V «*4 ^ IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 15477 OF 2024 Between: M/s. Raghava Project Constructions Pvt Ltd, Rep. by its Managing Director, B. Raghava Rao, S/o. B. Venkateswara Rao, aged about 50 years, D.No.40-26- 21A, Vanasikam, Sreerama Nagar, Labbipet, Beside P and T Colony, Vijayawada - 520 010 . ...PETITIONER AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Municipal Administration and Urban Development Department, A.P Secretariat Velagapudi, Amaravathi, Guntur District V 2. The District Collector, NTR District at Vijayawada 3. The Managing Director, A.P. State Housing Corporation Vijayawada, NTR District 4. The Project Director, A.P. State Housing Corporation Vijayawada, NTR District 5. The Superintending Engineer, Vijayawada Municipal Corporation Vijayawada, NTR District Executive Engineer, Vijayawada, NTR District 7. The State of Andhra Pradesh, Rep by its Principal Secretary, Finance and Planning Department, A.P Secretariat at Velagapudi, Amaravathi Guntur District at Limited, Limited, 6. The Vijayawada Municipal Corporation ...RESPONDENTS > Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue an appropriate Writ, order or direction mostly one which is in the nature of a Writ of Mandamus declaring the action of the Respondents in non-payment of amounts of Rs.45,20,265 due to the may petitioner even after finalizing the bills, payable in relation to the work executed i.e. Formation to Internal Roads for Block-15 to Block-16 of VMC Layout in Velagaleru (V) of G.Konduri (V) as illegal, arbitrary, unjust, unfair, unreasonable and unconstitutional and consequently direct the Respondents to make the payment of full amounts due to the Petitioner without any deductions / recoveries in respect of execution of works carried out by the Petitioner and with reasonable interest for delayed period forthwith. lA NO: 1 OF 2024 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 the payment of the of Rs.45,20,265 payable in relation to the work executed i.e.. Formation to y Internal Roads for Block-15 to Block-16 of VMC Layout in Velagaleru (V) of G.Konduri (V) immediately, pending disposal of the Writ Petition. Counsel for the Petitioner: SRI CHERUVU CHAITANYA BHARGAVA SARMA Counsel for the Respondent No.1: GP MUNCIPAL ADMN AND URBAN amounts DEV Counsel for the Respondent No.2: GP FOR REVENUE Counsel for the Respondent Nos. 3 & 4; SRI E V JAGANNADHA RAO (SC FOR APSHCL) Counsel for the Respondent Nos. 5 & 6: SRI A S C BOSE, SC FOR MUNICIPAL CORPORATIONS Counsel for the Respondent No.7: GP FOR FINANCE & PLANNING The Court made the following: ORDER APHC010307412024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY ,THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 15477/2024 Between: 1.RAGHAVA PROJECT CONSTRUCTIONS PVT LTD, REP. BY ITS MANAGING DIRECTOR, B. RAGHAVA RAO, S/0. B. VENKATESWARA RAO, AGED ABOUT 50 YEARS, D.NO.40-26-21 A, VANASIKAM, SREERAMA NAGAR, LABBIPET, BESIDE P AND T COLONY, VIJAYAWADA - 520 010 . ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, A.P SECRETARIAT AT VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT V 2. THE DISTRICT COLLECTOR, NTR DISTRICT AT VIJAYAWADA 3.THE MANAGING DIRECTOR, A.P. STATE HOUSING CORPORATION LIMITED, VIJAYAWADA, NTR DISTRICT 4.THE PROJECT DIRECTOR, A.P. STATE HOUSING CORPORATION LIMITED, VIJAYAWADA, NTR DISTRICT 5.THE SUPERINTENDING ENGINEER, VIJAYAWADA MUNICIPAL CORPORATION VIJAYAWADA, NTR DISTRICT 6.THE EXECUTIVE ENGINEER, VIJAYAWADA MUNICIPAL CORPORATION VIJAYAWADA, NTR DISTRICT 7.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, A.P SECRETARIAT AT VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT ...RESPONDENT(S): 2 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No. 15477 OF 2024 ORDER: The Writ Petition is filed questioning inaction of the respondents in withholding an amount of Rs.45,20,265/-, even after finalizing the bills payable to the Petitioner in relation to work i.e., “Formation to Internal Roads for Block-15 to Block-16 of VMC Layout in Velagaleru (V) of G. Konduri (V) vide Agreement No.SE/93/2022-23, dated 19.01.2023". 2. The petitioner had entered into agreement with respondent No.5 vide Agreement No.SE/93/2022-23 on 19.01.2023 for formation to Internal Roads for Block-15 to Block-16 of VMC Layout in Velagaleru Village of G.Konduri Village, Andhra Pradesh for an amount of Rs.73,08,229.56/-. The petitioner pursuant to the agreement, executed the work within the time specified and handed over the same to the respondent No.5. As per the work executed by the petitioner, an amount of Rs.45,20,265/- was due to be paid. As these 1 amounts are not have been paid, the present writ petition is filed. 3. When the matter is taken up for hearing, the learned Standing Counsel passed on written instructions received by him, signed by the Superintending Engineer, Municipal Corporation, Vijayawada, wherein it was mentioned that the execution of work was admitted. It was also mentioned in the letter that the contractor had executed the work for an amount of Rs.45,20,265/- which is inclusive of Statutory and Non-Statutory deductions. It is further stated that the bill was forwarded to A.P. State Housing Corporation Limited for payment 3 of the money in April, 2024. It is further stated that the A.R State Housing Corporation Limited is required to take necessary action for payment of said bill to the petitioner. 4. In view of the aforesaid submissions and also considering the fact there is no dispute with regard to the execution of work the Petitioner and also taking note of the fact that the between the respondent No.5 that the amounts due to agreement was entered behalf of the Municipal Corporation, this Court is inclined to dispose of the Writ Petition with the following direction; on (i) The Respondents are directed to pay the amounts due to the Petitioner within a period of four (04) months from the date of copy of this order. receipt of the There shall be no order to costs. Consequently, miscellaneous as applications, if any, pending shall stand closed. SdA KJ.RAJA 6ASU ASSISTANT REGISTRAR //TRUE COPY// SEC OFFICER To, 1. The Principal Secretary, Municipal Administration and Urban Development Department, A.P Secretariat at Velagapudi, Amaravathi Guntur District V 2. The District Collector, NTR District at Vijayawada 3. The Managing Director, A.P. State Housing Corporation Limited Vijayawada, NTR District Project Director, A.P. State Housing Corporation Limited, Vijayawada, NTR District VijlyaSl"NTR District"®'"®®'’ Municipal Corporation Executive Engineer, Vijayawada, NTR District. / ' ■ 6. The Vijayawada Municipal Corporation \ 7. The Principal Secretary, Finance and Planning Department, A.P Secretariat at Velagapudi, Amaravathi, Guntur District 8. One CC to Sri Cheruvu Chaitanya Bhargava Sarma Advocate [OPUC] 9. Two CCs to GP for Muncipal Admn and Urban Dev, High Court of Andhra Pradesh. [OUT] 10. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] [OUT^^^ Finance & Planning, High Court of Andhra Pradesh. 12. One CC to Sri ASC Bose, SC for Municipal Corporations, Advocate [OPUC] 13. One CC to Sri E V Jagannadha Rao, SC for APSHCL, Advocate [OPUC] 14. Three CD Copies TF HIGH COURT DATED:30/04/2025 ORDER WP.No.15477 of 2024 DISPOSING OF THE W.P., WITHOUT COSTS