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2025 DAILYLAW 33891 (AP)

BSCPL Infrastructure Limited, v. The State of Andhra Pradesh,

WP/31598/2022 · 2025-03-05

Subba Reddy Satti

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010516332022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY ,THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 31598/2022 Between: 1. BSCPL INFRASTRUCTURE LIMITED,, HAVING ITS OFFICE AT 8-2- 502/1/A, JIVI TOWERS, ROAD NO.7, BANJARA HILLS, HYDERABAD, REP. BY ITS PROJECT IN-CHARGE N. KALYAN, S/O. VIJAYA KUMAR, AGED 41 YEARS, PRESENTLY RESIDING AT CHILAKALURIPETA BY-PASS ROAD, SY.NO.179/B AND 196/B, BOPPUDI VILLAGE, CHILAKALURIPETA, GUNTUR DISTRICT- 522626. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI VILLAGE, TULLUR MANDAL, GUNTUR DISTRICT. 2. THE AMARAVATI DEVELOPMENT CORPORATION LIMITED, REP. BY ITS CHAIRMAN AND MANAGING DIRECTOR, ITS OFFICE SITUATED AT 20-4-15, FLAT NO.1G, ANAND HEIGHTS, KEDARESWARAPET, BESIDE PRABHAS COLLEGE, VIJAYAWADA- 520 003 KRISHNA DISTRICT. 3. THE CHIEF ENGINEER, THE AMARAVATI DEVELOPMENT CORPORATION LIMITED, ITS OFFICE SITUATED AT 20-4-15, FLAT NO.1G, ANAND HEIGHTS, KEDARESWARAPET, BESIDE PRABHAS COLLEGE, VIJAYAWADA-520003, KRISHNA DISTRICT. 2 4. LEA ASSOCIALES SOUTH ASIA PRIVATE LIMITED, C/O. SRINIVASAN 2ND AND 3RD FLOOR, DOOR NO. 3-10, RAMALAYAM ROAD, VELAGAPUDI, TULLUR MANDAL, GUNTUR DISTRICT 522 530 5. THE A P CAPITAL REGION DEVELOPMENT AUTHORITY KARL MARX ROAD, LENIN CENTRE, GOVERNORPET, VIJAYAWADA, KRISHNA DISTRICT, REP. BY ITS COMMISSIONER 6. THE PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI VILLAGE, TULLUR MANDAL, GUNTUR DISTRICT. ...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 pleased to issue a Writ or order more particularly one in the nature of Writ of Mandamus declaring the action of the 2hd respondent in not releasing the approved and undisputed Inierirn Payments based on the Interim Payment Certificates (IPC) i.e., IPC Nos.16, 17 and 18, to net amount payable for Rs.1,42,18,288/-, Rs.2,13,34,980/- and Rs.2,88,19,973/- respectively, totaling an amount of Rs.6,43,73,241/- after the statutory deductions, approved by the 4th respondent (the Project Manager) from 27.08.2019 to 31.05.2020 with interest 8percent P.A. being illegal, arbitrary, against the terms of the Contract and violation of Art.14 and 19 (1)(g) of the Constitution of India and consequently direct the respondents to release the approved and undisputed Interim Payments based on the Interim Payment Certificates (IPC) i.e., IPC Nos.16, 17 and 18, to net amount payable for Rs.1,42,18,288/-, Rs. 2,13,34,980/- and Rs. 2,13,34,980/- and Rs. 2,88,19,973/- respectively, totalling an amount of Rs.6,43,73,241/- after the statutory deductions, approved by the 4th respondent ( the Project Manager) from 27.08.2019 to 31.05.2020 with interest 8percent P.A., till the date of payment and pass IA NO: 1 OF 2022 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 release the approved and undisputed Interim Payments based on the Interim Payment Certificates (IPC) i.e., IPC Nos.16, 17 and 18, to net amount payable for Rs.1,42,18,288/-, Rs.2,13,34,980/- and Rs.2,88,19,973/- respectively, totaling an amount of Rs.6,43,73,241/- after the statutory deductions, approved by the 4th respondent ("the Project Manager") 3 from 27.08.2019 to 31.05.2020 with interest 8percent P.A., till the date of payment pending the above writ petition and pass Counsel for the Petitioner: 1. PRABHU NATH VASIREDDY Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING 2. GP FOR MUNCIPAL ADMN URBAN DEV The Court made the following: ::ORDER:: In pursuance of letter dated 25.02.2025 addressed to the Registrar (Judicial), learned counsel for the petitioner seeks permission to withdraw the present writ petition. 2. Permission is accorded. 3. 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 Dated: 05.03.2025 SNI 4 143 HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.31598 OF 2022 Dated: 05.03.2025 SNI