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2025 DAILYLAW 3374 (AP)

M/S JMC CONSTRUCTIONS PVT LTD v. THE STATE OF ANDHRA PRADESH

WP/1520/2024 · 2025-03-10

Subba Reddy Satti

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Judgment text

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APHC010017182024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY ,THE TENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 1520/2024 Between: 1. M/S JMC CONSTRUCTIONS PVT LTD, REP. BY ITS AUTHORISED SIGNATORY D.SURESH KUMAR S/O S.DANIAL, AGE 40 YEARS, OCC SITE INCHARGE, R/O H.NO.27-972/1, TELECOM COLONY, CHITTOOR, CHITTOOR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY, ROADS AND BUILDINGS DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 2. THE ENGINEER IN CHIEF, R AND B, ADIRM. AND NDB, 5TH FLOOR. NEW HOD BUILDING, MG ROAD, LABBIPET, VIJAYAWADA, KRISHNA DISTRICT. 3. THE DISTRICT COLLECTOR, (R AND B DIVISION), PRAKASAM DISTRICT AT ONGOLE. 4. THE SUPERINTENDENT ENGINEERCUMPROJECT MANAGER, R AND B CIRCLE, ONGOLE, PRAKASAM DISTRICT. 5. THE EXECUTIVE ENGINEER, R AND B ONGOLE DIVISION, PRAKASAM DISTRICT. 6. THE EXECUTIVE ENGINEER, , R AND B MARKAPUR DIVISION, PRAKASAM DISTRICT. 7. TATEOF ANDHRA PRADESH, THE PRINCIPAL SECRETARY, FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. ...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 to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents in payment of Rs.l 1,06,79,845/- under M Book No.3502, dated 02-06-2023, for the works executed by the petitioner for (1) Widening and strengthening of Podili to Markapur road from KM 39/100 to KM 47/060 in Prakasam District (SH.297), (2) Widening and strengthening of Ollapalem to Vemulapadu road from KM 6/0 to KM 96/070 in Prakasam District (SF1.035), (3) Widening and strengthening of Podili to Vinukonda road from KM 19/800 to KM 21/900 in Prakasam District (SH.042), as illegal, arbitrary, violation of principles of natural justice, contrary to the Rules AND Regulations contemplated there under and consequently direct the respondents to pay an amount of Rs.11,06,79,845/- to tlie petitioner due under M Book No.3502, including quality control holding amounts along with interest from the date of completion of work till the realisation, 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 to direct the respondents to pay an amount of Rs.l1,06,79,845/- to the petitioner due under M Book No.3502 including quality control holding amounts along with interest from the date of completion of work till the realisation, pending disposal of the writ petition and pass IA NO: 2 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 permit the petitioner to amend the nature of work in respect of 1st work as "(1) Widening and strengthening of Markapur - Dornala road from KM.7.849 to 13.468 iin Prakasam District" instead of "(1) Widening and strengthening of Podili to Markapur road from KM 39/100 to KM 47/060 in Prakasam District (SH.297)", where its come in the Writ Petition & Affidavit in WP.No.l520 of 2024, and pass Counsel for the Petitioner: 1. K V L NARASIMHA RAO Counsel for the Respondent(S): 1. GP FOR ROADS BUILDINGS (AP) 2. GP FOR FINANCE PLANNING (AP) The Court made the following: :: ORDER :: Learned counsel for the petitioner seeks permission to withdraw the present writ petition. Permission is accorded. Accordingly, this Writ Petition is dismissed as withdrawn. No order as to costs. Miscellaneous petitions, if any pending, in this case, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 10.03.2025 TVN 197 HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.1520 OF 2024 Date: 10.03.2025 TVN