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2025 DAILYLAW 45849 (AP)

SADA INFRA v. THE STATE OF AP

WP/19104/2024 · 2025-09-24

Harinath N

body2025

Judgment text

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1 APHC010371422024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 19104/2024 Between: 1. SADA INFRA, D.NO. 11-25-5, NEAR ANJANEYA SWAMY TEMPLE, RAMIREDDYPET, NARASARAOPET, PALNADU DISTRICT, REP. BY ITS SOLE PROPRIETOR, INAGANTI VENKATA MADHAN MOHAN REDDY, S/O SRINIVASA REDDY, AGED ABOUT 29 YEARS, R/O 1- 400, MERIKAPUDI VILLAGE, PHIRANGIPURAM MANDAL, PALNADU DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION DEPARTMENT, A.P SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING A.P SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 3. THE ANDHRA PRADESH COMPREHENSIVE FINANCIAL MANAGEMENT SYSTEM, 6TH FLOOR, C BLOCK, ANJANEYA TOWERS, IBRAHIMPATNAM, KRISHNA DISTRICT, REP. BY ITS CHAIRMAN. 4. THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, ANDHRA PRADESH AT TADEPALLI, GUNTUR DISTRICT. 5. THE DIRECTORATE OF TREASURIES AND ACCOUNTS, 1ST FLOOR, NIDHI BHAVAN, BEHIND APLLC BUILDING, IT PARK, MANGALAGIRI, AP - 522. 503 REPRESENTED BY ITS DIRECTOR 6. PAY AND ACCOUNTS OFFICER, WORKS AND ACCOUNTS, NARASARAOPET. 7. THE DISTRICT TREASURY OFFICER, PALNADU DISTRICT. 8. THE NARASARAOPET MUNICIPALITY, REP. BY ITS 2 COMMISSIONER, NARSARAOPET, PALNADU DISTRICT. ...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 a writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not paying the admitted due amount of Rs.47,52,942/-(Forty Seven Lakhs Fifty Two Thousand Nine Hundred and Forty Two) payable to petitioner for work executed for 8TH respondent namely Providing CC Road and CC Drain from Kakumanu Towers Apartment (Pole no 471/A/1) to Jyothinikethan Church (Pole no 471/A/11) at Bypass Road in Narasaraopet Municipality under agreement Bearing No 77/2023-24 dated 27-07-2023, despite finalizing the bill, as illegal, arbitraiy, unconstitutional and consequently direct the respondents herein to immediately pay the due amount of Rs.47,52,942/- (Forty Seven Lakhs Fifty Two Thousand Nine Hundred and Forty Two) payable to petitioner in relation to the said executed for 8TH respondent under the said agreement with an interest @ 12 PERCENT per annum and pass IA 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 pleased to direct the respondents herein to release the due amount of Rs.47,52,942/-(Forty Seven Lakhs Fifty Two Thousand Nine Hundred and Forty Two) payable to petitioner for work executed for respondent namely “Providing CC Road and CC Drain from Kakumanu Towers Apartment (Pole no: 471/A/l) to Jyothinikethan Church (Pole no: 471/A/11) at Bypass Road in Narasaraopet Municipality” under agreement Bearing No 77/2023- 24 dated 27-07-2023, within a stipulated time frame and pass Counsel for the Petitioner: 1. SASANKA BHUVANAGIRI Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV 2. Sireesha Rani Vallabhaneni,Standing Counsel For Municipalities 3. GP FOR FINANCE PLANNING 3 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 19104 of 2024 ORDER: 1. The petitioner is aggrieved by the action of the respondents in not paying the admitted due amount of Rs.47,52,942/- ( Rupees Forty Seven Lakhs Fifty Two Thousand Nine Hundred and Forty Two only) payable to petitioner for work executed for 8th respondent namely Providing CC Road and CC Drain from Kakumanu Towers Apartment Pole no.471/A/1 to Jyothinikethan Church Pole no.471/A/11 at Bypass Road in Narasaraopet Municipality under agreement Bearing No.77/2023-24 dated 27.07.2023 despite finalizing the bill. 2. The learned counsel further submits that the petitioner duly executed all the works and thereafter submitted final bills. It is submitted that the final bills were duly endorsed by the competent authority. A statement detailing the works executed by the petitioner was prepared, progress of the work was recorded in the M-book and the final quality certificates were also issued in confirmation of due completion. However, in spite of the completion of all procedural formalities, the payment towards the completed works has not been released till date. 3. Heard the submissions of the learned counsel for the petitioner, the learned Government Pleader for Municipal Administration & Urban Development, the learned Standing Counsel for the Corporation and the learned Assistant Government Pleader for Finance and Planning. 4 4. During the course of hearing, the learned Standing Counsel appearing for the Corporation does not dispute the submissions made by the petitioner with respect to the completion of the work undertaken. 5. Considering the submissions, respondents are hereby directed to verify and release the payments due payable to the petitioner as expeditiously as possible preferably within a period of eight (08) weeks from the date of receipt of a copy of this order. 6. Accordingly, the writ petition is disposed of. No costs. Pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date:25.09.2025 NKA 5 276 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 19104 of 2024 Date: 25.09.2025 NKA