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2025 DAILYLAW 43061 (AP)

LECKON INFRASTRUCTURE PVT LTD-NITHIN SAI CONSTRUCTIONS (JV) v. THE STATE OF ANDHRA PRADESH

WP/16005/2024 · 2025-04-08

Subba Reddy Satti

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Judgment text

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[3331 ] IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVAT (Special Original Jurisdiction) WEDNESDAY ,THE NINTH DAY OF APRIL i TWO THOUSAND AND TWENTY FIVE I PRESENT \ THE HONOURABLE SRI JUSTICE SUBBA REDDY SATT WRIT PETITION NO: 16QQ5 OF 2024 / O.. Between: Lekcon Infrastructure Pvt Ltd-Nithin Sal Constructions Authorized Signatory, G. Shekar Reddy S/o G. Pulla Reddy, Aged years, Occ Contractor, R/o. H.No. 1-87, N. Rangapurna (V), Peapull^ Kurnool (D), Andhra Pradesh- 518 221. (JV), Rep. by its abcut 32 (M), ...PETITIONER/S AND 1. The State of Andhra Pradesh, Rep. by Principal Secretary, Roads; AND Buildings Development, Secretariat Buildings, Velagapudi, ' Amaravathi. 2. The Engineer-in-Chief, (R AND B), Administration AND Buildings Department, Room No 501 and NDB, Roads 5th Floor, State HOD Building, Labbipet, M.G Road, Vijayawada, Andhra Pradesh- 520 010 3. The Superintending Engineer,, R86B 86 Project Manager NDB works, Kadapa Circle, Kadapa. 4. The Executive Engineer,, (RAND B) Division, Kadapa. 5. The State of Andhra Pradesh,, Rep. by its Principal Secretary, Department of Finance & Planning, Secretariat Buildings, Velagapudi Amaravathi, Guntur District. ...RESPONDENTS Petition under Article 226 of the Constitution in the circumstances stated i of India praying that in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus any other appropriate Respondents in even ifter payable to the petitioner in relation to or Writ Order or direction declaring the action of the withholding the payment of amount of Rs. 10,67,65,909/- finalizing the 5th AND part bills. the work i.e., Widening and Strengthening of (1) Rayachoty to Vempalli Road from Km. 15.600 to 25.300 (Design Chainage Km. 15.600 to 25.225) (SH 55) (2) Pulivendula to Parnapalli Road from Km.‘ Chainage Km.35.600 to 38.105) (SH 343) (3) Kadapa 35.600 to 38.105 (Design - Porumamilla Road from Km.4.200 to 11.000 (Design ChainageKm.4.200 to 11.000) (SH-56) (4) Porumamiila-Kondrajupalli- Narasapuram Kasinayanapalli Road from Km.0.000 to 12.000 (Design Chainage Km.0.000 to 12.000) (SH-43) (5) Chinna Mandem- Sambepalli-T Sundepalli Road (Design Chainage- From Km 0.000 From Km 0.000 to 9.280 to 9.280) (SH-389) (6) Rajampeta- Kadiri - Thumukur Road from Km.29.600 to Km.45.600 (Design Chainage Km.29.600 to 45.420) (SH-59) (7) Rayachoty-T Sundupalli Pincha Road from Km.0.000 to 20.180 (Design Chainage Km.0.000 to 20.180) (SH-387) and (8) Nimmanapalle - Vayalpad Gurramkonda Galiveedu Road from Km.25.800 to 31.700 (SH-66) in YSR Kadapa District taken up under Andhra Pradesh Roads and Bridges Reconstruction With New Development Bank Loan Project (APRBRP) Assistance., vide Agreem.ent No 16/2020-21/ APRBRP/ENC(R AND B) ADMN AND NDB, Dt. 08.03.2021 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to consider for payment of balance amount of Rs. 10,67,65,909/- with interest @12PERCENT per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith . lA NO: 1 OF 2C)9d Petition under Section 151 CPC praying that in the circumstances in support of the petition, the High Court may be respondents to consider for stated in the affidavit filed i pleased to direct the payment of balance amount of Rs. 10,67,65,909/- even after finalizing the 5th & part bills payable to the petitioner in relation to the work i.e., “ strengthening of (1) Rayachoty to Vempalli Road from Km 25.300 (Design Chainage; Km. 15.600 Widening and J- 15.600 to to 25.225) (SH-55) (2) Pulivendula to Parnapalli Road from Km.35.600 to 38.105 (Design Chainage; Km.35.600 to 38.105) (SH 343) (3) Kadapa - Porumamilla Road from Km.4.200 to 11.000 (Design Chainage: Km.4.200 to 11.000) (SH-56) (4) Porumamilla-Kondrajupalli- Narasapuram Kasinayanapalli Km.0.000 to 12.000 (Design Chainage: Km.0.000 to 12.000) (SH-43) (5) Chinna Mandem- Sambepalli-T Sundepalli Road From Km 0.000 Road from to 9.280 (Design Chainage:- From Km 0.000 to 9.280) (SH-389) (6) Rajampeta- Kadiri - Thumukur Road from Km.29.600 to Km.45.600 (Design Chainage Km.29.600 to 45.420) (SH-59) (7) Rayachoty-T Sundupalli Pincha from Km.0.000 to 20.180 (Design Chainage Km.0.000 to 20.180) (SF-387) and (8) Nimmanapalle - Vayalpad Gurramkonda Galiveedu Road Km.25.800 to 31.700 (SH-66) in YSR Kadapa District taken Andhra Pradesh Roads and Bridges Reconstruction Project (APR with New Development Bank Loan Assistance.”, vide Agreemen 16/2020-21/ APRBRP/ENC(R&B) ADMN & NDB, Dt. 08.03.2021 Road from up Under BRP) No: forthwith pending disposal of the Writ Petition . Counsel for the Petitioner Counsel for the Respondents: GP FOR ROADS BUILDINGS : SRI. SURESH KUMAR REDDY KALAVA GP FOR FINANCE AND PLANNING The Court made the following order: APHC010315142024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY ,THE NINTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 16005/2024 Between: Leckon Infrastructure Pvt Ltd-nithin Sal Constructions Qv) ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT{S) Counsel for the Petitioner: 1.SURESH KUMAR REDDY KALAVA Counsel for the Respondent(S): 1.GP FOR ROADS BUILDINGS 2.GP FOR FINANCE PLANNING The Court made the following: :: ORDER :: The above writ petition is filed to declare the action of respondent authorities in withholding the amount of Rs.10,67,65,909/-, despite finalizing the 5*^ and part bills concerning the work i.e. widening and strengthening of (1) Rayachoty to Vempalli road from KM 15.600 to 25.300 (design Chainage; km.15.600 to 25.225) (SH-55), (2) Pulivendula to Parnapalli road from km.35.600 to 38.105 (design chainage: km.35.600 to 38.105) (SH 343), (3) Kadapa - Porumamilla road from km 4.200 to 11.000 (design chainage: km.4.200 to 11.000) (SH-56), (4) Porumamilla - Kondrajupalli - Narasapuram- A, Kasinayanapalli road from Km.0.000 to 12.000 (design chainage: km.0.000 to 12.000) (SH-43), (5) Chinnamandem - Sambepalli - T Sundepalli road Km. 0.000 to 9.280 (design chainage: Km.0.000 to 9.280) (SH-389) Rajampeta-Kadiri - Thumukur road from Km.29.600 to km,45.600 (design chainage: Km.29.600 to 45.420) (SH-59), (7) Rayachoty - T Sundupalli - Pincha road from Km.0.000 to 20.180 (design chainage: Km.0.000 to 20,180) (SH-387) and (8) Nimmanapalle - Vayalpad - Gurramkonda - Galiveedu from Km.25.800 to 31.700 (SH-66) in YSR Kadapa District taken up l Andhra Pradesh Roads and Bridges Reconstruction Project (APRBRP) with New Development Bank Loan Assistance, is illegal and arbitrary. from (6) road nder Today, when the matter is taken up for consideration, learned Assistant Government Pleader for Roads & Buildings would submit that the amount of Rs. 10,67,65,909/- was credited to the petitioner’s account on 13.01.2025 vide CFMS token No.2024-171779. The same was endorsed by the learned counsel for the petitioner. 2. Given the facts and circumstances of the case and since the arrlount was credited to the petitioner’s account, the cause in the writ petition does not survive for adjudication and the Writ Petition is closed. No order as to cost. 3. Miscellaneous petitions, if any pending, in this case, shall stand closed. Sd/- K.J.RAUA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER 7 KALAVA Advocate [OPUC] 2. Two CCs to GP FOR ROADS BUILDINGS Pradesh. [OUT] 3. Two CCs to GP FOR FINANCE AND Andhra Pradesh. [OUT] 4. Three CD Copies To, High Court Of Andhra PLANNING ,High Court Of j ' / psk > HIGH COURT DATED;09/04/2025 ORDER OF and, WP.No.16005 of 2024 C3 2 6 SEP 202S B . . Current Section , , CLOSING THE WRIT PETITION WITH NO COSTS