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2025 DAILYLAW 42115 (AP)

Sri Sai Gopi Krishna Constructions, v. The State of Andhra Pradesh,

WP/29584/2025 · 2025-10-28

V Sujatha

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010570582025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY,THE TWENTY NINETH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 29584/2025 Between: 1. SRI SAI GOPI KRISHNA CONSTRUCTIONS,, VADLAMURU, REP. BY ITS MANAGING PARTNER M CHANDRASEKHARARAO, S/O. M SUIYANARAYANA, AGED ABOUT 58 YEARS, OCC CONTRACTOR, R/O.5-52, VADLAMURU, PEDDAPURAM MANDAL, EAST GODAVARI DISTRICT, PINCODE 533437. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIEF SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR AND CHAIRMAN OF KAKINADA UBAN DEVELOPMENT AUTHORITY, KAKINADA, KAKINADA DISTRICT. 4. THE SAMALKOT MUNICIPALITY, REP. BY ITS COMMISSIONER, SAMALKOT, KAKINADA DISTRICT. 5. THE DEPUTY EXECUTIVE ENGINEER, SAMALKOT MUNICIPALITY, SAMALKOT, KAKINADA DISTRICT. 2 VS, J W.P.29584 of 2025 6. THE ASSISTANT ENGINEER, SAMALKOT MUNICIPALITY, SAMALKOT, KAKINADA DISTRICT. 7. THE CHIEF EXECUTIVE OFFICER, AP CFMS OFFICE, 6TH FLOOR, C-BLOCK, ANJANEYA TOWERS, IBRAHIMPATNAM, KRISHNA 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 topleased to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents not releasing the amount of Rs.8,84,737/- vide M Book No.65/2020-21, even after finalizing the bills, payable to the petitioner in relation to the works i.e., Providing walking Track at Play Ground in Government Junior College in Samalkota under GUDA, vide Agreement No. 78/ 2020-21, dated 21.01.2021 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amount of Rs.8,84,737/- vide M Book No.65/2020-21 with interest @24percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith 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 please to direct the respondents to pay for payment of amount of Rs.8,84,737/- vide M Book No.65/2020-21 with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works i.e. Providing walking Track at Play Ground in Government Junior College in Samalkota under GUDA, vide Agreement No. 78/ 2020-21, dated 21.01.2021, forthwith, pending disposal of the Writ Petition Counsel for the Petitioner: 1. MODAPOTHULA SUMALATHA Counsel for the Respondent(S): 1. Sireesha Rani Vallabhaneni,Standing Counsel For Municipalities 2. GP MUNCIPAL ADMN AND URBAN DEV AP 3 VS, J W.P.29584 of 2025 3. GP FOR FINANCE PLANNING The Court made the following: 4 VS, J W.P.29584 of 2025 ORDER:- The learned counsel for the petitioner submits that the petitioner has awarded the work of providing walking Track at Play Ground in Government Junior College in Samalkota under GUDA, vide Agreement No.78/2020-21, dated 21.01.2021. 2. The learned counsel further submits that the petitioner duly executed the works and thereafter submitted final bills for an amount of Rs.8,84,737/-. It is submitted that the said final bills were duly endorsed by the competent authority. A statement detailing the works executed by the petitioner was prepared, and the progress of the works was recorded in the M-book. The Quality Control Report was also filed by the petitioner. However, in spite of the completion of all procedural formalities, the payment towards the completed works has not been released till date. 3. Heard the submissions of the learned counsel for the petitioner, the learned Government Pleader for Municipal Administration & Urban Development, the learned Standing Counsel for the Municipal Corporation and the learned Assistant Government Pleader for Finance and Planning. 4. During the course of hearing, the learned Standing Counsel appearing for the Municipal Corporation does not dispute the submissions made by the petitioner with respect to the completion of works undertaken. 5. Considering the submissions, the concerned respondents are hereby directed to verify and release the payments due payable to the petitioner as expeditiuolsy as possible preferably within a period of six (06) weeks from the date of receipt of a copy of this order. 6. Accordingly, this writ petition is disposed off. There shall be no order as to costs. 5 VS, J W.P.29584 of 2025 7. Pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE V.SUJATHA Date: 29.10.2025 KGR/CAB