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2025 DAILYLAW 4304 (AP)

SAI VINAYAKA CONSTRUCTIONS v. THE STATE OF AP

WP/1676/2025 · 2025-07-23

Harinath N

body2025

Judgment text

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V.\ - V APHC010029382025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SMS THURSDAY,THE TWENTYFOURTH DAY OF JUL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 1676 OF 2025 Between: 1. M/s. Sai Vinayaka Constructions, D.No.1-441/1, PNR White House, Adhi Lakshmi Nagar, Ravulapalem Village and Mandal, Dr.B.R. Ambedkar Konaseema District. Rep.by its Managing Partner Padala Damodara Reddy. 2. Padala Damodara Reddy, S/o. Nagi Reddy, Aged 34 Contractor, R/o. D.No. 1-441/1 Nagar, Ravulapalem Village and Mandal, Dr.B.R. Ambedkar Konaseema District. years, Occ PNR White House, Adhi Lakshmi ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Municipal Administration Department, Amaravati, Thullur Mandal, Guntur District. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance Department, Secretariat, Velagapudi, Amaravati, Thullur Mandal, Guntur District. 3. The Director of works and Account Officer, Nidhi Bhavan, Mangalagiri IT Park, Behind APIIC Building, Mangalagiri, Guntur District. 4. The Commissioner and Director of Municipal Administration, Sri Krishna Enclave, Gorantia, Guntur, Guntur District. Secretariat, Velagapudi, 1^. 5. The District Collector, Srikakulam District, Srikakulam. 6. The PalasaKasibugga Municipality, Rep. by its Commissioner, PalasaKasibugga, Srikakulam District. 7. The Deputy Executive Engineer, PalasaKasibugga Municipality, PalasaKasibugga, Srikakulam District. 8. The Assistant Executive Engineer, PalasaKasibugga Municipality, PalasaKasibugga, Srikakulam District. 9. Superintending Engineer(PH), Public Health Circle Engineering Department, Visakhapatnam, Visakhapatnam District. 10. The Executive Engineer(PH), Public Health Division, Visakhapatnam, Public Health Engineering Department, Visakhapatnam District. Public Health ...RESPONDENTS 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, 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 respondent authorities in not preparing bills and not paying bills even after finalizing the bills and recorded the said finalized amount Pass Order in Measurement Book forworks executed by the Petitioners i.e.. as Construction of Connectivities of drains. as Construction of Connectivities of drains. Both sides Beems and B.T. Layer, Painting to dividers & Electrical poles and Center line marking & sign boards to Connectivites of streets from Palasa RTC Complex to Indhira Chowk Junction to KT Road of Palasa-Kasibugga Municipality through the 53/2023-24 dated 31-10-2023 for an amount of as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondent authorities to prepare bills and to clear/release bills to the Petitioners. Agreement No. Rs. 1,16,21,901/- lA NO: 1 OF 202^ 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 to direct respondents to petition • forthwith Petitioners i.e.. Construction of Connectivities and B.T. Layer, Painting to dividers & sign boards to Connectivites Indhira Chowk Junction to KT Road the Agreement No. Rs. 1,16,21,901/- to the of drains. Both sides beems & Electrical poles and Center line marking of streets from Palasa RTC Complex to of Palasa-Kasibugga Municipality through 53/2023-24 dated 31-10-2023 for an amount of pending disposal of the main Writ Petition. Counsel for the Petitioners: SRI RAMBABU KOPPINEEDI 1, 4,5,9 & 10: GP FOR MUNICIPAL administration urban development Counsel for the Respondent Nos.2 & 3:GP FOR FINANCE & PLANNING Counsel for the Respondent Nos.6 to 8:SMT. SIREESHA RANI Counsel for the Respondent Nos. VALLABHANENI, SC FOR MUNICIPALITIES The Court made the following order; APHC010029382025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 1676/2025 Between: TSAI VINAYAKA CONSTRUCTIONS, D.NO. 1-441/1, PNR WHITE HOUSE, ADHI LAKSHMI NAGAR, RAVULAPALEM VILLAGE AND MANDAL, DR.B.R. AMBEDKAR KONASEEMA DISTRICT. REP.BY ITS MANAGING PARTNER PADALA DAMODARA REDDY. 2.PADALA DAMODARA REDDY,, S/0. NAGI REDDY, AGED 34 YEARS, OCC CONTRACTOR, R/0. D.NO. 1-441/1, PNR WHITE HOUSE, ADHI LAKSHMI NAGAR, RAVULAPALEM VILLAGE AND MANDAL, DR.B.R. AMBEDKAR KONASEEMA DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY MUNICIPAL .ADMINISTRATION DEPARTMENT VELAGAPUDI, AMARAVATI DISTRICT. SECRETARIAT, THULLUR MANDAL, GUNTUR 2. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY VELAGAPUDI, SECRETARIAT FINANCE DEPARTMENT, AMARAVATI, THULLUR MANDAL, GUNTUR DISTRICT. 3. THE DIRECTOR OF WORKS AND ACCOUNT OFFICER, NIDHI BEHIND APIIC BUILDING, BHAVAN, MANGALAGIRI IT PARK, MANGALAGIRI, GUNTUR DISTRICT. OF MUNICIPAL ENCLAVE, GORANTLA, 4. THE COMMISSIONER AND DIRECTOR ADMINISTRATION, SRI KRISHNA 2 HN,J W.P.No.l676_2025 GUNTUR, GUNTUR DISTRICT. COLLECTOR, 5. THE SRIKAKULAM. district SRIKAKULAM district, 6. THE PALASAKASIBUGGA COMMISSIONER municipality PALASAKASIBUGGA REP. or. ITS SRIKAKULAM DISTRICT 7. THE DEPUTY municipality, r 8. THE ASSISTANT municipality executive 9- SUPERINTENDING ^ VISAKHAPATNAM, VISAKHAPATNAlIf 10. THE EXECUTIVE VISAKHAPATNAM, DEPARTMENT, engineer PH, PUBLIC HEALTH PUBLIC CIRCLE, DEPARTMENT, district. engineer PH PUBLIC PUBLIC HEALTH health VISAKHAPATNAM DISTRICT. division, engineering ■ ■RESPONDENT(S): Petition under Article 2?fi of x-. x- circumstances stated in the affidavit filed m “i® Pleased topleased to issue a o Di^H ’ the nature of WRIT OF MANDAMUS declaring the action of the not paying bills amount Petitioners i. may be more particularly one in or any other appropriate writ or direction even after finaTChl bTstd' " "d°' as Pass Order in Measur^men Book T” f e.. Construction of Con^eSies of ^ ^ and B.T. Layer, Painting to dividers AND E eC icalool marking AND sign boards to Connect- > P°'®a and Center line complex to Indhira Chotk Juncfcn o Municipality through the Agreement No 53/2^3 24 d”. h ^®'®^®-Kasibugga amountofRs. 1,16 21 901/- as ilipnoi ' 31-10-2023 for Of Constitution of India and conseTen«; P epare bills and to clear/release bills an 14 and 21 F XU r. '■espondent authorities to to the Petitioners and pass lA NO: 1 OF 2021^ % HNJ W.P.No.1676 2025 in th Section 151 CPC praying that in the circumstances stated m the affidavit filed in support of the petition, the High Court may be pleased respondents to prepareand pay the bills amount forthwith to the PeMioners i.e.^ Construction of Connectivities of drains. Both sides beems >° dividers 85 Electrical poles and Center line marking 85 sign boards to Connectivites of streets from Palasa RTC Complex r u Mhe LT Palasa-Kasibugga Municipa through the Agreement No. 53/2023-24 dated Rs. 1.16,21,901/-, pending disposal of the 31-10-2023 for an amount of main Writ Petition and pass Counsel for the Petitioner(S): I.RAMBABU KOPPINEEDI Counsel for the RespondentfS): 1.GP FOR MUNCIPAL ADMN URBAN DEV 2.Sireesha Rani Vallabhaneni,Standing Counsel 3.GP FOR FINANCE PLANNING For Municipalities 4 HN, J W.P.No.1676 2025 This Court made the following Order:- Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Finance and the learned Standing Counsel for the respondent-corporation. Learned counsel for the petitioner submits that the petitioner has completed the works under Agreement No. 53/2023-24 dated 31-10-2023 entrusted by the respondent-Corporation, and has submitted the final bills. 2. Considering the submissions, the respondents are hereby directed to verify and release the payments due payable to the petitioner as expeditiously as possible preferably within a period of eight (08) weeks from the date of 3. receipt of a copy of this order. Accordingly, this Writ Petition is disposed off. There shall be no order as 4. to costs. As a sequel, miscellaneous petitions pending, if any, sh^ stand closed. Sd/- K.J. RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary Municipal Administration Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Thullur Mandal, Guntur District. 2. The Principal Secretary, Finance Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Thullur Mandal, Guntur District. 3. The Director of works and Account Officer, Nidhi Bhavan, Mangalagiri IT Park, Behind APIIC Building, Mangalagiri, Guntur District. 4. The Commissioner and Director of Municipal Administration, Sri Krishna Enclave, Gorantia, Guntur, Guntur District. 5. The District Collector, Srikakulam District, Srikakulam. 6. The Commissioner, PalasaKasibugga Municipality, PalasaKasibugga, Srikakulam District. 7. The Deputy Executive Engineer, PalasaKasibugga Municipality, PalasaKasibugga, Srikakulam District. 8. The Assistant Executive Engineer, PalasaKasibugga Municipality, PalasaKasibugga, Srikakulam District. 9. Superintending Engineer(PH), Public Health Circle Engineering Department, Visakhapatnam, Visakhapatnam District. 10. The Executive Engineer(PH), Public Health Division, Visakhapatnarp, Public Health Engineering Department, Visakhapatnam District. 11. One CC to Sri Rambabu Koppineedi, Advocate [OPUC] 12. One CC to Smt. Sireesha Rani Vallabhaneni, SC for Municipalities [OPUC] 13. Two CCs to GP for Municipal Administration and Urban Development High Court of Andhra Pradesh. [OUT] 14. Two CCs to GP for Finance and Planning, High Court of Andhra Pradesh [OUT] 15. Two CD Copies. Public Health ssb HIGH COURT DATED:24/07/2025 ORDER WP No.1676 OF 2025 OF 2'SEP 2025 K O Co> DISPOSING OF THE W.P. WITHOUT COSTS