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2025 DAILYLAW 41681 (AP)

SRI RAMA SARASWATHI CONSTRUCTIONS AND TRACTOR SUPPLIERS v. The State of AP

WP/32844/2025 · 2025-11-25

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010634012025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE TWENTY SIXTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 32844/2025 Between: 1. SRI RAMA SARASWATHI CONSTRUCTIONS AND TRACTOR SUPPLIERS, REP. BY ITS PROPRIETOR VANNEM RAMA RAO S/O LATE SREE RAMULUAGE 64 YEARS, OCC CONTRACTOR R/ODNO- 1-140/11 MAIN ROAD, GANDHI PARK, PEDANA-521366 KRISHNA DISTRICT ...PETITIONER AND 1. THE STATE OF AP, REP BY ITS PRI SECRETARY MUNICIPAL ADMINISTRATION DEPARTMENT AP SECRETARIAT AMRAVATI 2. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY FINANCE AND PLANNING DEPARTMENT AP SECRETARIAT AMRAVAT 3. THE DIRECTOR OF MUNICIPAL ADMINISTRATION MA AND UD DEPARTMENT GOVERNMENT OF ANDHRA PRADESH AT GUNTU, AP 4. THE DISTRICT COLLECTOR, KRISHNA DISTRICT AT MACHILIPATNAM ANDHRA PRADESH 5. PEDANA MUNICIPALITY, PEDANA, KRISHNA DISTRICT REP BY ITS COMMISSIONER ...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 2 pleased topleased to issue a writ or direction more particularly in the nature of writ of mandamus declaring the action of the respondents in not releasing the Rs.3,26,213-84 Ps and EMD of Rs 3,258/- inspite of the work completed as illegal, arbitrary, highhanded and cannot be justified in the eye of law and consequently direct the respondents to pay the balance amount of Rs. balance amount of Rs. Rs.3,26,213-84Ps and EMD of Rs 3,258/- together with interest @ 24percentage per annum from the date of completion of the work in the interest of justice 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 amount of Rs Rs.7,43,760-43 as PS and EMD of Rs 8,133/- forthwith in the interest of justice and pass Counsel for the Petitioner: 1. CH SRINIVAS Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP 2. GP FOR FINANCE PLANNING The Court made the following: 3 ORDER: The Writ Petition is filed aggrieved by the inaction on part of the respondent authorities in not releasing the bills even after the execution works. 2. The learned counsel for the petitioner submits that the petitioner is the registered contractor. The Government of Andhra Pradesh under “Gadapa Gadapaku Mana Prabutvam” programme, sanctioned works vide G.O.Rt.No.68, Planning (VII) Department dated 10.05.2022. Pursuant to which, the 5th respondent notified certain works within the Pedana Municipality and called for the tenders for the works of providing CC road from Guttikonda Mallikarjuna Rao house bearing D.No.11/227-1-18 to Ummiti Kota Syamalamba house bearing D.No.11/216-18 and C.C. drain from Katta Pedda Babu house bearing D.No.12/230-3-18 to Busam Kota Basavaiah’s house bearing D.No.11/211-18 and C.C. drain from Palachettu to Jumma Paidaiah’s house including three (03) culverts in 21st ward of Pedana Municipality vide MAUD-1072-19317, for an estimated contract value of Rs.4,00,000/-. Pursuant to which, the petitioner submitted the tender and he being the lowest bidder, his tender was approved on 01.12.2023. As such, the works were allotted to the petitioner and the petitioner executed the works in all aspects as per the tender conditions. 4 3. The learned counsel for the petitioner submits that the work is completed and the bills were also approved by the competent authority. The M-books also reflect that the petitioner has completed the work and payments are due to the petitioner. 4. Ms. Sireesha Rani Vallabhaneni, learned Standing Counsel for the 5th respondent submits that the said work is completed and the bills are also approved. The 5th respondent has also uploaded the bills in the NIDHI portal to the Pay and Accounts Officer, Vijayawada. 5. It is also submitted that on account of paucity of funds, the bills are yet to be cleared. 6. Recording the same, the Writ Petition is disposed of directing the respondent Nos.4 and 5 to release the payment to the petitioner within a period of four (04) weeks from the date of receipt of a copy of this Order. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. ___________________ JUSTICE HARINATH.N SCH 5 363 HONOURABLE SRI JUSTICE HARINATH.N Writ Petition No.32844 of 2025 Date: 26.11.2025 SCH