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2025 DAILYLAW 43191 (AP)

M/s Sri Vani Venkateswara Constructions, v. The State of Andhra Pradesh,

WP/4889/2025 · 2025-03-05

Nyapathy Vijay

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY,THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 4889 OF 2025 Between: M/s Sri Vani Venkateswara Constructions, Rep., by its Managing Partner, V. Venkateswarlu S/o late. Gurrappa, Aged about 52 years, Occ - Contractor, R/o. D.No.53-199-16, Galiveedi Road, Rayachoty, Annamayya District. ...PETITIONER AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat Buildings, Velagapudi, Guntur District. 2. The District Collector, Annamayya District @ Rayachoty. 3. The Rayachoty Municipality, Rep. by its Commissioner, Rayachoti, Annamaya District. 4. Municipal Deputy Executive Engineer, Rayachoti Municipality, Rayachoty, Annamaya District. 5. The State of Andhra Pradesh, Represented by its Principal Secretary, Finance Department, Secretariat Buildings, Velagapudi, Guntur District. ...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 OF MANDAMUS declaring the action of the Respondents herein, in withholding the payment of bills 1®‘ and Final bill in amount of Rupees of Gross Rs.4,24,471/- in Net amount of Rs.3,74,454/- even after finalizing the bills payable to the petitioner in relation to the work i.e., providing CC Road Pole No. 17/31-E to D no.52/38-17-C in Ramapuram, in ward No. 18 in Rayachoty Municipality vide Agreement No.541/2023-24, Dt. 11.12.2023 is questioned, as the same is illegal and arbitrary apart from violates of Articles 14, 16, 19 and 300-A of The Constitution of India and consequently direct the respondents to consider for payment of bills in Gross Rs.4,24,471/- in Net amount of Rs.3,74,454/- with an interest @24percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work., forthwith. lA 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 to DIRECT the respondents to consider for payment of bills in Gross Rs.4,24,471/- in Net amount of Rs.3,74,454/- with regard to the completion of work i.e., “providing CC Road Pole No. 17/31-E to D no.52/38-17-C in Ramapuram, in ward No. 18 in Rayachoty Municipality vide Agreement No.541/2023-24, Dt. 11.12.2023 with an interest @24% per annum for the delayed amount to the petitioner, pending disposal of the Writ Petition. Counsel for the Petitioner: SRI. SURESH KUMAR REDDY KALAVA Counsel for the Respondents: GP MUNCIPAL ADMINSTRATION AND URBAN DEVELOPMENT AP Counsel for the Respondents: GP FOR FINANCE PLANNING The Court made the following: ORDER. % APHC010088312025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY, THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 4889/2025 Between: M/s Sri Vani Venkateswara Constructions ...PETITIONER AND The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.SURESH KUMAR REDDY KALAVA Counsel for the Respondent(S): 1.GP MUNCIPAL ADMN AND URBAN DEV AP 2.GP FOR FINANCE PLANNING The Court made the following: ...RESPONDENT(S) 2 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No. 4889 OF 2025 ORDER: The Writ Petition is filed questioning inaction of the respondents in withholding a net amount of Rs.3,74,454/- (Gross: Rs. 4,24,471/-) even after finalizing the Petitioner in relation to work i.e., “providing CC Road from Pole N0.17/31-E to D.No.52/38-17-C in Ramapuram at Ward No. 18 in Rayachoty Municipality under GGMP fund, Agreement No.54172023-2024, dated 11.12.2023’’. When the matter is taken up for hearing, the learned Standing Counsel passed on written instructions received by him, signed by the Commissioner, Rayachoty Municipality, wherein it was mentioned at paragraph No.4 that the Petitioner had executed the work as stipulated under agreement referred above and that the payment could not be made due to lack of funds. It was further mentioned that the Municipality will be paying the amounts as and when the amounts are released under GGMP-HIW Grant, without any delay. bills payable to the \ vide 2. 3. In view of the aforesaid submissions and also considering the fact that there is no dispute with regard to the execution of i 3 work and the amounts due to the Petitioner, this Court is inclined to dispose of the Writ Petition with the following direction; (i) The Respondent-Corporation is directed to pay the amounts due to the Petitioner within a period of four (04) months from the date of receipt of the copy of this order. There shall be no order as to costs. Consequently miscellaneous applications, if any, pending shall stand closed. Sd/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR //TRUE COPY// SECTI^OFFICER To. / 1. The Principal Secretary, State of Andhra Administration and Urban Development Department Buildings, Velagapudi, Guntur District. 2. The District Collector, Annamayya District @ Rayachoty. 3. The Rayachoty Municipality, Rep. by its Commissioner, Rayachoti, Annamaya District. 4. Municipal Deputy Executive Engineer Rayachoty, Annamaya District. 5. The Principal Secretary, State of Andhra Pradesh, Finance Secretariat Buildings, Velagapudi, Guntur District. 6. One CC to SRI SURESH KUMAR REDDY KALAVA Advocate 7. Two CCs to GP MUNCIPAL ADMN AND URBAN of Andhra Pradesh [OUT] 8. Two CCs to GP for FINANCE PLANNING Pradesh [OUT] 9. Three CD Copies Pradesh, Municipal Secretariat Rayachoti Municipality, Department, [OPUC] DEV AP, High Court High Court of Andhra VJ HIGH COURT DATED:06/03/2025 ORDER WP.No.4889 of 2025 DISPOSAL OF THE WRIT PETITION WITHOUT COSTS