IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) ^ WEDNESDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE Y'’ PRESENT THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 16988 OF 2024 Between: M/s. Thirumala Constructions, H.No. 1/92-430, Dwaraka Nagar, Ananthapuram, Ananthapuram Dist, Represented by Managing Partner Anthapu Somi Reddy, S/o Anthapu Obi Reddy, Aged about 40 years, Occ- Contractor, D.No. 1-430, Dwaraka Nagar, Ananthapuram, Ananthapuram Dist, Andhra Pradesh State-515001. ...PETITIONER AND 1. The State of AP, Rep. by its Principal Secretary, Municipal and Urban Development Department, Secretariat Buildings, Velagapudi, Amnravathi. 2. State of AP, Rep. by its Principal Secretary, Finance Department, Secretariat Buildings, Velagapudi, Amaravathi. 3. The Commissioner and Director, Municipal and Urban Development Department, Government of Andhra Pradesh, 3,4,5 Floors, Prime Hill Crest, Vaddesvaram, Guntur District. 4. The Dharmavaram Municipality, Rep by its Commissioner, Dharmavaram, Sri Satya Sai District (Formerly Ananthapuram District) 5. The Executive Engineer, Dharmavaram Municipality, Sri Satya Sai District. (Formerly Ananthapuram 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 order or direction, more particularly in the nature of writ of Mandamus, declaring the action of the Withholding the admitted balance respondent authorities in payment even after finalizing the bills Payabe , , 9 ble market and commercial shops at old vegetable Dharmavaram D.., s„ s.,„ 3. 0.. JZZ agreement no.92/2021-2022 arbitrary and violation of ori 14, 19 and 21 of the dated 18.12.2021 as the same is illegal, principles of natural justice and violation Constitution of India of Article consequently direct the respondents to release of admitted amount Rs. 1,38,38,281/- (Rupees One Crore Thirty eight lakhs thirty eight thousand one Only) with interests to the and two hundred and eighty petitioner firm. lA NO: 1 OF 9n9A Petition under Section -zzz "*7—“—'»— • u ' (Rupees One Crore Thirty eight lakh«5 eight thousand and two hundred and eighty one Only) forthwith disposal of the above writ petition. Counsel for the Petitioner: Counsel for the Respondent Nos. 151 CPC praying that in the circumstances may be thirty pending SRI DASARI S VV S V PRASAD 1 & 3; GP FOR MUNCIPAL ADMN URBAN DEV AND Counsel for the Respondent No. Counsel for the Respondent 2; GP FOR FINANCE & PLANNING Nos. 4 & 5: SRI G LAKSHMI NARAYANA for MUNICIPALITIES) (SC The Court made the following: ORDER APHC010334552024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) WEDNESDAY ,THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 16988/2024 [3460] Between: THIRUMALA CONSTRUCTIONS, H.NO, '''92-430,DWARAKA NAGAR ANANTHAPURAM, ANANTHAPURAM DIST, ■ MANAGING PARTNER ANTHAPU SOMI REDDY, REDDY, AGED ABOUT 40 YEARS, OCC-CONTRACTOR, D.NO. 1-430, DWARAKA NAGAR, ANANTHAPURAM, ANANTHAPURAM DIST, ANDHRA PRADESH STATE-515001. 1. ...PETITIONER AND 1 THF STATE OF AP REP. BY ITS PRINCIPAL SECRETARY, 1.THE STATE Oh AP, K j^^^^lOPMENT DEPARTMENT, and urban SECRETARIAT BUILDINGS, VELAGAPUDI, AMNRAVATHI. ITS PRINCIPAL SECRETARY, FINANCE VELAGAPUDI, 2.STATE OF AP, REP. BY DEPARTMENT. AMARAVATHI. BUILDINGS, SECRETARIAT DIRECTOR, MUNICIPAL AND URBAN GOVERNMENT OF ANDHRA 3.THE COMMISSIONER AND DEVELOPMENT DEPARTMENT, PRADESH, 3.4,5 FLOORS, PRIME HILL CF^EST, VADDESV/ARAM, GUNTUR DISTRICT. MUNICIPALITY, REP BY ITS COMMISSIONER. DISTRICT (FORMERLY 4.THE DHARMAVARAM DHARMAVARAM, ANANTHAPURAM DISTRICT) SRI SATYA SAI 5 THE EXECUTIVE ENGINEER, DHARMAVARAM MUNICIPALITY, SRI SATYA SAI DISTRICT. (FORMERLY ANANTHAPURAM DISTRICT ...RESPONDENT(S): 2 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No. 16988 OF 20?d ORDER: The Writ Petition is filed questioning petitioner in relation to the work i non payment of amounts due to the Construction of vegetable market and commercial shops at old vegetable market in Dharmavaram Municipality, Dharmavaram, Sri Satya Sai District vide Agreement i.e No.92/2021-2022, dated 18.12.2021 as illegal and arbitrary. 2. Petitioner had entered into the Agreement No.9212021-2022, dated 18. agreement with respondent No.4 vide 12.2021 for “Construction of vegetable market and commercial shops at old vegetable market in Dharmavaram Municipality’ as mentioned above. The admitted value of the work was Rs.7,55,00,000/-. 3. Learned counsel for the petitioner submits made in terms of the agreement and that the construction was an amount of Rs.6,02,63,171/- was paid to the petitioner by the respondent-Municipality. However, an amount of Rs.1,38,38,281/- is still pending. Hence, the present writ petition is filed. 4. In the counter affidavit filed by Respondent No. Para No.3 that the petitioner has 4, it was admitted at completed the work in all aspects and the total work done by the petitioner was Rs.7,41,01,452.00/- and Rs.6,02,20,804/- an amount of was already paid to the petitioner. An amount of Rs.1,38,38,281.00/- was not paid to the petitioner as no auctioneer 3 participated in the auction of the shops constructed through the petitioner and as such the Municipality could not make payment. 5. In view of the above and also dispute with regard to the execution of work Petitioner, this Court is considering the fact that there is no and the amount due to the inclined to dispose of the Writ Petition with the following direction; (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 as to costs. Consequently, miscellaneous applications, if any, pending shall stand closed. Sd/- K.J. RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// ION OFFICER To SECT DepartmTnriecrete^alBSlidings^TelagapuSi^m™ Department, Secretariat Buildings, 2. The Principal Secretary, Finance Velagapudi, Amaravathi. Development Cre'st, VaddesvS GuLr DiSwct " Dhatmavatam , Sri 5fsllc'i’'?FT;mlr,y A^n'^nfhapSfrjD^^^ Municipality, Sri Satya 6. One CC to Sri Dasari S VV S V Muncipal Andhra Pradesh. [OUT] ^ [OUT]^^® Finance Sc Saj Prasad, Advocate [OPUC] Admn and Urban Dev, High Court of Planning, High Court of Andhra Pradesh. Narayana, SC for Municipalities, Advocate Sri G Lakshmi 10. Three CD Copies TF >» HIGH COURT DATED;30/04/2025 ORDER WP.No.16988 of 2024 DISPOSING OF THE W.P., WITHOUT COSTS