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2025 DAILYLAW 36039 (AP)

M VIJAYA KUMAR REDDY v. THE STATE OF ANDHRA PRADESH

WP/30855/2024 · 2025-04-17

Subba Reddy Satti

body2025

Judgment text

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APHC010585132024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY ,THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 30855/2024 Between: 1. M VIJAYA KUMAR REDDY, S/O. M. MUNI REDDY, AGED ABOUT 55 YEARS, OCC CONTRACTOR, D.NO. 9-98, RAJA STREET, NIMMANAPALLI, (V AND M), IN ANNAMAYYA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, EDUCATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. VICE CHAIRMAN AND MANAGING DIRECTOR, ANDHRA PRADESH EDUCATION AND WELFARE INFRASTRUCTURE DEVELOPMENT CORPORATION, D.NO 7-96, SRI SAI FORTUNE HEIGHTS, VADDESWARAM, VILLAGE, TADEPALLE, 522502 3. THE SUPERINTENDING ENGINEER, ANDHRA PRADESH EDUCATION AND WELFARE INFRASTRUCTURE DEVELOPMENT CORPORATION, KADAPA, KADAPA DISTRICT. 4. THE EXECUTIVE ENGINEER, ANDHRA PRADESH EDUCATION AND WELFARE INFRASTRUCTURE DEVELOPMENT CORPORATION, CHITTOOR, CHITTOOR DISTRICT. 5. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, 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 issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents in withholding the payment of 2nd and part Bill amount of Gross Rs. 33,75,436/- in Net amount of Rs. 32,48,743/- and 3rd and final Bill amount of Gross Rs. 43,58,038.53/- in Net amount of Rs.39,04,236.53/- then totally and amount of Gross Rs.77,33,474.53/- and Net amount of Rs.71,52,979.53/-even after finalizing the bills, payable to the petitioner in relation to the work i.e., Augmentation of MJPAPBCWRSC at Sodum (V and M) in Chittoor District, vide Agreement N0.88/AEE/ 2022-23, dt.28.01.2023, is questioned, as the same is illegal, arbitrary and consequently direct the respondents to consider for payment of balance amount of Gross Rs. 33,75,436/- in Net amount of Rs. 32,48,743/- and Gross Rs. 43,58,038.53/- in Net amount of Rs.39,04,236.53/- then totally and amount of Gross Rs. 77,33,474.53/- and Net amount of Rs.71,52,979.53/- with interest @12 percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith and pass IA 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 please to direct the respondents to consider for payment of balance amount of 2nd and part Bill amount of Gross Rs. 33,75,436/- in Net amount of Rs. 32,48,743/- and 3nd and final Bill amount of Gross Rs. 43,58,038.53/- in Net amount of Rs.39,04,236.53/- then totally and amount of Gross Rs. 77,33,474.53/- and Net amount of Rs.71,52,979.53/-even after finalizing the bills, payable to the petitioner in relation to the work i.e., “Augmentation of MJPAPBCWRSC at Sodum (V and M) in Chittoor District, vide Agreement No.88/AEE/ 2022-23, dt.28.01.2023, forthwith, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. SURESH KUMAR REDDY KALAVA Counsel for the Respondent(S): 1. GP FOR EDUCATION 2. GP FOR FINANCE PLANNING The Court made the following: :: ORDER :: In pursuance of letter dated 09.04.2025 addressed to the Registrar (Judicial), learned counsel for the petitioner seeks permission of this Court to withdraw the present writ petition. Permission is accorded. 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 Date: 17.04.2025 TVN 148 HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.30855 OF 2024 Date: 17.04.2025 TVN