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2025 DAILYLAW 35576 (AP)

SWATHI CONSTRUCTIONS v. THE STATE OF AP

WP/29604/2024 · 2025-08-31

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

> APHC010568952024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 29604 OF 2024 Between: M/s. Swalhi Constructions, Contractor, Kadapa Rep. by its Managing Director, Shri Vemireddy Reddaiah, S/o Late Vemireddy Veera Reddy, 1/1848-10, Flat No. 203, Venkatadri Residence, 0pp. to PF Office, Yerramukkapalli, Kadapa, YSR District - 516004 ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary to and Urban Government, Department of Municipal Administration Development, Velagapudi, Guntur District. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Finance, Velagapudi, Guntur District. 3. The Collector and District Magistrate, Nandyal District 4. The Dhone Municipality, Rep. by its Commissioner, District. Dhone, Nandyal 5. District Public Health Engineering Officer, Nandyal. 6. Deputy Executive Engineer, Dhone Municipality, Dhone, Nandyal District. 7. Municipal Assistant Engineer, Dhone District Public Health Division Municipality, Dhone, Nandyal ...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 a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in non-payment of bill dues of Rs. 1,50,945/- (Rupees One Lakh Fifty Thousand Nine Hundred and Forty-Five Only) for the work executed under Agreement No.52/2023- 24/CMDF/E1, dated 16.10.2023, as illegal, arbitrary and violation of Art. 14, Art. 15, Art.19(1)(g), Art.21, Art.23 and Art.300A of the Constitution of India and consequently direct the respondents to pay the dues of Rs. 1,50,945/- for the work .Construction of CC Drain from H.No. 8-148-1-165-5 to Bharat Gas Office and culvert at Krishna Lodge in Dhone Municipality, under Chief Minister Development Fund (CMDF) funds 2022-23 and the said work is allocated to me under the Agreement No.52/2023-24/CMDF/E1 16.10.2023, along with 24% 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 bill dues of Rs. 1,50,945/- (Rupees One Lakh Fifty Thousand Nine Hundred and Forty-Five Only) for the work allocated under Agreement No.52/2023-24/CMDF/E1, dated 16.10.2023 expeditiously within 6 weeks pending final disposal of the Writ petition Counsel for the Petitioner: SRI L CHANDRA OBUL REDDY Counsel for the Respondents No.1: GP MUNCIPAL ADMN AND URBAN DEV AP Counsel for the Respondent No.2: GP FOR FINANCE AND PLANNING Counsel for the Respondents No.3, 5: GP FOR REVENUE Counsel for the Respondent No.4: SRI GUDAPATI LAKSHMINARAYANA SC For Municipalities in Rayalaseema Region The Court made the following order: dated K 1 APHC010568952024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE FIRST DAY OF SEPTEMBER TWO THOUSANDYVND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 29604/2024 Between: 1.SWATHI CONSTRUCTIONS, CONTRACTOR, KADAPA REP. BY ITS MANAGING DIRECTOR, SHRI VEMIREDDY REDDAIAH, S/0 LATE VEMIREDDY VEERA REDDY, 1/1848-10, FLAT NO. 203, VENKATADRI RESIDENCE, OPP. TO PF OFFICE, YERRAMUKKAPALLI, KADAPA, YSR DISTRICT - 516004 ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, VELAGAPUDI, GUNTUR DISTRICT. 2.THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE, VELAGAPUDI, GUNTUR DISTRICT. 3.THE COLLECTOR AND DISTRICT MAGISTRATE, NANDYAL DISTRICT 4.THE DHONE MUNICIPALITY, REP.BY ITS COMMISSIONER, DHONE, NANDYAL DISTRICT. 5.DISTRICT PUBLIC HEALTH^ ENGINEERING OFFICER, PUBLIC HEALTH DIVISION, NANDYAL. 6.DEPUTY EXECUTIVE ENGINEER, DHONE MUNICIPALITY, DHONE, NANDYAL DISTRICT. 7.MUNICIPAL ASSISTANT ENGINEER, DHONE MUNICIPALITY, DHONE, NANDYAL DISTRICT 'v^ 2 ...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 toleased to issue a Writ, Order or Direction, more particularly the nature of Writ of Mandamus, declaring the action of the respondents in non-payment of bill dues of Rs. 1,50,945/- (Rupees One Lakh Fifty Thousand Nine Hundred and Forty-Five Only) for the work executed under Agreement NO.52/2023-24/CMDF/E1, dated 16.10.2023, as illegal, arbitrary and violation of Art. 14, Art. 15, Art.19(1)(g), Art.21, Art.23 and Art.300A of the Constitution of India and consequently direct the respondents to pay the dues of Rs. 1,50,945/- for the work .Construction of CC Drain from H.No. 8-148-1-165-5 to Bharat Gas Office and culvert at Krishna Lodge in Dhone Municipality, under Chief Minister Development Fund (CMDF) funds 2022-23 and the said work is allocated to me under the Agreement No.52/2023-24/CMDF/E 1, dated 16.10.2023, along with 24percent interest till the date of payment and one in pas 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 pleased to direct the respondents to pay the bill dues of Rs. 1,50,945/- (Rupees One Lakh Fifty Thousand Nine Hundred and Forty-Five Only) for the work allocated under Agreement No.52/2023-24/CMDF/E1, dated 16.10.2023 expeditiously within 6 weeks pending final disposal of the Writ petition and pass Counsel for the Petitioner: 1. L CHANDRA OBUL REDDY Counsel for the Respondent(S): I.Gudapati Lakshminarayana SC For Municipalities in Rayalaseema Region 2.GP FOR REVENUE 3.GP MUNCIPAL ADMN AND URBAN DEVAP 4.GP FOR FINANCE PLANNING 3 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 29604 of 2024 ORDER: 1. Learned counsel for the petitioner submits that the petitioner has executed works as entrusted by the respondents and submitted final bills. It is submitted that the competent authority has also recorded the progress of work and certified the work in the M-Book. Though the work progress was recorded in the M-Book, no amounts have been forth coming. Heard the learned counsel, for the petitioner, the learned Assistant 2. Government Pleader for Municipal Administration and Urban Development, the learned Government Pleader for the Finance & Planning and the learned Standing Counsel. Considering the submissions, the concerned respondents are hereby directed to verify and release the payments due payable to the petitioner as expeditiously as possible preferably within a period of six (06) weeks from the 3. date of receipt of a copy of this order. Accordingly, the Writ Petition is disposed off. No costs. 4. As a sequel, miscellaneous applications, pendip^, if any, shall stand SDI- G. HELA NAIDU ASSISTANT REGfSTRAR closed. //TRUE COPY// (? SECTION OFFICER To, State of Andhra Pradesh, and Urban Development, Principal Secretary to Government, Department of Municipal Administration Velagapudi, Guntur District. Principal Secretary, State of Andhra Finance, Velagapudi, Guntur District. 1. The Pradesh, Department of 2. The 3. The Collector and District Magistrate, Nandyal District 4. The Commissioner, Dhone Municipality, Dhone, Nandyal District. 5. District Public Health Engineering Officer, Public Health Division, Nandyal. 6. Deputy Executive Engineer, Dhone Municipality, Dhone, Nandyal District. 7. Municipal Assistant Engineer, Dhone Municipality, Dhone, Nandyal District 8. One CC to SRI L CHANDRA OBUL REDDY Advocate [OPUC] 9. One CC to SRI GUDAPATI LAKSHMINARAYANA SC For Municipalities in Rayalaseema Region Advocate [OPUC] 10.Two CCs to GP FOR REVENUE High Court of Andhra Pradesh [OUT] 11 .Two CCs to GP FOR MUNCIPAL ADMN AND URBAN DEV, High Court of Andhra Pradesh [OUT] 12.TWO CCs to GP FOR FINANCE AND PLANNING High Court of Andhra Pradesh [OUT] 13.Two CD Copies gsg HIGH COURT DATED: 01/09/2025 ORDER WP NO. 29604 OF 2024 5 2IISEf2IB5 I ^ Current Section £espATCt!^-^ disposing the WP WITHOUT COSTS