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High Court of Andhra Pradesh · body

2025 DAILYLAW 31676 (AP)

M/s Vigneswara Constructions, v. THE STATE OF ANDHRA PRADESH

WP/23492/2025 · 2025-09-03

Harinath N

body2025

Judgment text

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m APHC010463282025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI fSpeeial Original Jurisdiction) THURSDAY, THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 23492 OF 9()9Fi Between: M/s. Vigneswara Constructions, Rep by its Managing Partner, Reddy, S/o. V. Ramamjaneya Reddy, Aged 45 years, R/o. D.No.25/27 Sanjeeva Nagar, Nandyala, Kurnool District. V. Suresh ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Municipal Administration And Urban Development Department Building, Velagapudi, Amaravathi, Guntur. Secretariat 2. The Yerraguntia Nagara Panchayat Municipality, Rep. by its Commissioner, Kadapa District 3. The State of Andhra Pradesh, Rep. by its Principal Secretary Department of Finance and Planning Velagapudi, Amaravathi, Guntur District. Secretariat Buildings, ...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 order or orders, direction or directions. Writ or Writs particularly one in the nature Writ of Mandamous or any appropriate writ declare the action of the respondents in not refunding the deposited amounts as deposited at the time of contract, as security to under take the works, even completing the observation period amounting to. Rs. 2,69,482/- (Rupees two ^ Lakhs Sixty Nine Thousand Four Hundred and Eighty Two only) to the petitioner with interest, till the date of refund from the date of completion of respective observation periods, as illegal, arbitrary violation of principles of natural justice and violative of Article 14, 19(i)(g), 21 of the Constitution of , India, consequently direct the respondents to release and repay the deposited amounts for the above works immediately with interest of 12%. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to release the amount of Rs. 2,69,482/- (Rupees two Lakhs Sixty Nine Thousand Four Hundred and Eighty Two only) towards payment of deposited amounts for the contract works under atken by the petitioner long back, pending disposal of main WP No. of 2025.-^ Counsel for the Petitioner: SRi DEVASRi ROSHAN KANCHARLA Counsel for the Respondent No.1 : GP FOR MUNICIPAL ADMN & URBAN DEVELOPMENT Counsel for the Respondent No.2 : SRI G. LAKSHMI NARAYANA, SC FOR MUNICIPALITY Counsel for the Respondent No.3:GP FOR FINANCE AND PLANNING The Court made the following order: ' %— 1 APHC010463282025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 23492/2025 Between: 1.M/S VIGNESWARA CONSTRUCTIONS,, REP BY ITS MANAGING PARTNER, V SURESH REDDY, S/0 V RAMAMJANEYA REDDY, AGED 45 YEARS, R/0 D.NO.25/27, NANDYALA, KURNOOL DISTRICT. SANJEEVA NAGAR, ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL URBAN SECRETARIAT BUILDING, SECRETARY, DEVELOPMENT DEPARTMENT, VELAGAPUDI, AMARAVATHI, GUNTUR. MUNICIPAL ADMINISTRATION AND 2.THE YERRAGUNTIA NAGARA PANCHAYAT MUNICIPALITY. REP. BY. ITS COMMISSIONER, KADAPA DISTRICT 3.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL PLANNING, SECRETARY SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. DEPARTMENT OF FINANCE AND ...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 order or orders, direction or directions. Writ or Writs particularly one in the nature Writ of Mandamous or any appropriate writ declare the action of the respondents in not refunding the 2 deposited amounts as deposited at the time of contract, as security to under take the works, even completing the observation period amounting to. Rs. 2,69,482/- (Rupees two Lakhs Sixty Nine Thousand Four Hundred and Eighty Two only) to the petitioner with interest, till the date of refund from the date of completion of respective observation periods, as illegal, arbitrary violation of principles of natural justice and violative of Article 14, 19(i)(g), 21 of the Constitution of India, consequently direct the respondents to release and repay the deposited amounts for the above works immediately with interest of 12percent and to pass such 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 may be pfeased to direct the respondents to release the amount of Rs. 2,69,482/- (Rupees two Lakhs Sixty Nine Thousand Four Hundred and Eighty Two only) towards payment of deposited amounts for the contract works under taken by the petitioner long back, pending disposal of main WP No. of 2025 and to pass such Counsel for the Petitioner: 1.DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S): 1.GP FORMUNCIPALADMN URBAN DEV 2.GP FOR FINANCE PLANNING 3 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 23492 of 2025 ORDER: Learned counsel for the petitioner submits that the petitioner has executed works as entrusted by the respondents and submitted final bills. It is submitted 1. that the competent authority has also recorded the progress of work and certified the work in the M-Book. Though the work progress was recorded in the M-Book, no amounts have been forth coming. Heard the learned counsel for the petitioner, the learned Assistant 2. Government Pleader for Municipal Administration and Urban Development, the learned Government Pleader for the Finance & Planning and the learned Standing Counsel. Considering the submissions, the concerned respondents are hereby directed to verify and release the payments due payable to the petitioner as expeditiously as possible preferably within a period of four (04) weeks from the date of receipt of a copy of this order. Accordingly, the Writ Petition is disposed off. No costs. As a sequel, miscellaneous applications, pending, if any, shall stand 3. 4. closed. Sd/- K KASIRAO ACHARl ASSISTANT REGISTRAR //TRUE COPY// 7^ SECTION OFFICER To, 1. The Principal Secretary, Development Department, State of Andhra Pradesh, Secretariat Building, Velagapudi, Amaravathi, Guntur. 2. The Commissioner, Yerraguntia Nagara panchayat Municipality, Kadapa District. Municipal Administration And Urban <W 3. The Principal Secretary Department of Finance and Planning, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Guntur District. 4. One CC to Sri Devasri Roshan Kancharla, Advocate [OPUC] 5. Two CCs to GP for Municipal Admn & Urban Development, High Court of Andhra Pradesh [OUT] 6. Two CCs to GP for Finance and Planning, High Court of Andhra Pradesh [OUT] 7. One CC to Sri G. Lakshmi Narayana, SC for Municipality (OPUC) 8. Two CD Copies Amaravathi Cnr HIGH COURT DATED:04/09/2025 ORDER WP NO. 23492 OF 2025 2» SFf 2025 ar m %^ . Current Section ^' DISPOSING OF THE W.P. WITHOUT COSTS