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2025 DAILYLAW 46007 (AP)

M/S.Sri Sarayu Infra Structures and Developers, v. The State of Andhra Pradesh,

WP/26203/2025 · 2025-09-22

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 APHC010507802025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 26203/2025 Between: 1. M/S.SRI SARAYU INFRA STRUCTURES AND DEVELOPERS,, REP.BY.ITS. PROPRIETOR, SRI L.MOHAN KRISHNA REDDY S/O.BHASKAR RAMA REDDY, AGE 40 YEARS, R/O. 27-11272/9,MC RESIDENCY,BALAJI NAGAR, NELLORE DISTRICT, ANDHRA PRADESH ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPAL, ADMINISTRATION AND URBAN DEVELOPMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR. 2. THE EXECUTIVE ENGINEER, MUNICIPAL CORPORATION NELLORE, SPSR NELLORE DISTRICT. 3. THE NELLORE MUNICIPAL CORPORATION, REP.BY. COMMISSIONER, SPSR NELLORE DISTRICT. 4. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR 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 tomaybe pleased to issue an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the payments of pending amounts of Rs. 2 27,25,434/- ( Twenty Seven Lakhs, Twenty five Thousand, Four Hundred And Thirty Four Rupees only) even after finalizing the bills payable to the petitioner in relation to the works .1. Construction of cc drain from beside M.K.Ashramam to M.Hazarathaiah house at madhura nagar in division no.03 under GGMP Grant under GGMP Grant ,Agreementno.387A/2023- 24,date 1.02.2024(Rs.13.74,714/-),ll.Constraction of CC Drain from D.Padmavathi House to D.No.28.88/22 at Sri.lakshmi vigneswara nagar in division no.03 under GGMP Grant, Agreement no.333A/2023- 24,Date 23.12.2023(Rs.13,50,720/-), as bad .illegal, arbitrary, improper, unjust and against the Article 21 of constitution of india and consequently direct the respondents to pay the amounts of Rs. 27,25,434/- ( Twenty Seven Lakhs, Twenty five Thousand, Four Hundred And Thirty Four Rupees only) with interest @ 24percent per annum for the delayed amount till date of realization for the works executed by the petitioner and pass any other order or orders as this Honble Court may deem fit and proper in the facts and circumstances of the case. IA 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 may be pleased to direct the respondents to forthwith consider releasing the amounts Rs. 27,25,434/- ( Twenty Lakhs, Twenty five Thousand, Four Hundred And Thirty Four Rupees only) payable to the petitioner herein, pending disposal of the writ petition and pass such Counsel for the Petitioner: 1. DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV 2. GP FOR FINANCE PLANNING 3 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 26203 of 2025 ORDER: 1. The petitioner is aggrieved by the action of the respondents in withholding the Part II and Final payments of pending amounts of Rs.27,25,434/- (Rupees Twenty Seven Lakhs, Twenty five thousand only), even after finalizing the bills payable to the petitioner in relation to the works i) Construction of CC drain from beside M.K.Ashramam to M.Hazarathaiah house at Madhura nagar in division no.03 under GGMP Grant under GGMP Grant Agreement no.387A/2023-24 date 01.02.2024 Rs.13,74,714/-, ii) Construction of CC Drain from D.Padmavathi House to D.No.28.88/22 at Sri lakshmi vigneswara nagar in division no.03 under GGMP Grant Agreement no.333A/2023-24, date 23.12.2023 (Rs.13,50,720/-). 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 4 Development, the learned Standing Counsel for the Corporation and the learned Assistant Government Pleader for Finance and Planning. 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 six (06) 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:23.09.2025 NKA 5 653 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 26203 of 2025 Date: 23.09.2025 NKA