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2025 DAILYLAW 46071 (AP)

SREE VENKATA LAKSHMI NARAYANA DEVELOPERS v. THE STATE OF AP

WP/25341/2025 · 2025-09-22

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 APHC010484232025 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: 25341/2025 Between: 1. SREE VENKATA LAKSHMI NARAYANA DEVELOPERS, REP. BY ITS PROPRIETOR KORRAPATI SRINIVASA RAO, S/O DEVAIAH, AGED ABOUT 44 YEARS, R/O THUMMALAPALEM VILLAGE, PRATHIPADU MANDAL, GUNTUR 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 CFMS, 6TH FLOOR, C BLOCK, ANJANEYA TOWERS, IBRAHIMPATNAM, KRISHNA DISTRICT, REP. BY ITS CHAIRMAN. 4. THE COMMISSIONER AND DIRECTOROF MUNICIPAL ADMINISTRATION, ANDHRA PRADESH AT TADEPALLI, GUNTUR DISTRICT. 5. THE DISTRICT COLLECTOR CUM DISTRICT ELECTION OFFICER, GUNTUR, GUNTUR DISTRICT 6. THE DIVISIONAL ADMINISTRATIVE OFFICER, REVENUE DIVISIONAL OFFICER, GUNTUR 7. THE ADDITIONAL COMMISSIONER AND RETURNING OFFICER, 95-GUNTUR EAST ASSEMBLY CONSTITUENCY GUNTUR MUNICIPAL CORPORATION, GUNTUR. 8. THE COMMISSIONER, GUNTUR MUNICIPAL CORPORATION 2 GUNTUR 9. THE EXECUTIVE ENGINEER, GUNTUR MUNICIPAL CORPORATION, GUNTUR. 10. THE SUPERINTENDENT ENGINEER, GUNTUR MUNICIPAL CORPORATION, GUNTUR. ...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 due amount of Rs.17,87,037/- (Rupees Seventeen Lakhs Eighty Seven Thousand and Thirty Seven Only) payable to petitioner society in relation to 4 works for respondents by the petitioner, even after finalizing the bills, as illegal, arbitrary, unconstitutional and consequently direct the Respondents herein to immediately pay the due amount of Rs.17,87,037/- (Rupees Seventeen Lakhs Eighty Seven Thousand and Thirty Seven Only) payable to petitioner in relation to the 4 works with an interest 12 percentage per annum and pass 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 pleased to direct the Respondents herein to release the due amount of Rs.17,87,037/- (Rupees Seventeen Lakhs Eighty Seven Thousand and Thirty Seven Only) payable to petitioner in relation to 4 works, within a stipulated time frame and pass Counsel for the Petitioner: 1. VENKATA DURGA RAO ANANTHA Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP MUNCIPAL ADMN AND URBAN DEV AP 3. GP FOR FINANCE PLANNING 3 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 25341 of 2025 ORDER: 1. The petitioner is aggrieved by the action of the respondents in not paying the due amount of Rs.17,87,037/- (Rupees Seventeen Lakhs eighty Seven thousand and Thirty Seven Only) payable to petitioner society in relation to four works for respondents by the petitioner, even after finalizing the bills. 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. 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. 4 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 5 656 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 25341 of 2025 Date: 23.09.2025 NKA