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2025 DAILYLAW 33445 (AP)

M/S RSR CONSTRUCTIONS v. THE STATE OF ANDHRA PRADESH

WP/25948/2024 · 2025-07-21

Harinath N

body2025

Judgment text

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\ APHC010501722024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI . (Special Original Jurisdiction) J 0;^ TUESDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 25948 OF 2024 Between; M/s RSR Constructions, Rep. by its Managing partner, R. Saadu Rao, S/o. Sanyasi Naidu, Aged 55 years, R/o. D.No.7-5-5/44 Apartment, Pandurangapuram, Visakhapatnam Flat No. 102, Abhinav ...Petitioner AND 1. The State of Andhra Pradesh, Municipal Administration and Secretariat, Amaravathi, Guntur District. 2. The Director of Municipal Administration, 3. The District Collector, Visakhapatnam. 4. The Grater Visakhapatnam Municipal Corporation Commissioner, Visakhapatnam. 5. The Chief Engineer, Grater Visakhapatnam Visakhapatnam. 6. The Executive Engineer-VA Corporation, Visakhapatnam. 7. The State of Andhra Pradesh, Rep. by its Principal Secretariat, Finance and Planning Department, Secretariat, Amaravathi, Rep. by its Principal Secretary, Urban Development Department Guntur, Guntur District. Rep. by its Municipal Corporation Grater Visakhapatnam Municipal Guntur District ...Respondents r Petition under Article 226 of the Constitution of India praying that in the - . Gii9umstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ of mandamus or any other appropriate writ direction declaring the action of the Respondents in withholding the undisputed bill amounts payable to the petitioner in respect of works i.e., 1) laying of CC roads and CC drains in Chakalipeta at Railway New Colony in ward No.42, (GGMP), 2) laying of CC roads from Siddhi Ganapathi temple to D.No.44-37- 25 at Srinivasa Nagar, TC Palem in Ward No.44 (GGMP), 3) Laying of CC road from Santhoshi Matha Temple, 0pp. Street, 44-15-107 to D.No.44-37-25 at Srinivasa Nagar, T.C. Palem in Ward No.44, Zone-V (A), (GVMC, GGMP), dt. 11.08.2023, 2) 454/2023-24/EE-V (A)/GVMC, 454/2023-24/EE-V (A), Dt. 16.12.2023 respectively, the bills as illegal arbitrary and contrary to the Principles of natural Justice and consequently direct the respondents to Undisputed bill amounts 1) Rs. 19,62,320/-, 2) Rs. 19,84,129/-, 3) Rs. 18,79,497/-, payable to the petitioner in respect of execution of afore mentioned works vide Agreement pay Nos. 1) 209/2023-24/E E-V(A), dt. 11.08.2023, 2) 454/2023-24/EE-V (A)/GVMC, Dt.16.12.2023, 3) 454/2023- 24/EE-V (A), Dt.16.12.2023, 4) 167/2023-24/EE-V (A)/GVMC, Dt. 19.07.2023 respectively 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. 1) Rs. 19,62,320/-, 2) Rs. 19,84,129/-, 3) Rs. 18,79,497/- payable to the petitioner in respect of works done i.e., 1) laying of CC roads and CC drains in Chakalipeta at roads from Railway New Colony in ward No.42, (GGMP), 2) laying of CC Siddhi Ganapathi temple to D.No.44-37-25 at Srinivasa Nagar, TC Palem in Ward No,44 (GGMP), 3) Laying of CC road from Santhoshi Matha Temple, 0pp. Street, 44-15-107 to D.No.44-37-25 at Srinivasa Nagar, T.C. Palem in Ward No.44, Zone-V (A), (GVMC, GGMP), vide Agreement Nos.1) 209/2023-24/EE- V(A), dt. 1-1.08.2023, 2) 454/2023-24/EE-V (A)/GVMC, Dt. 16.12.2023, 3) 454/2023-24/EE-V (A) Dt. 16.12.2023, 4)167/2023-24/E E-V (A)/GVMC, Dt. 19.07.2023 respectively pending disposal of the Writ Petition Counsel for the Petitioner: SRI C SUBODH Counsel for the Respondents No.1 to 3: GP FOR MUNCIPAL ADMN URBAN DEV Counsel for the Respondents No.4 to 6: SRI A S C BOSE Counsel for the Respondent No.7: GP FOR FINANCE AND PLANNING The Court made the following order: APHC010501722024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] I TUESDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 25948/2024 Between: 1.M/S RSR CONSTRUCTIONS, REP. BY ITS MANAGING PARTNER R. SAADU RAO, S/0. SANYASI NAIDU, AGED 55 YEARS, R/0. D.NO.7-5-5/44, FLAT NO. 102, ABHINAV APARTMENT, PANDURANGAPURAM, 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. 2 6, THE EXECUTIVE VISAKHAPATNAM VISAKHAPATNAM. ENGINEER MUNICIPAL VA, GRATER CORPORATION, 7.THE STATE OF ANDHRA PRADESH. REP. BY ITS PRINCIPAL SECRETAIT, FINANCE AND PLANNING DISTR^r^^' AMARAVATHI, GUNTUR ...RESPONDENT{S): Petition under Article 226 of the Constitution of India praying that ,n the circumstances stated in the affidavit filed therewith the High Court may be pieased topleased to issue a writ of mandamus or any other appropriate writ direction declaring the action of the Respondents in withholding the undisputed bill amounts payable to the petitioner in respect of works i.e,, 1) laying of CC roads and CC drams in Chakalipeta at Railway New (GGMP), 2) laying of CC roads from Colony in ward No.42, Siddhi Ganapathi temple to Matha Tempie, Opp ' at °-N°-44-37-25 at Srinivasa Nagar, T.C, Palem in Ward No.44, 2one-V (A), (GVMC, GGMP), dt.11 08 2023 2) 454/2023-24/EE-V (A)/GVMC, 454/2023-24/EE-V (A), Dt 16 12 2023 respectively, the bills v / ■ . Principles of natural respondents to pay undisputed bill Rs. 19.84.129/-. 3) Rs. 18,79.497/- , n i\i .44-: j-/ . I O / as illegal arbitrary and contrary to the Justice and consequently direct the amounts 1) Rs. 19,62,320/-, 2) f ■ payable to the petitioner in espect of execution of afore mentioned works vide Agreement dt.11.08.2023, 2) 454/2023-24/EE-V (A)/GVMC, Dt.16.12.2023, 3) 454/2023-24/EE-V (A) Dt 16 12 2023 4) 167/2023-24/EE-V (A)/GVMC. ' with interest @ 18 percent forthwith and pass Nos. Dt.19.07.2023 respectively along p.a. from the date of recording of bills 1A_NOMOF_2024 Petition under Section circumstances stated in the affidavit filed i 151 CPC praying that in the in support of the petition. 3 the High Court may be pleased pleased to direct the respondents to undisputed bill amounts i.e. 1) Rs. 19,62,320/-, 2) Rs.19,84,129/-, 3) Rs. 18,79,497/- payable to the petitioner in respect of works done i.e., 1) laying of CC roads and CC drains in Chakalipeta at roads from Railway New Colony in ward No.42, (GGMP), 2) laying of CC Siddhi Ganapathi temple to D.No.44-37-25 at Srinivasa Nagar, TC Palem in Ward No,44 (GGMP), 3) Laying of CC road from Santhoshi Matha Temple, 0pp. Street, 44-15-107 to D.No.44-37-25 at Srinivasa Nagar, T.C. Palem in Ward No.44, Zone- V (A), (GVMC, GGMP), vide Agreement Nos.1) 209/2023-24/EE- V(A), dt. 11.08.2023, 2) 454/2023-24/EE-V (A)/GVMC 16.12.2023, 3) 454/2023-24/EE-V (A) Dt.16.12.2023, 4)167/2023- 24/EE-V (A)/GVMC, Dt. 19.07.2023 respectively pending disposal of the Writ Petition and pass pay Dt. Counsel for the Petitioner: 1.C SUBODH Counsel for the Respurident(3): 1.GP FOR MUNCIPAL ADMN URBAN DEV The Court made the following: 4 the honourable SRI JUSTICE HARINATH.N WRIT PETITION NO: 25948 of 2024 oroeri \ The petitioner is aggrieved by the inaction on the part of the ondents in releasing the payment for the works executed. It is resp submitted that the final bills are also submitted, however the payments are yet to be released. 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. 2. 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 eight (08) weeks from the date of receipt of a copy of this order. 3. Accordingly, the Writ Petition is disposed of. There shall be order as to costs. 4. no 5 As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- B PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// / SECTION OFFICER To, 1. The Principal Secretary, State of Andhra Pradesh, Municipal Secretariat, Administration and Urban Development Department, Amaravathi, Guntur District. 2. The Director of Municipal Administration, Guntur, Guntur District. 3. The District Collector, Visakhapatnam. 4. The Commissioner, Grater Visakhapatnam Municipal Visakhapatnam. 5. The Chief Engineer. Grater \/isakhapatnam Visakhapatnam. 6. The Executive Engineer-VA Corporation, Visakhapatnam. 7. The Principal Secretariat, State of Andhra Planning Department, Secretariat, Amaravathi, 8. One CC to SRI C SUBODH Advocate [OPUC] 9. Two CCs to GP FOR MUNCIPAL ADMN URBAN Andhra Pradesh [OUT] 10. One CC to SRI A S C BOSE, Corporation [OPUC] 11 . Two CCs to GP FOR FINANCE AND PLANNING, Pradesh [OUT] 12. Two CD Copies Corporation, Municipal Corporation, Grater Visakhapatnam Municipal Pradesh, Finance and Guntur District DEV High Court of Standing Counsel for Municipal High Court of Andhra gsg HIGH COURT DATED: 22/07/2025 ORDER WP NO. 25948 OF 2024 I 15 SEP 2825 I Curreiil Seciion . DISPOSING THE WP WITHOUT COSTS