M/s Swathi Constructions, v. The State of Andhra Pradesh
WP/30192/2024 · 2025-08-31
Harinath N
body2025
DailyLaw.ai
[ 2025 DAILYLAW 35896 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 35896 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Xk APHC010579572024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) r- -4v: 0ft MONDAY, THE FIRST DAY OF SEPTEMBER TWO THOUSANDAND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 30192 OF 2024 Between: M/s Swathi Constructions, 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 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. Dhone Municipality, Rep. by its the Commissioner Dhone, Nandyal District. 5. The Superintending Engineer, Public Health Circle, Anantapuramu. 6. Deputy Executive Engineer, Dhone Municipality, Dhone, Nandyal District. 7. Municipal Assistant Engineer, Dhone Municipality, Dhone, Nandyal District to
4 ...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. 27,82,937/- (Rupees Twenty-Seven Lakh Eighty-Two Thousand Nine Flundred and Thirty-Seven Only) for the work executed under Agreement No. 147/2023-24/DMF Funds/El, dated 13-03-2024 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 bill dues of Rs. 27,82,937/- for the work Construction of CC Drain from New RTC Bus Stand to Disposal Point near Govt. ITI College in Ward No. 32 in Dhone Town in Nandyal District and the said work is allocated to me under the Agreement No. 147/2023-24/DMF Funds/El, dated 13-03-2024, 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.
27,82,937/- (Rupees Twenty-Seven Lakh Eighty-Two Thousand Nine Hundred and Thirty-Seven Only) for the work executed under Agreement No. 147/2023-24/DMF Funds/El, dated 13-03-2024 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, 3: GP FOR MUNCIPAL ADMN URBAN DEV Counsel for the Respondent No.2: GP FOR FINANCE AND PLANNING Counsel for the Respondent No.4: SRI GUDAPATI LAKSHMINARAYANA SC For Municipalities in Rayalaseema Region The Court made the following order:
1 APHC010579572024 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: 30192/2024 r." Kjrr^ [3457] -k: Between; 1.M/S SWATHl CONSTRUCTIONS DIRECTOR, SHRI VEMIREDDY REDDAIAH, S/0 LATE VEMIREDDY VEERA REDDY, 1/1848-10, FLAT NO. 203, RESIDENCE, OPP. TO PF OFFICE, YERRAMUKKAPALLI, KADAPA YSR DISTRICT - 516004 REP. BY ITS MANAGING j) VENKATADRI ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF MUNICIPAL URBAN DEVELOPMENT, VELAGAPUDI, ADMINISTRATION AND 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.DHONE MUNICIPALITY, REP. BY ITS THE COMMISSIONER DHONE, NANDYAL DISTRICT. 5.THE SUPERINTENDING ENGINEER, PUBLIC HEALTH CIRCLE, ANANTAPURAMU. 6. DEPUTY EXECUTIVE ENGINEER, DHONE MUNICIPALITY, DHONE, NANDYAL DISTRICT. 7.MUNICIPAL ASSISTANT ENGINEER, DHONE MUNICIPALITY, DHONE. NANDYAL DISTRICT
2 m ...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 a Writ.
Order or Direction, particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in non-payment of bill dues of Rs. 27,82,937/- (Rupees Twenty- Seven Lakh Eighty-Two Thousand Nine Flundred and Thirty-Seven Only) for the work executed under Agreement No. 147/2023- 24/DMF Funds/El, dated 13-03-2024 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 bill dues of Rs. 27,82,937/- for the work Construction of CC Drain from New RTC Bus Stand to Disposal Point near Govt. ITI College in Ward No. 32 in Dhone Town in Nandyal District and the said work is allocated to me under the Agreement No. 147/2023-24/DMF Funds/El, dated 13-03-2024, along with 24percent interest till the date of payment and pass such lA NO: 1 OF 2024 more 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 be pleased to direct the respondents to pay the bill dues of Rs. Twenty-Seven Lakh Eighty-Two Thousand Nine may 27,82,937/- (Rupees Hundred and Thirty-Seven Only) for the work executed under Agreement No. 147/2023-24/DMF Funds/El, dated 13-03-2024 expeditiously within 6 weeks pending final disposal of the Writ petition and pass such Counsel for the Petitioner;
1.L CHANDRA OBUL REDDY Counsel for the Respondent(S):
1.GP FOR MUNCIPAL ADMN URBAN DEV 2.Gudapati Lakshminarayana SC For Municipalities in Rayalaseema Region 3.GP FOR FINANCE PLANNING
3 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 30192 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.
2. Heard the
learned counsel for the petitioner, the learned Assistant 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
3. 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 off. No costs. As a sequel, miscellaneous applications, pending, i|^any, shall stand Sd/- G HELA NAIDU assistant R^^STRAR closed. //true copy// SECTION OFFICER To, of Andhra Pradesh, Urban Development, Pradesh, Depertment of 1 The Principal Secretary to Government, State ' Department of Municipal Administration and , rptctaTs^r- Of Andhra
3. -ndva, District.
i;';
4. The Commissioner, Dhone Municipality, Dhone, Nandyal District.
5. The Superintending Engineer, Public Health Circle, Anantapuramu.
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. Two CCs to GP FOR MUNCIPAL ADMN URBAN DEV High Court Andhra Pradesh [OUT]
10. One CC to SRI GUDAPATI LAKSHM INARAYANA Municipalities in Rayalaseema Region Advocate [OPUC]
11. Two CCs to GP FOR FINANCE AND PLANNING High Court of Andhra Pradesh [OUT]
12. Two CD Copies of SC For gsg
HIGH COURT DATED: 01/09/2025
ORDER WP NO. 30192 OF 2024 , ^ 2 2 SEP 2025 rc^ NsCuiTWit Sectijji.^v' 3^ DISPOSING THE WP WITHOUT COSTS