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2025 DAILYLAW 42839 (AP)

M/s PR Associates, v. The State of Andhra Pradesh,

WP/35485/2025 · 2025-12-19

Harinath N

body2025

Judgment text

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APHC010686172025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] SATURDAY,THE TWENTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 35485/2025 Between: 1. M/S PR ASSOCIATES,, REP.BY ITS PROPRIETOR, VELAVARTHIPATI PANDURANGA VITHAL, S/O VENKATA NARASAIAH, AGED ABOUT 64 YEARS, RIO D.NO. 134-9-1285, 3D LANE, SRIRAM NAGAR GORANTLA, GUNTUR. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION DEPARTMENT, A.P SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING A.P SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 3. THE ANDHRA PRADESH COMPREHENSIVE FINANCIAL MANAGEMENT SYSTEM CFMS, 6TH FLOOR, C BLOCK, ANJANEYA TOWERS, IBRAHIMPATNAM, KRISHNA DISTRICT, REP. BY ITS CHIEF EXECUTIVE OFFICER. 4. THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, ANDHRA PRADESH AT TADEPALLI, GUNTUR DISTRICT. 5. THE DIRECTORATE OF WORKS AND ACCOUNTS, ANDHRA 2 PRADESH, REP. BY ITS DIRECTOR OF WORKS AND ACCOUNTS. 6. PAY AND ACCOUNTS OFFICER, WORKS AND ACCOUNTS, GUNTUR. 7. THE DISTRICT TREASURY OFFICER, GUNTUR DISTRICT. 8. THE GUNTUR MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, CORPORATION OFFICE, GUNTUR. ...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 to issue a writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in not paying the admitted final bill amount of Rs.17,06,443/- ( Rupees Seventeen Lakhs Six Thousand Four Hundred and Forty Three only) payable to the petitioner in relation to work executed for 8th Respondent by the petitioner, namely Construction of CC Drains to Power Pet 1st, 2 d and 3Id Lines and Construction of CC Drains to Rayapati Srinivasarao Colony in Div. No. 48 under AE-6 Section under agreement Bearing No. G.M.C/E.E- 4/Agt.No.89/2023-24, dated 04-12-2023 despite finalizing the bill and also not refunding the Earnest Money Deposit of Rs 16,246/- and Further ECV of Rs.24,369/- despite completion of the two year defect liability period, as illegal, arbitrary, unconstitutional and consequently direct the respondents herein to immediately pay the admitted final bill amount of Rs.17,06,443/- (Rupees Seventeen Lakhs Six Thousand Four Hundred and Forty Three only) payable to petitioner in relation to above work executed for 8th Respondent under the said agreement, while refunding the Earnest Money Deposit of Rs.16,246/- and Further ECV of Rs.24,369/- with an interest @ 12 percent per annum and pass such 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 may be pleased to direct the respondents herein to release the due amount of Rs.17,06,443/- (Rupees Seventeen Lakhs Six Thousand Four Hundred and Forty Three only) payable to petitioner in relation to above work executed for 8th Respondent under the said agreement, while refunding the Earnest Money Deposit of Rs.16,246/- and Further ECV of Rs.24,369/- with an interest @ 12 % per annum within a stipulated time frame and pass such 3 Counsel for the Petitioner: 1. VENKATA DURGA RAO ANANTHA Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV 2. GP FOR FINANCE PLANNING The Court made the following: 4 Order:- The learned counsel for the petitioner submits that the petitioner was awarded the works of Construction of CC Drains to Power Pet 1st, 2nd and 3rd Lines and Construction of CC Drains to Rayapati Srinivasarao Colony in Div. No. 48 under AE-6 Section Vide agreement No. G.M.C/E.E- 4/Agt.No.89/2023-24, dated 04-12-2023. 2. The learned counsel further submits that the petitioner duly executed all the said works and thereafter submitted the final bills for an amount of Rs.17,06,443/- and Earnest Money Deposit of Rs.16,246/- and Further ECV of Rs.24,369/-. It is submitted that the final bills were duly endorsed by the competent authority. A statement detailing the works executed by the petitioner was also prepared progress of the works was recorded in the M-book. However, in spite of the completion of all procedural formalities, the payments towards the completed works have not been released till date. 3. Heard the submissions of the learned counsel for the petitioner, Sri. A.S.C.Bose, the learned Standing Counsel for the Corporation and the learned Assistant Government Pleader for Finance and Planning. 4. During the course of hearing, the learned Standing Counsel appearing for the Corporation does not dispute the submissions made by the petitioner with respect to the completion of the works undertaken and that the non-payment of bills is due to paucity of funds. 5 5. Considering the submissions, the concerned respondents are hereby directed to verify and release the payments as expeditiously 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 of. There shall be no order as to costs. 7. Pending miscellaneous petitions, if any, shall stand closed. ____________________ JUSTICE HARINATH.N 20.12.2025 PNS