M/s. Sri Kowshik Constructions v. The State of Andhra Pradesh,
WP/25477/2025 · 2025-10-28
B S Bhanumathi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 41022 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 41022 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010481652025
IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) Wednesday, the Twenty Ninth day of October, Two Thousand Twenty Five The Honourable Ms. Justice B.S.Bhanumathi Writ Petition No. Between:
1. M/s.Sri Kowshik Constructions, Chinnadandluru v mandal, Y.S.R Kadapa District, Sri Levaku Venkata M
1. The State of Andhra P Government,
Forest, Department, Secretariat,
2. The State of Andhra Department of Finance and Velagapudi, Guntur D
3. The Principal Chief C State of Andhra Pradesh
4. The Divisional Forest (W.L.) Division, Rajampeta,
5. The District Forest O Rajampeta . 6. The Forest Range Officer,
7. The Forest Range Officer,
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) Wednesday, the Twenty Ninth day of October, Two Thousand Twenty Five Present The Honourable Ms. Justice B.S.Bhanumathi Writ Petition No. 25477 of 2025 Constructions, Chinnadandluru village, Y , Y.S.R Kadapa District, represented by its Managing Maheswara Reddy, S/o. Levaku Gangi R ...P and Pradesh, represented by its Principal Secretary to orest, Environment, Science and T ecretariat, Velagapudi, Amaravati, Guntur District. ndhra Pradesh, represented by its Principal inance and Planning, Secretariat District. Conservator of Forests and Head of Forest radesh Aranya Bhavan, Mangalagiri, Guntur orest Officer, Wildlife Management Division, R ajampeta, Annamayya District. Officer, Annamayya Division, Annamayya fficer, Chitvel Range, Annamayya District. fficer, Rajampeta Range, Annamayya District. ...Respondents IN THE HIGH COURT OF ANDHRA PRADESH [3311] Wednesday, the Twenty Ninth day of October, Two Thousand Twenty Five Yerraguntla anaging Partner Reddy. ...Petitioner ecretary to Technology istrict. rincipal Secretary, ecretariat Buildings, Forest Force, untur District. Rajampeta nnamayya District, . istrict. Respondents:
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Counsel for the petitioner:
1. M.Siva Kumar Counsel for the respondents:
1. Government Pleader for Forests
2.
Government Pleader for Finance & Planning
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The Court made the following order:
This writ petition is filed under Article 226 of the Constitution of India to issue an order, writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not releasing the E.M.D. (Tender 1% through online and security deposit 1.5%) amounts of Rs.22,120/-, F.S.D.amount of Rs.17,972/- and the E.M.D. (Tender 1% through online and security deposit 1.5%) amounts of Rs.22,120/-, F.S.D. amount of Rs.18,884/- and the E.M.D. (Tender 1% through online and security deposit 1.5%) amounts of Rs.22,128/-, F.S.D.amount of Rs.22,095/- and the E.M.D. (Tender 1% through online and security deposit 1.5%) amounts of Rs.22,280/-, F.S.D.amount of Rs.14,203/- total amounts (4 Works) of Rs.1,61,802/- to the petitioner for the works done by the petitioner in terms of agreements entered by the 4th respondent vide agreement No.1 / 2017-18, dated 06.06.2017, agreement No.2 / 2017-18, dated 06.06.2017, agreement No.12 / 2017-18, dated 04.12.2017 and agreement No.13/2017-18, dated 04.12.2017 as illegal, arbitrary, violation of principles of natural justice and unconstitutional and consequently direct the respondents to pay the said undisputed final bill amounts and pass such other order which this Court deems fit in the interest of justice. 02. It is the contention of the petitioner that even though the respondents admitted that the petitioner is entitled to the aforesaid amount, no payment is made. The petitioner contends that such non-payment of money is clearly arbitrary and high-handed, requiring the interference of this Court. 03. On the other hand, learned Government Pleader for Forests, while admitting about the claim of the petitioner, placed on record instructions received from the Forest Range Officer, Chitvel Range vide Rc.No.883 / 2024 / To, Dated 07.10.2025.
He submitted that the bills are pending due to non-
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visibility of the Head of Account in the C.F.M.S. portal and office is unable to process the refund / payment of EMD / FSD amounts to the petitioner. 04. Sri K.N.Krishna Kumar, the learned Assistant Government Pleader for Finance and Planning and Ms.Sravani, the learned Assistant Government Pleader for Forests reported no objection and submitted that there is no dispute about the amount to be paid to the petitioner, but, the same could not be paid due to lack of budget and requested to pass appropriate order. 05. In view of the submissions of the learned counsel for the petitioner and the learned Government Pleader for Finance & Planning and Government Pleader for Forest, this Writ Petition is allowed with a direction to the respondents to release the amount of Rs.1,61,802/- (Rupees One lakh sixty one thousand eight hundred and two only) to the petitioner, within a period of one (01) month from the date of receipt of a copy of this order. However, if the petitioner is entitled to any higher amount the same shall also be paid as per the entitlement. There shall be no orders as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in this writ petition shall stand closed. ___________________________ JUSTICE B.S. BHANUMATHI
Dated :29.10.2024 GRL
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164
The Honourable Ms. Justice B.S.Bhanumathi
W.P. No.25477 of 2025
Date: 29.10.2025. GRL