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2025 DAILYLAW 32957 (AP)

M/S Power Solutions, v. State of Andhra Pradesh,

WP/25515/2024 · 2025-07-15

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010489822024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE SIXTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 25515/2024 Between: 1. M/S POWER SOLUTIONS,, PROP- KOLUKULURI VISWANADHAM, S/O. NAGESWARA RAO AGED ABOUT 42 YEARS, VILLA NO.4, ARTECUBATIC,SAINAGAR,MORAMPUDI(RURAL), EAST GODAVARI DISTRICT-53310 ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, MUNICIPAL ADMINISTRATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, THULLUR MANDAL, GUNTUR DISTRICT. 2. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, THULLUR MANDAL, GUNTUR DISTRICT. 3. THE DIRECTOR OF WORKS AND ACCOUNT OFFICER, 1ST FLOOR, NIDHI BHAVAN, BEHIND APIIC BUILDING IT PARK, MANGALAGIRI, GUNTUR DISTRICT. 4. THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, PRIME HILL CREST, 4TH FLOOR, NEAR DGP OFFICE, BESIDE ULTRATECH READY MIX PLANT, VADDESWARAM VILLAGE, MANAGALAGIRI, GUNTUR DISTRICT. 5. THE KAKINADA MUNICIPAL CORPORATION, REP.BY ITS COMMISSIONER, KAKINADA, KAKINADA DISTRICT. 6. THE EXECUTIVE ENGINEER, KAKINADA MUNICIPAL CORPORATION KAKINADA, KAKINADA DISTRICT 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 tomay be pleased to issue a Writ, Order, or Direction more particularly one in the nature of WRIT OF MANDAMUS or any other appropriate writ or direction declaring the action of the respondents in not releasing the final bill amount of Rs.33,78,523/- even after finalizing the bills, payable to the petitioner in relation to the works i.e., 1) Rs. 7,37,034/-, vide Aggrement No. 201/2021-2022, dated 08.10.2021 in M. Book.No. 51/19-20 for the work of Providing New park lighting to RR nagar at 2nd Division, 2) Rs. 7,31,501/-, vide Aggrement No. 202/2021-2022, dated 08.10.2021 in M. Book.No. 298/21-22 for the work of Providing One side Lighting to both sides Sambamurthy Nagar Railway Flyover in 13th Division, 3) Rs. 7,20,096/- vide Aggrement No. 181/2021-2022, dated 18.09.2021 in M. Book.No. 299/21-22 for the work of Providing one side lighting and Mini High Mast poles to various streets in 15 th division, 4) Rs. 6,98,256/- vide Aggrement No. 312/EE2/2021- 2022 in M. Book.No 300/21-22 for the work of Providing 7.5 Mtrs Mini Highmast Poles with 100W Led Lights at various places in 44th Division and 5) Rs. 4,91,636/- vide Aggrement No. 182/2021-2022, dated 18.09.2021 in M. Book.No. 301/21-22 for the work of Providing 7.5 Mtrs Mini Highmast Poles with 100W Led Lights at various places in 11th Division for the various works in Kakinada Municipal Corporation through the Agreements as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondent authorities to release the pending bills of Rs.33,78,523/- along with interest of @12percent for the pending bills forthwith for the above said works executed by the petitioner and pas 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 respondents to consider for pending bills of Rs.33,78,523/- for the works executed by the petitioner in Kakinada Municipal Corporation through the Agreements forthwith, pending disposal of the main Writ Petition and pass Counsel for the Petitioner: 1. ANNAMNEEDI BALAKRISHNA Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV 2. KRISHNA RAO M 3. GP FOR FINANCE PLANNING 3 The Court made the following Order: Learned counsel for the petitioner submits that the petitioner has completed the works entrusted by the 5th respondent as per Agreement Nos.201/2021-2022, dated 08.10.2021; 202/2021-2022, dated 08.10.2021; 181/2021-2022, dated 18.09.2021; 312/EE2/2021-2022 and 301/2021-2022, dated 18.09.2021 and submitted final bills. The work was also endorsed by the competent authority and completed satisfactorily. However, amounts have not been paid. 2. Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Municipal Administration and Urban Development, for respondents 1 and 4, the learned Assistant Government Pleader for Finance and Planning, for respondents 2 and 3 and the learned Standing Counsel for respondents 5 and 6. 3. Considering the submissions, the respondents 4 and 5 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 : 16.07.2025 BMS