Extracted from the PDF above. The PDF is authoritative.
APHC010403842025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] MONDAY,THE THIRD DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 20891/2025 Between:
1. SRI GANESH CIVIL WORK, D.NO. 10-38-8/1, FLAT NO. 203, VISAKHAPATNAM, REP.BY ITS MANAGING PARTNER
MUCHAKARLA LAKSHMI NARAYANA KUMAR. 2. MUCHAKARLA LAKSHMI NARAYANA KUMAR,, S/O.
KONDALA RAO, AGED 46 YEARS, OCC CONTRACTOR, R/O.
D.NO. 10-38-8/2,
G-2, SITA RESIDENCY, MAHARANIPETA, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. ...PETITIONER(S) AND
1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY,
PANCHAYAT RAJ DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, THULLUR MANDAL, AMARAVATHI, GUNTUR DISTRICT. 2. STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, THULLUR MANDAL, GUNTUR DISTRICT. 2
3. A P STATE HOUSING CORPORATION LTD, AUTO NAGAR, APSHCL HEAD OFFICE, VIJAYAWADA REPRESENTED BY ITS MANAGING DIRECTOR. 4. THE ENGINEERINCHIEF, PANCHAYAT RAJ, Z.P.COMPOUND, OPPOSITE TO PWD GROUNDS, M.G.ROAD, VIJAYAWADA. 5. THE DISTRICT COLLECTOR, ANAKAPALLI DISTRICT, ANAKAPALLI. 6. SUPERINTENDING ENGINEER, PANCHAYAT RAJ CIRCLE,
VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 7. EXECUTIVE ENGINEER, PANCHAYAT RAJ PRI DIVISION, ANAKAPALLI, ANAKAPALLI DISTRICT. 8. THE EXECUTIVE ENGINEER, A.P. STATE HOUSING CORPORATION LTD
ANAKAPALLI, ANAKAPALLI DISTRICT. 9. THE PROJECT DIRECTOR, A.P. STATE HOUSING CORPORATION LTD,
ANAKAPALLI DISTRICT, ANAKAPALLI. ...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, Order, or Direction more particularly one in the nature of WRIT OF MANDAMUS or any other appropriate writ or direction declaring the action of the respondents in withholding the payment of balance of Rs. 14,42,949/- even after finalizing the bills, payable to the petitioners in relation to the works under YSR Jagananna Housing Colonies/Critical Infrastructure Works Grant i.e., i) Construction of Culverts 2 Nos at approach roads to Housing Layout in V. Madugula, Madugula Mandal, Anakapalli District
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through Agreement No. /2022-23/Dt. 14-07-2022 for an amount of Rs. 5,48,918/-, ii) Formation of Gravel Approach Roads to Kona variKallalu at Madugula Mandal, Anakapalli District through the Agreement No. /2022-23/Dt. 14-07-2022 for an amount of Rs.5,18,282/- and iii) Formation of Gravel Approach road with slab culvert at KoppivariKallalu of Madugula Mandal, Anakapalli District through the Agreement No. /2022-23, dated 02-09- 2022for an amount of Rs. 3,75,749/- totaling an amount of Rs.
14,42,949/- as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondents to consider for payment of amount of Rs. 14,42,949/- to the petitioners in respect of execution of above- mentioned work forthwith 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 consider for payment of amount of Rs. 14,42,949/- to the petitioners in respect of execution of works underYSR Jagananna Housing Colonies/Critical Infrastructure Works Grant i.e., i) Construction of Culverts 2 Nos at approach roads to Housing Layout in V. Madugula, Madugula Mandal, Anakapalli District through Agreement No. /2022-23/Dt. 14-07- 2022 for an amount of Rs. 5,48,918/-, ii) Formation of Gravel Approach Roads to Kona variKallalu at Madugula Mandal, Anakapalli District through the Agreement No. /2022-23/Dt. 14- 07-2022 for an amount of Rs.5,18,282/- and iii) Formation of Gravel Approach road with slab culvert at Koppivari Kallalu of Madugula Mandal, Anakapalli District through the Agreement No. /2022-23, dated 02-09- 2022 for an amount of Rs. 3,75,749/- totaling an amount of Rs. 14,42,949/- forthwith pending disposal of the main Writ Petition and pass Counsel for the Petitioner(S):
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1. RAMBABU KOPPINEEDI Counsel for the Respondent(S):
1. GP FOR PANCHAYAT RAJ RURAL DEV
2. K MALLIKHARJUNA MOORTHY
3. GP FOR FINANCE PLANNING The Court made the following ORDER:
Aggrieved by the non-payment of bill amounts to the petitioner in relation to the completed construction works under agreement dated 14.07.2022, the present writ petition has been filed. 2. Heard Rambabu Koppineedi, learned counsel for the petitioner and Ms. Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj. 3. Ms.
Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj, on written instructions dated 2308.2025 submitted that the authorities have admitted to pay to a tune of Rs.14,41,507/- as against the claim made by the petitioner to a tune of Rs.14,42,949/- and sought time for such payment. 5
4. To the said submission, learned counsel for the petitioner reported no objection but prayed to grant reasonable time as the amount is paltry. 5. Taking into consideration the submissions of both the learned counsel and as the authorities are ready to pay the admitted amount to the petitioner, this court is inclined to dispose of the writ petition, at the admission stage with the following direction:
“The respondents are directed to release the legally admitted/entitled net amount to the petitioner at the earliest, and at any rate, within two (02) months from the date of receipt of a copy of this order.”
6. Accordingly, the writ petition is disposed of. No costs. Miscellaneous applications, pending if any, shall stand closed. _________________________ JUSTICE RAVI CHEEMALAPATI
Date: 03.11.2025 ANS
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162 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI
WRIT PETITION NO: 20891/2025
Date: 03.11.2025 ANS