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2025 DAILYLAW 37053 (AP)

M/s. Sudhakara Infratech Pvt. Ltd., v. The State of Andhra Pradesh

WP/31522/2023 · 2025-09-09

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

5- s APHC010611042023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI j (Special Original Jurisdiction) ^ WEDNESDAY, THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 31522 OF 202.? Between: M/s. Sudhakara Infralech Pvt. Ltd., Flat No. 304, Metro Residency Raj Bhavan Road Hyderabad, Telangana. Rep by it's Power of Vakkalagada Suresh Kumar. Attorney Holder Mr. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration Department, A.P. Secretariat Building, Velagapudi, Amaravathi. 2. The Principal Secretary, Finance and Planning Department Government of Andhra Pradesh A.P. Secretariat Building, Velagapudi, Amaravathi 3. The Special Chief Secretary to the Government Housing Department, Government of Andhra Pradesh A.P. Secretariat Building, Velagapudi, Amaravathi 4. The Andhra Pradesh State Housing Corporation Limited, Plot No and 12 Behind BSNL Telephone Exchange Auto Nagar, Vijayawada Represented by its Managing Director 5. Ttie District Collector, Prakasam District Ongole 6. The Project Director, Housing Ongole, Prakasam District 7. The Superintending Engineer Public Health Circle, Nellore - 11 f 8. The Executive Engineer, Public Health Division, Ongole, Prakasam 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 a Writ, Order or Direction more particularly one in the nature of Writ of MANDAMUS declaring the action of the respondents in not paying the approved 1"* and part Bill for an amount of Rs. 37,01,293/- and 2'""' and Part Bill for an amount of Rs. 28,17,934/- towards the work executed by the petitioner i.e. Markapur Municipality - Providing water Supply by drilling bore wells. Storage tank and necessary Pipelines for Construction activity under Pedalandariki Thu in Layout No. 080901 LA113934 in ldupur-1 under agreement No. 36/2022-23, Dated 25.10.2022 as illegal, arbitrary, malafidy, high-handed, and contrary to the procedure established by law apart from being voilative of Articles 14 and 19 (1) (g) of the Constitution of India and consequentially direct the respondents to release the payment of above bill along with interest forthwith in the interest of justice lA NO: 1 OF 2023 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 approved 1®* and part Bill for an amount of Rs. 37,01,293/- and 2nd 85 Part Bill for an amount of Rs. 28,17,934/- towards the work executed by the petitioner i.e. "Markapur Municipality - Providing water Supply by drilling bore wells. Storage tank and necessary Pipelines for Construction activity under Pedalandariki lllu in Layout No. 080901 LA113934 in ldupur-1 under agreement No. 36/2022- 23, Dated 25.10.2022, pending disposal of the Writ Petition Counsel for the Petitioner; SRI KAMBHAMPATI RAMESH BABU Courtsel for the Respondent No.1: GP FOR MUNCIPAL ADMN AND URBAN DEV Courj^el for the Respondent No.2: GP FOR FINANCE AND PLANNING Courisel for the Respondent No.3: GP FOR HOUSING f Counsel for the Respondent No.4: SRI KALYAN CHAKRAVARTHY R The Court made the following order: -VI 1 f APHC010611042023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 31522/2023 Between: 1.M/S. SUDHAKARA INFRATECH PVT. LTD.,, FLAT NO. 304, METRO RESIDENCY RAJ BHAVAN ROAD HYDERABAD, TELANGANA. REP BY IT'S POWER OF ATTORNEY HOLDER MR. VAKKALAGADA SURESH KUMAR. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION DEPARTMENT, A.P. SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI. 2.THE PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT GOVERNMENT OF ANDHRA PRADESH A.P. SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI 3.THE SPECIAL CHIEF SECRETARY TO THE GOVERNMENT HOUSING DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH A.P. SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI 4.THE ANDHRA PRADESH STATE HOUSING CORPORATION LIMITED, PLOT NO - 11 AND 12 BEHIND BSNL TELEPHONE EXCHANGE AUTO NAGAR, VIJAYAWADA REPRESENTED BY ITS MANAGING DIRECTOR 5.THE DISTRICT COLLECTOR, PRAKASAM DISTRICT ONGOLE 6.THE PROJECT DIRECTOR, HOUSING ONGOLE, PRAKASAM DISTRICT 7.THE SUPERINTENDING ENGINEER PUBLIC HEALTH CIRCLE, NELLORE 8.THE EXECUTIVE ENGINEER, PUBLIC HEALTH DIVISION, ONGOLE, PRAKASAM 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 plei^ed topleased to issue a Writ, Order or Direction more particularly one in the jnature of Writ of MANDAMUS declaring the action of the respondents in not liaying the approved 1st and part Bill for an amount of Rs. 37,01,293/- and 2nd bnd Part Bill for an amount of Rs. 28,17,934/- towards the work executed by the petitioner i.e. Markapur Municipality - Providing water Supply by drilling bord wells, Storage tank and necessary Pipelines for Construction activity und^r Pedalandariki Thu in Layout No. 080901 LA113934 in Idupur- I under agreement No. 36/2022-23, Dated 25.10.2022 as illegal, arbitrary, malafidy, highfhanded, and contrary to the procedure established by law apart from being voilative of Articles 14 and 19 (1) (g) of the Constitution of India and consequentially direct the respondents to release the payment of above bill along with interest forthwith in the interest of justice lA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in \hk affidavit filed in support of the petition, the High Court may be pleased pleaded to direct the respondents to pay the approved 1st and part Bill for amodnt of Rs. 37,01,293/- and 2nd 85 Part Bill for an amount of Rs. 28,17,934/- towards the work executed by the petitioner i.e. "Markapur Municipality - Providing water Supply by drilling bore wells. Storage tank and necessary Pipelines for Construction activity under Pedalandariki lllu in Layout No. 080901 LA113934 in ldupur-1 under agreement No. 36/2022- 23, Dated 25.10.2022, pending disposal of the Writ Petition Courlsel for the Petitioner: 1.KAMBHAMPATI RAMESH BABU Counsel for the Respondent(S): 1.KALYAN CHAKRAVARTHY R 2.GP FOR FINANCE PLANNING 3.GP FOR MUNCIPAL ADMN URBAN DEV 4.6p FOR HOUSING an 3 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. f 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. The learned counsel appearing for the respondent Nos.1, 7 and 8, on written instructions, submits that bills of the petitioner have been advised for release, and accordingly, the 4*^^ respondent shall advise to release the 3. payments. 4. The said written instructions are taken on record, and considering the submissions, there shall be a direction to the concerned respondents to verify and release the admitted amount within a period of six (06) weeks from the date of receipt of a copy of this order. Accordingly, the Writ Petition is disposed off. No costs. As a sequel, miscellaneous applications, pending, ^if|^ny, shall stand 5. closed. SD/- G. HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// To SECTTUTTOFFICER 1. The Principal Secretary, State of Andhra Pradesh, Municipal Administration Department, A.P. Secretariat Building, Velagapudi, Amaravathi. 2. The Principal Secretary, Finance and Planning Department Government of Andhra Pradesh A.P. Secretariat Building, Velagapudi, Amaravathi 3. The Special Chief Secretary to the Government Housing Department, Government of Andhra Pradesh A.P. Secretariat Building, Velagapudi, Amaravathi 4. ^he Managing Director, Andhra Pradesh State Housing Corporation Limited, Plot No - 11 and 12 Behind BSNL Telephone Exchange Auto Nagar, Vijayawada 5. The District Collector, Prakasam District Ongole 6. The Project Director, Housing Ongole, Prakasam District 7. The Superintending Engineer Public Health Circle, Nellore 8. the Executive Engineer, Public Health Division, Ongole, Prakasam pistrict 9. One CC to SRI KAMBHAMPATI RAMESH BABU Advocate [OPUC] 10. One CC to SRI KALYAN CHAKRAVARTHY R Advocate [OPUC] 11. two CCs to GP FOR FINANCE AND PLANNING High Court of Andhra Pradesh [OUt] ' ^ ‘ 12. Two CCs to GP FOR MUNCIPAL ADMN AND URBAN DEV High Court df Andhra Pradesh [OUT] ! 13. Two CCs to GP FOR HOUSING High Court of Andhra Pradesh [OUT] 14. Two CD Copies gsg 1(5 V . 3: ■xy HIGH COURT DATED: 10/09/2025 ORDER WP NO. 31522 OF 2023 5 2 2 SEP 2025 | Current Secitnn ^*OESPA,TC'i^ DISPOSING THE WP WITHOUT COSTS