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2025 DAILYLAW 33061 (AP)

M/s. Amulya Constructions, v. The State of Andhra Pradesh,

WP/25576/2024 · 2025-07-21

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010492592024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 25576 OF 2024 Between: M/s. Amulya Constructions, Rep. by its Proprietor R. Radha, W/o. Rambabu, Aged about 39 years, R/o.D.No.39-9-130, Tenneti Nagar, Murali Nagar, Visakhapatnam. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and Secretariat, Amaravathi, Guntur District. 2. The Director of Municipal Administration, Guntur, Guntur District. 3. The District Collector, Visakhapatnam. 4. The Grater Visakhapatnam Municipal Corporation, Rep. by its Commissioner, Visakhapatnam. 5. The Chief Engineer, Grater Visakhapatnam Municipal Corporation, Visakhapatnam. 6. The Executive Engineer-VA, Corporation, Visakhapatnam. 7. The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance and Planning Department, Secretariat, Amaravathi, Guntur District Urban Development Department Grater Visakhapatnam Municipal ...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 a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents in withholding the undisputed bill amounts payable to the petitioner in respect of work i.e., Laying of CC drains and culverts near Door No.39-24-39/1 to Sri Balaji Marketing Agency at Vamsi Nagar, in ward No.50 (GGMP 106288) vide Agreement No. 146/2023- 24/DB/EE-VA, Dt. 18.12.2023 even after finalizing the bills as illegal arbitrary and contrary to the Principles of natural justice and consequently direct the respondents to pay undisputed bill amounts of Rs.6,79,189/- payable to the petitioner in respect of execution of afore mentioned work vide Agreement No. 146/2023-24/DB/EE-VA, Dt. 18.12.2023 along with interest @ 18% p.a. from the date of recording of bills forthwith. lA 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 to direct the respondents to pay undisputed bill amounts i.e. Rs.6,79,189/-, payable to the petitioner in respect of work done i.e.. Laying of CC drains and culverts near Door No.39-24-39/1 to Sri Balaji Marketing Agency at Vamsi Nagar, in ward No.50 (GGMP 106288) vide Agreement No. 146/2023- 24/DB/EE-VA, Dt. 18.12.2023 pending disposal of the Writ Petition. Counsel for the Petitioner; SRI C SUBODH Counsel for the Respondent Nos. 1 & 2: GP FOR MUNCIPAL ADMN URBAN DEV Counsel for the Respondent No.3: GP FOR REVENUE Counsel for the Respondent Nos. 4 to 6: SRI J DILEEP KUMAR Counsel for the Respondent No.7: GP FOR FINANCE & PLANNING The Court made the following order: APHC010492592024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 25576/2024 Between: 1.M/S. AMULYA CONSTRUCTIONS,, REP. BY ITS PROPRIETOR R. RADHA, W/O. RAMBABU, AGED ABOUT 39 YEARS, R/O.D.NO.39-9-130,TENNETI NAGAR, MURALI NAGAR, VISAKHAPATNAM. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT. 2.THE DIRECTOR OF MUNICIPAL ADMINISTRATION, GUNTUR, GUNTUR DISTRICT. 3.THE DISTRICT COLLECTOR, VISAKHAPATNAM. 4.THE GRATER VISAKHAPATNAM MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, VISAKHAPATNAM. 5.THE CHIEF ENGINEER, GRATER VISAKHAPATNAM MUNICIPAL CORPORATION, VISAKHAPATNAM. 6.THE EXECUTIVE ENGINEER VA, GRATER VISAKHAPATNAM MUNICIPAL CORPORATION, VISAKHAPATNAM. 2 7.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY. FINANCE AND PLANNING DEPARTMENT SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT ...RESPONDENT{S): Petition under Article 226 of the Constitution of India the circumstances stated praying that in in the affidavit filed therewith, the High Court may be pleased tomay be pleased to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents in withholding the undisputed bill amounts payable to the petitioner in respect of work i.e.. Laying of CC drains and culverts ^ No.39-24- 39/1 to Sri Balaji Marketing Agency at Vamsi Nagar, in ward No.50 (GGMP 106288) vide Agreement No.146/2023-24/DB/EE-VA pt.18.12.2023 even after finalizing the bills as illegal arbitrary and contrary to the Principles of natural justice and consequently direct the respondents to pay undisputed bill amounts of Rs.6,79,189/- payable to the petitioner in respect of execution of afore mentioned work along with interest @ 18 percent p.a. from the date of recording of bills forthwith and pass such lA 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 pay undisputed bill amounts i.e. Rs.6,79.189/-, payable to the petitioner in respect of work done i.e.. Laying of CC drains and culverts near Door No.39-24-39/1 to Sri Balaji Marketing Agency at Vamsi Nagar, in ward No.50 (GGMP 106288) vide Agreement No.146/2023-24/DB/EE-VA, disposal of the Writ Petition and pass such Dt. 18.12.2023 pending Counsel for the Petitioner: 1. C.SUBODH Counsel for the Respondent(S): 1.GP FOR MUNCIPAL ADMN URBAN DEV 2.GP FOR REVENUE 3.J DILEEP KUMAR 4.GP FOR FINANCE PLANNING The Court made the following: 3 N©» THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 25576 of 2024 ORDER: \ The petitioner is aggrieved by the inaction on the part of the respondents in releasing the payment for the works executed. It is submitted that the final bills are also submitted, however the payments are yet to be released. 2. Heard learned counsel for the petitioner, learned Assistant , Government Pleader for Municipal Administration and Urban Development, learned Assistant Government Pleader for Finance and Planning and learned Standing Counsel for Municipal Corporation. Considering the submissions, the concerned respondent is hereby directed to verify and release the payment 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. 3. 4. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. m As a sequel, miscellaneous petitions pending, if any, shall stand closed. SD/- K. KASI RAO ACHARI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Municipal Administration and Urban Development Department, Secretariat, Amaravathi, Guntur District. 2. The Director of Municipal Administration, Guntur, Guntur District. 3. The District Collector, Visakhapatnam. 4. The Commissioner, Grater Visakhapatnam Municipal Corporation, Visakhapatnam. 5. The Chief Engineer, Grater Visakhapatnam Municipal Corporation, Visakhapatnam. 6. The Executive Engineer-VA, Corporation, Visakhapatnam. 7. The Principal Secretary Secretariat, Amaravathi, Guntur District 8. One CC to Sri C Subodh, Advocate [OPUC] 9. Two CCs to GP for Muncipal Admn Urban Dev, High Court of Andhra Pradesh [OUT] 10. Two CCs to GP for Revenue, High Court of Andhra Pradesh 11. One CC to Sri J Dileep Kumar, Advocate [OPUC] 12. Two CCs to GP for Finance & Planning, High Court of Andhra [OUT] 13. Two CD Copies Grater Visakhapatnam Municipal Finance and Planning Department, [OUT] Pradesh TF HIGH COURT DATED:22/07/2025 ORDER WP NO. 25576 OF 2024 ss =E( 12 AUG 2025 O' Co? iKmy*y DISPOSING OF THE W.P., WITHOUT COSTS