Extracted from the PDF above. The PDF is authoritative.
APHC010258992025
IN THE HIGH COURT OF ANDHRA PRADESH MONDAY,THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 13828/2025 Between:
1. SRVS INDUSTRIES, PLACE OF BUSINESS PLOT NO, 161, INDUSTRIAL DEVELOPMENT AREA. NEAR INDANE GAS PLANT, KADAPA YSR DISTRICT, REP.BY ITS ANNAPUR REDDY SRI MANNARAYANA REDDY
1. THE STATE OF AP, REP BY ITS PRINCIPAL MUNCIPAL ADMINISTRATION DEPARTMENT, SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT
2. THE STATE OF ANDHRA PRADESH R, REP BY ITS PRINCIPAL SECRETARY,
FINANCE DEPARTMENT, SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT. 3. THE COMMISSIONER AND DIRECTOR ADMINISTRATION, MANGALAGIRI, GUNTUR,A.P
4. THE ENGINEERINCHIEF, PUBLIC HEALTH AND MUNICIPAL NGINEERING DEPARTMENT, TADEPALLI, GUNTUR
5. THE SUPERINTENDING ENGINEER, PUBLIC HEALTH CIRCLE OFFICE, COURT ROAD, ANANTAPURAMU
6. THE EXECUTIVE ENGINEER, PUBLIC HEALTH DIVISION, KADAPA, KADAPA DISTRICT. A.P.
7. MYDUKUR MUNICIPALITY, REP. BY THE COMMISSIONER, MYDUKUR, KADAPA DISTRICT. RESPONDENT 7 IMPLEADED AS PER COURT ORDER DT.03/12/2025 IN I.A.NO.2 OF 2025
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 topleased 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 tune of an amount ofreleasing the admitted bills to a Rs.1,73,94,441/ towards final settlement of the bill to t Construction work of RCC Major storm water Drains in Mydukur Municipality, PH Division Kadapa. Technical Sanction No. ENC(PH)R.No.79/2022 Dt.08-12-2022, Agreement No.SE(PH) 34/2023 arbitrary violative of principles of natural justice and also voilative of articles 14, 19, 21 and 300-A of Constitution of India and consequently to direct the IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 13828/2025 SRVS INDUSTRIES, PLACE OF BUSINESS PLOT NO, 161, INDUSTRIAL DEVELOPMENT AREA. NEAR INDANE GAS PLANT, KADAPA YSR DISTRICT, REP.BY ITS ANNAPUR REDDY SRI MANNARAYANA REDDY ...PETITIONER AND THE STATE OF AP, REP BY ITS PRINCIPAL MUNCIPAL ADMINISTRATION DEPARTMENT, SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT THE STATE OF ANDHRA PRADESH R, REP BY ITS PRINCIPAL SECRETARY,
FINANCE DEPARTMENT, SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT. THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, MANGALAGIRI, GUNTUR,A.P-522502. THE ENGINEERINCHIEF, PUBLIC HEALTH AND MUNICIPAL NGINEERING DEPARTMENT, TADEPALLI, GUNTUR-522501. THE SUPERINTENDING ENGINEER, PUBLIC HEALTH CIRCLE OFFICE, COURT ROAD, ANANTAPURAMU DISTRICT.
A.P.
THE EXECUTIVE ENGINEER, PUBLIC HEALTH DIVISION, KADAPA, KADAPA DISTRICT. A.P. MYDUKUR MUNICIPALITY, REP. BY THE COMMISSIONER, MYDUKUR, KADAPA DISTRICT. RESPONDENT 7 IMPLEADED AS PER COURT ORDER DT.03/12/2025 IN I.A.NO.2 OF 2025 ...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 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 tune of an amount ofreleasing the admitted bills to a Rs.1,73,94,441/ towards final settlement of the bill to the petitioner for the completed work Construction work of RCC Major storm water Drains in Mydukur Municipality, PH Division Kadapa. Technical Sanction No. ENC(PH)R.No.79/2022 2022, Agreement No.SE(PH) 34/2023-24, dt. 18-08- arbitrary violative of principles of natural justice and also voilative of articles A of Constitution of India and consequently to direct the IN THE HIGH COURT OF ANDHRA PRADESH [3457] MONDAY,THE TWENTY SECOND DAY OF DECEMBER THE HONOURABLE SRI JUSTICE HARINATH.N SRVS INDUSTRIES, PLACE OF BUSINESS PLOT NO, 161, INDUSTRIAL DEVELOPMENT AREA. NEAR INDANE GAS PLANT, KADAPA YSR DISTRICT, REP.BY ITS ANNAPUR REDDY SRI ...PETITIONER THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, MUNCIPAL ADMINISTRATION DEPARTMENT, SECRETARIAT, THE STATE OF ANDHRA PRADESH R, REP BY ITS PRINCIPAL SECRETARY,
FINANCE DEPARTMENT, SECRETARIAT, OF MUNICIPAL
522502. THE ENGINEERINCHIEF, PUBLIC HEALTH AND MUNICIPAL
522501. THE SUPERINTENDING ENGINEER, PUBLIC HEALTH CIRCLE DISTRICT. A.P.
THE EXECUTIVE ENGINEER, PUBLIC HEALTH DIVISION, KADAPA, MYDUKUR MUNICIPALITY, REP. BY THE COMMISSIONER, MYDUKUR, KADAPA DISTRICT.
RESPONDENT 7 IMPLEADED AS PER COURT ORDER DT.03/12/2025 IN I.A.NO.2 OF 2025 ...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 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 tune of an amount ofreleasing the admitted bills to a Rs.1,73,94,441/- he petitioner for the completed work Construction work of RCC Major storm water Drains in Mydukur Municipality, PH Division Kadapa. Technical Sanction No. ENC(PH)R.No.79/2022-23, -2023. as illegal, arbitrary violative of principles of natural justice and also voilative of articles A of Constitution of India and consequently to direct the
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respondents to pay the same along with 18 percentage interest per annum and also costs and compensation and pass IA NO: 1 OF 2025 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 admitted bills to a tune of an amount of Rs.l,73,94,441/-towards final bill to the petitioner for the completed Construction work of RCC Major storm water Drains in Mydukur Municipality, PH Division Kadapa. Technical Sanction No. ENC(PH)R.No.79/2022-23, Dt.08-12- 2022, Agreement No.SE(PH) 34/2023- 24, dt. 18-08-2023. towards final bill to the petitioner pending disposal of the writ petition, and pass IA NO: 2 OF 2025 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 implead the proposed party Mydukur Municipality, Rep. by the commissioner, Mydukur kadapa district as respondent 7 in the above W.P. 13828 OF 2025 and pass Counsel for the Petitioner:
1. C.YELLAIAH Counsel for the Respondent(S):
1. GP MUNCIPAL ADMN AND URBAN DEV AP
2.
GP FOR FINANCE PLANNING The Court made the following:
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THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.13828 OF 2025 ORDER :
1. The petitioner is aggrieved by the action of respondents in not releasing an amount of Rs.1,73,94,441/-. 2. The learned counsel for the petitioner submits that the petitioner was entrusted work of construction of RCC Major Storm Water Drains in Mydukur Municipality. The petitioner completed the work as entrusted and submitted the bills to the competent authority. The 6th respondent approved the payments after deduction of Rs.9,37,493/-. 3. Sri.G.Lakshminarayana, the learned standing counsel for the 7th respondent submits that the Public Health Department is the competent authority to release the payments though work was done at the Municipality. The respondent authorities have issued the proceedings of Memorandum of payments and also the progress of the work was recorded in the M-book. The respondent authorities issued quality control certificate and uploaded the bills in CFMS portal, however, no amounts have been credited. 4. During the course of hearing, the learned Standing Counsel appearing for the respondent No.7 does not dispute the submissions made by the petitioner with respect to the completion of the work undertaken and that the non-payment of bills is due to paucity of funds. 5. Considering the submissions, concerned respondent is hereby directed to verify and release the admitted bills due payable to the petitioner as
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expeditiously as possible preferably within a period of twelve (12) weeks from the date of receipt of a copy of this order. 6. Accordingly, the writ petition is disposed of. No costs. As a sequel, miscellaneous applications, pending, if any, shall stand closed. ____________________ JUSTICE HARINATH.N KGM
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93 THE HONOURABLE SRI JUSTICE HARINATH.N
WRIT PETITION No.13828 OF 2025 Dated 22.12.2025
KGM