Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 35089 (AP)

M/s. Sri Rama Lingeswara Constructions v. THE STATE OF ANDHRA PRADESH

WP/28494/2024 · 2025-07-21

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

I APHC010549072024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [^0 0r TUESDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 28494 OF 2024 Between: M/s. Sri Rama Lingeswara Constructions, D. No. 10-1-392/2, Opp College, Surendra Nagar, Badvel, Badvel Mandal, YSR Kadapa District Rep by its Managing Partner Sri P Malleswara Reddy, S/o. Narayana Reddy BVR ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Government, Municipal Administration and Urban Department Secretariat, Velagapudi, Amaravati, Guntur District. 2. The State of Andhra Pradesh, Rep. by its Special Chief Secretary, Finance Department, A.P. Secretariat, Velagapudi, Amaravati, Guntur District. 3. The Pulivendula Municipality, Rep by its Commissioner Badvel, YSR Kadapa District 4. The Municipal Engineer, Badvel Municipality District 5. The Assistant Engineer, Pulivendula Municipality Kadapa District 6. The Superintending Engineer, Ananthapuramu District. 7. The Executive Engineer, Public Health, Kadapa YSR Kadapa District. to Development Badvel, YSR Kadapa Pulivendula, YSR Public Health, Ananthapuramu 8. The Assistant Pay and Accounts Officer, Works Accounts, Pulivendula YSR Kadapa District ...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 an appropriate writ, order or direction preferably a Writ in the nature of Mandamus declaring the action of the Respondents in not paying the admitted Gross amount of Rs. 15,33,073.00/- due to the petitioner in respect of the works under “L.S. Agreement No.36/2023-24, dated.29.01.2024 entered by the Respondent No. 3 to 4 with the petitioner, as illegal, arbitrary, unjust, unfair and violative of Article 14 of the Constitution of India and consequently direct the Respondents to pay the admitted Gross amount of Rs. 15,33,073.00/- due to the petitioner together with interest till the date of payment. 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 the admitted Gross amount of Rs. Rs. 15,33,073.00/- due to the petitioner in respect of the works under “L.S. Agreement No.36/2023-24, dated.29.01.2024 entered by the Respondent No. 3 to 4 with the petitioner together with interest pending disposal of the above writ petition. Counsel for the Petitioner: SRI M SIVA KUMAR Counsel for the Respondent No.1: GP MUNCIPAL ADMN AND URBAN DEV Counsel for the Respondent Nos. 2 & 8: GP FOR FINANCE & PLANNING Counsel for the Respondent Nos. 3, 4 & 5: SRI G LAKSHMI NARAYANA (SC FOR MUNICIPALITIES) Counsel for the Respondent Nos. 6 & 7: GP FOR MEDICAL HEALTH The Court made the following order: APHC010549072024 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: 28494/2024 Between: 1.M/S. SRI RAMA LINGESWARA CONSTRUCTIONS, D. NO. 10-1- 392/2, OPP BVR COLLEGE, SURENDRA NAGAR, BADVEL, BADVEL MANDAL, YSR KADAPA DISTRICT REP BY ITS MANAGING PARTNER SRI P MALLESWARA REDDY, S/0. NARAYANA REDDY ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIEF SECRETARY, FINANCE DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3.THE PULIVENDULA MUNICIPALITY, REP BY ITS COMMISSIONER BADVEL, YSR KADAPA DISTRICT 4.THE MUNICIPAL ENGINEER, BADVEL MUNICIPALITY, BADVEL, YSR KADAPA DISTRICT 5.THE ASSISTANT ENGINEER, PULIVENDULA MUNICIPALITY, PULIVENDULA, YSR KADAPA DISTRICT 2 6.THE SUPERINTENDING ENGINEER, PUBLIC HEALTH ANANTHAPURAMU ANANTHAPURAMU DISTRICT. 7.THE EXECUTIVE ENGINEER, PUBLIC HEALTH, KADAPA YSR KADAPA DISTRICT. 8.THE ASSISTANT PAY AND ACCOUNTS OFFICER, WORKS ACCOUNTS, PULIVENDULA YSR KADAPA 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 tomay be pleased to issue an appropriate writ, order or direction preferably a Writ in the nature of Mandamus declaring the action of the Respondents in not paying the admitted Gross amount of Rs. 15,33,073.00/- due to the petitioner in respect of the works under L.S. Agreement No.36/2023-24, dated.29.01.2024 entered by the Respondent No. 3 to 4 with the petitioner, as illegal, arbitrary, unjust, unfair and violative of Article 14 of the Constitution of India and consequently direct the Respondents to pay the admitted Gross amount of Rs. 15,33,073.00/- due to the petitioner together with interest till the date of payment 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 the admitted Gross amount of Rs. Rs. 15,33,073.00/- due to the petitioner in respect of the works under “L.S. Agreement No.36/2023-24, dated.29.01.2024 entered by the Respondent No. 3 to 4 with the petitioner together with interest pending disposal of the above writ petition and pas such Counsel for the Petitioner: 1.M SIVA KUMAR Counsel for the Respondent(S); 1. GP MUNCIPAL ADMN AND URBAN DEV AP 2.GP FOR FINANCE PLANNING This Court made the following: 3 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 28494 of 2024 ORDER: Learned counsel for the petitioner submits that the petitioner has completed the work under “L.S.Agreement No.36/2023-24 dated 29.01.2024 entered by the respondent Nos.3 and 4 with the petitioner and submitted the final bills. However, amounts have not been paid to the petitioner. Aggrieved by the same, the present Writ Petition is filed. 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. 3. 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. 4 Accordingly, the Writ Petition is disposed of. There shall be no 4. order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- SHAIK MOHD. RAFi ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary to Government, Municipal Administration and Urban Development Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Special Chief Secretary, Finance Department, A.P. Secretariat, Velagapudi, Amaravati, Guntur District. 3. The Commissioner, Pulivendula Municipality, Badvel, YSR Kadapa District 4. The Municipal Engineer, Badvel Municipality, Badvel, YSR Kadapa District 5. The Assistant Engineer, Pulivendula Municipality, Pulivendula, YSR Kadapa District 6. The Superintending Engineer, Public Health, Ananthapuramu Ananthapuramu District. 7. The Executive Engineer, Public Health, Kadapa YSR Kadapa District. 8. The Assistant Pay and Accounts Officer, Works Accounts, Pulivendula YSR Kadapa District 9. One CC to Sri M Siva Kumar, Advocate [OPUC] 10. One CC to Sri G Lakshmi Narayana (SC for Municipalities), Advocate [OPUC] 11. Two CCs to GP for Muncipal Admn and Urban Dev, High Court of Andhra Pradesh [OUT] 12. Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh [OUT] 13. Two CCs to GPfor Medical Health, High Court of Andhra Pradesh [OUT] 14. Two CD Copies TF HIGH COURT DATED:22/07/2025 3 1 JUL 20?5 Current Section ORDER WP NO. 28494 OF 2024 X *9, DISPOSING OF THE W.P., WITHOUT COSTS