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2025 DAILYLAW 34209 (AP)

MARUTHI CONSTRUCTIONS v. THE STATE OF AP

WP/27402/2024 · 2025-06-29

Nyapathy Vijay

body2025

Judgment text

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APHC010525052024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] MONDAY,THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 27402/2024 Between: 1. MARUTHI CONSTRUCTIONS, REP BY ITS MANAGING PARTNER, B. TRIVIKRAM, S/O.BRK MURTHY, AGED ABOUT 50 YEARS, OCC CONTRACTOR, R/O. D.NO.54-14/1- 9/5, BHARATHI NAGAR, VIJAYAWADA, KRISHNA DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, VADDESWARAM, MANGALAGIRI BYPASS, GUNTUR, ANDHRA PRADESH. 3. THE MACHILIPATNAM MUNICIPAL CORPORATION, REP.BY ITS COMMISSIONER, VIJAYAWADA, KRISHNA DISTRICT. 4. THE DISTRICT COLLECTOR, KRISHNA DISTRICT. 5. THE MUNICIPAL ENGINEER, MACHILIPATNAM MUNICIPAL CORPORATION, KRISHNA DISTRICT. 2 6. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1. SURESH KUMAR REDDY KALAVA Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP 2. GP FOR FINANCE PLANNING The Court made the following: 3 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO.27402 of 2024 ORDER: 1. The present Writ Petition is filed questioning the action of the Respondent authorities in not releasing the amount of Rs.43,18,000/- due to the Petitioner even after finalizing the bills in relation to work vide Agreement No.20/APHCL/2022-23, dated 10.08.2022, as illegal and arbitrary. 2. At the time of hearing, learned Standing Counsel for the Respondent-Corporation passed on the written instructions signed by the Commissioner, Machilipatnam Municipal Corporation, dated 28.03.2025, wherein the execution of work by the Petitioner and payment due to the Petitioner were not disputed and it was stated in the instructions that the work bills will be made soon after receipt of necessary grant from the A.P. State Housing Corporation Limited (SPSHCL), as the grant has to be released by them and the amount due to the Petitioner will be paid without any further delay after release of the general funds. 4 3. 4 3. As there is no dispute regarding the execution of work and the amount due to the Petitioner, the Writ Petition is disposed of, at the stage of admission, with the consent of both sides counsel, with the following direction; (i) The Respondent authorities are directed to pay the amount due to the Petitioner within a period of four (4) months from today; (ii) No order as to costs. 4. As a sequel, pending applications, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 30.06.2025 IS 5 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO.27402 of 2024 Date: 30.06.2025 IS