D.NO. 40/27-23- 1, MUTHARASUPALLI, KADAPA, Y.S.R DISTRICT., REPRESENTED BY ITS MANAGING PARTNER, M.NIRANJAN REDDY, S/O. M. RAMACHANDRA REDDY, AGED ABOUT 33 NO. 1/51, SALABAD VILLAGE, VONTIMITTA MANDAL, KADAPA, Y.S.R DISTRICT ...PETITIONER THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, THE KADAPA MUNICIPAL CORPORATION, REP BY ITS.. E EXECUTIVE ENGINEER, KADAPA MUNICIPAL CORPORATION, THE PAY AND ACCOUNTS OFFICER, WORKS ACCOUNTS, 2 ...RESPONDENT(S): 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 the inaction of the respondents in releasing the net amounts of Rs. 14,93,749/- (Rupees Fourteen Lakhs Ninety Three Thousand Seven Hundred Fourty Nine only) under CFMS No.2023 - 26783 74, towards the work duly executed by me as arbitrary, illegal and well established legal principles apart from being violative ofthe fundamental and Constitutional rights guaranteed to me under Articles 14,19,21 and 3 00 -A ofthe Constitution of India and consequently direct the respondents pay the amount of Rs. 14,93,749/- (Rupees Fourteen Lakhs Ninety Three Thousand Seven Hundred Fourty Nine only) under CFMS No.2023-2678374 forthwith for all the works and pass such IA 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 may be pleased to direct the respondents to take necessary action for payment of an amount of Rs.14,93,749/- (Rupees Fourteen Lakhs Ninety Three Thousand Seven Hundred Fourty Nine only) under CFMS No.2023- 2678374, towards the work duly exeeutedby me which are admitted by the Respondents,pending disposal ofthe above Writ Petition and pass such Counsel for the Petitioner: 1. PAPUDIPPU SASHIDAR REDDY Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV 2. GP FOR FINANCE PLANNING The Court made the following: 3 Order: Learned counsel for the petitioner submits that the petitioner has executed works of Construction of CC Road from D.No.C-27-321 to 42/366-2 and 42/650-C to 42/968 and CC Road and CC Drain from D.No.42/435-11-3 to 42/435-6 at Bhagya Nagar Colony, 11th Division of Kadapa Municipal Corporation, as entrusted by the respondent-corporation and submitted final bills. It is submitted that the competent authority has also recorded the progress of work and certified the works in the M-Book. It is submitted that, in all, an amount of Rs.14,93,749/- is due and payable by the respondents to the petitioner. It is submitted that the bills were also uploaded in the CFMS Portal. However, no amounts have been forth coming. 2. Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Municipal Administration and Urban Development; the learned Assistant Government Pleader for Finance and Planning, and the learned Standing Counsel for the respondent-corporation. 3. 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 receipt of a copy of this order. 4. Accordingly, the Writ Petition is disposed off. No costs. 5. Pending miscellaneous petitions, if any, shall stand closed. _______________________ JUSTICE HARINATH.N Date : 03.09.2025 PNS 4