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2025 DAILYLAW 43058 (AP)

M/s. Jaitri Infra Projects, v. The State of Andhra Pradesh

WP/26681/2023 · 2025-12-30

Harinath N

body2025

Judgment text

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1 HN, J W.P.No.26681_2023 APHC010515572023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 26681/2023 Between: 1. M/S. JAITRI INFRA PROJECTS,, REP. BY ITS PROPRIETOR BY SRI. NIKKUDALA MALIESLI, S /O. LATE. N.V. BRAMAHAIAH, AGED ABOUT 48 YEARS, R/O.23-1488, SECOND LANE, LECTURERS COLONY, NELLORE, SPSR NELLORE-524003. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY MA AND UD DEPARTMENT, SECRETARIAT, VELGAPUDI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, NELLORE, SPSR NELLORE DISTRICT 4. THE NELLORE MUNICIPAL CORPORATION, REP. BY ITS MUNICIPAL COMMISSIONER, NCLLORC, SPSR NELLORE DISTRICT. 5. THE ENGINEERINCHIEF, PUBLIC HEALTH, MUNICIPAL COMMISSIONER, NELLORE, SPSR NELLORE DISTRICT. 6. THE EXECUTIVE ENGINEER, MUNICIPAL COMMISSIONER, NELLORE, SPSR NELLORE DISTRICT. 2 HN, J W.P.No.26681_2023 ...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 an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the payment of Rs. 24,24,476/- (Twenty Four Lakh, Twenty Four Thousand, four Hundred And seventy Six Rupees only) for the year 2022-23, even aftcr finalizing the bills, payable to the petitioner in relation to the works Balance Work of Urban Primary Health Centre in Chakali Street New name Sikharam Vari Street near Langhar Khana in Nellore Municipal Corporation of estimated cost of Rs.25.30 Lakhs For the year 2022- 2023 vide Agreement No. 31/2022-23 dated. 07.11.2022 of the 4th Respondent as bad, illegal, arbitrary, improper, unjust and against the Article 21 of Constitution of India and consequently to direct the respondents to consider and process the payment of Rs. 21,24,476/- with the interest at the rate of 24percent per annum from the due date till realisation to the Petitioner, payable under the Agreement No. 31/2022-23 dated. 07.11.2022 expeditiously within the shortest time schedule as may be fixed by this Hon'ble Court IA NO: 1 OF 2023 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 and process the payment of Rs. 24,24,476/- with the interest at the rate of 24% per annum from the due date till realisation to the Petitioner, payable under the Agreement No. 31/2022-23 dated. 07.11.2022 expeditiously within the shortest time schedule as may be fixed by this Hon'ble Court forthwith, pending disposal of this writ petition Counsel for the Petitioner: 1. SHAIK MEERAVALI Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING 2. GP FOR MUNCIPAL ADMN URBAN DEV 3. KALAVA SURESH KUMAR REDDY ( SC FOR MC RAYAL REGION, NELLORE) 3 HN, J W.P.No.26681_2023 ORDER: 1. The learned counsel appearing for the petitioner submits that the present writ petition is filed seeking to declare the action of the Respondents in withholding the payment of Rs. 24,24,476/- (Twenty Four Lakh, Twenty Four Thousand, four Hundred And seventy Six Rupees only) for the year 2022-23, even after finalizing the bills, payable to the petitioner in relation to the works “Balance Work of Urban Primary Health Centre in Chakali Street New name Sikharam Vari Street near Langhar Khana in Nellore Municipal Corporation” of estimated cost of Rs.25.30 Lakhs For the year 2022-2023 vide Agreement No. 31/2022-23 dated. 07.11.2022 of the 4th Respondent. 2. The payments in question have been duly released by the respondents and have been received by the petitioner. 3. Sri A.S.C.Bose, learned Standing counsel, appears for the respondents. 4. In view of the above submission made by the learned counsel appearing for the petitioner and since no further adjudication survives for consideration, the present writ petition is accordingly closed. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date:31.12.2025 NKA 4 HN, J W.P.No.26681_2023 200 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 26681 of 2023 Date: 31.12.2025 NKA