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2025 DAILYLAW 31583 (AP)

M/S KANAKA MAHALAKSHMI ASSOCIATES v. THE GREATER VISAKHAPATNAM MUNICIPAL CORPORATION

WP/24275/2024 · 2025-07-28

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010461642024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE TWENTY NINETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 24275/2024 Between: 1. M/S KANAKA MAHALAKSHMI ASSOCIATES, REPRESENTED BY ITS MANAGING PARTNER SRI MADETI VENU GOPALA KURMA RAO, S/O. MADETI SIMHACHALAM, AGED 50 YEARS, R/O.D.N0.45-47- 43/7, MADETI GARDENS, NEAR SAI BRUNDAVAN SCHOOL, AKKAYYAPALEM, VISAKHAPATNAM (URBAN), VISAKHAPATNAM, ANDHRA PRADESH, 530016. 2. M. PARVATHIAMMA, W/O M. SIMHACHALAM, AGED 70 YEARS, (PARTNER M/S. KANAKA MAHALAKSHMI ASSOCIATES) R/O.D.NO.45-47-43/7, MADETI GARDENS, NEAR SAI BRUNDAVAN SCHOOL, AKKAYYAPALEM, VISAKHAPATNAM (URBAN), VISAKHAPATNAM, ANDHRA PRADESH, 530016. ...PETITIONER(S) AND 1. THE GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, REPRESENTED BY ITS COMMISSIONER, G.V.M.C. 2. THE DISTRICT COLLECTOR AND THE EXECUTIVE MAGISTRATE, VISAKHAPATNAM DISTRICT, OFFICE OF DISTRICT COLLECTOR, KRISHNA NAGAR, MAHARANI PETA, VISAKHAPATNAM, ANDHRA PRADESH - 530002 3. G V W V/ V S W S DEPARTMENT, REPRESENTED BY ITS COMMISSIONER/DIRECTOR OF GRAMA VOLUNTEERS, WARD VOLUNTEERS / GRAMA SACHIVALAYAM, WARD SACHIVALAYAM DEPARTMENT GOVERNMENT OF ANDHRA PRADESH, API 1C COLONY, JAWAHAR AUTONAGAR - VIJAYAWADA - 520007, ANDHRA PRADESH. 4. THE STATE AUDIT DEPARTMENT, REPRESENTED BY ITS DIRECTOR OF STATE AUDIT, GOVERNMENT OF ANDHRA PRADESH, NIDHI BHAVAN, MANGALAGARI, GUNTUR DISTRICT, ANDHRA PRADESH. 5. THE STATE REPRESENTED BY ITS SPECIAL CHIEF SECRETARY TO GOVERNMENT, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, A.P SECRETARIATE, VELAGAPUDI, AMARAVATI. 6. THE STATE REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE AND PLANNING DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, A.P SECRETARIATE, VELAGAPUDI, AMARAVATI. ...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 tomay be pleased to issue a Writ of Mandamus declaring the action of the respondents for having not paid work bills to a tune of Rs.34,86,011/- due to the firm on account of the works executed under the Gadapa Gadapaku Mana Prabhuvam programme causing financial loss and hardship to the Petitioner firm in Violation of norms of works contract as illegal arbitrary and Breach of Contract and therefore direct the respondents to clear the funds and make payments of work bills of Rs.34,86,011/- together with interest accrued there on and pass IA 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 may be pleased to direct the respondents to consider the submissions made in this Writ Petition towards payment of work bills amounting Rs.34,86,011/- and to comply with the contract by way of payment of dues towards the works executed under the GGMP programme and pass Counsel for the Petitioner(S): 1. B.UMA MAHESWARA RAO Counsel for the Respondent(S): 1. 2. GP FOR FINANCE PLANNING 3. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following Order: Learned counsel for the petitioners submits that the petitioners have completed the works entrusted by the 1st respondent-Corporation and submitted final bills. It is submitted that, in all, an amount of Rs.34,86,011/- is due payable to the petitioners. However, amounts have not been paid. Aggrieved by the same, the present Writ Petition is filed. 2. Heard the learned counsel for the petitioners; the learned Assistant Government Pleader for Municipal Administration and Urban Development, for the respondents 2, 3 and 5; the learned Assistant Government Pleader for Finance and Planning, for the respondents 4 and 6 and the learned Standing Counsel for 1st respondent. 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 eight (8) weeks from the date of receipt of a copy of this order. 4. Accordingly, the Writ Petition is disposed of. No costs. 5. Pending miscellaneous petitions, if any, shall stand closed. ______________________ JUSTICE HARINATH.N Date : 29.07.2025 BMS