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2025 DAILYLAW 46833 (AP)

M/s A.V.R Constructions, v. The State of Andhra Pradesh,

WP/6913/2024 · 2025-09-14

V Sujatha

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010133022024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY,THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 6913/2024 Between: 1. M/S A.V.R CONSTRUCTIONS,, REP. BY IS MANAGING PARTNER, ALAM VENKATARAMANA, S/O. ALAM VENKATAIAH, AGED ABOUT 55 YEARS, OCC- CONTRACTOR, O/O.D.NO. 1-699-A, ADCC BANK COLONY, ANANTAPURAMU, ANANTAPURAMU DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETAIY (IRRIGATION DEPARTMENT), SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY ( FINANCE DEPARTMENT), SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE ENGINEERINCHIEF IRRIGATION, WATER RESOURCES DEPARTMENT, VIJAYAWADA. KRISHNA DISTRICT. 4. THE SUPERINTENDENT ENGINEER, WATER RESOURCES DEPARTMENT, IRRIGATION CIRCLE, ANANTAPUR, ANANTAPUR DISTRICT. 5. THE EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, I.B DIVISION, DHARMAVARAM, ANANTAPUR DISTRICT. 6. THE EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, LB DIVISION, PENUKONDA, ANANTAPUR DISTRICT. 2 VS,J W.P.NO.6913 OF 2024 7. THE CHAIRMAN, COMPREHENSIVE FINANCIAL MANAGEMENT SYSTEM ( CFMS ) STATE OF ANDHRA PRADESH, IBRAHIMPATNAM, VIJAYAWADA.. ...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 tomay be pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in not releasing and not crediting the amounts even after finalizing the bills, payable to the petitioner in relation to the execution of works under the schem of Neeru Chettu i.e vide Agreement No. 211 SEA/2018-19, dated 08- 03-2019, Agreement No. 08 SEA/2019-20, dated 30- 12-2019, Agreement No. 219 SEA/2018-19, dated 08-03-2019, Agreement No. 167 SEA/2018-19, dated 02-01-2019 and Agreement No. 218 SEA/2018-19, dated 08-03-2019 which is total net amount Rs. 1,77,62,028 as illegal, arbitrary, violation of Principles of Natural Justice, Violation of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the Official Respondents to pay amount due to the petitioner in respect of execution of afore mentioned works forthwith along with interest of 12percent per annum and to 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 may be pleased to direct the respondents to forthwith release the bill amounts to the petitioner in relation to the execution of works i.e vide Agreement No. 211 SEA/2018-19, dated 08- 03-2019, Agreement No. 08 SEA/2019-20, dated 30-12-2019, Agreement No. 219 SEA/2018-19, dated 08-03-2019, Agreement No. 167 SEA/2018-19, dated 02-01-2019 and Agreement No. 218 SEA/2018-19, dated 08-03-2019 which is total net amount Rs. 1,77,62,028 pending disposal of the above writ petition 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 may be pleased to permit/receive counter copies on record by granting leave to the Respondent in the above writ petition and pass Counsel for the Petitioner: 3 VS,J W.P.NO.6913 OF 2024 1. BANDI SRIHARI Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING 2. GP FOR IRRIGATION COMM AREA DEV The Court made the following: 4 VS,J W.P.NO.6913 OF 2024 ORDER:- This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “....…to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in not releasing and not crediting the amounts even after finalizing the bills, payable to the petitioner in relation to the execution of works under the scheme of Neeru Chettu i.e vide Agreement No.211 SEA/2018-19, dated 08-03-2019, Agreement No.08 SEA/2019-20, dated 30-12-2019, Agreement No.219 SEA/2018-19, dated 08-03-2019, Agreement No.167 SEA/2018-19,dated 02-01-2019 and Agreement No.218 SEA/2018-19, dated 08-03-2019 which is total net amount Rs.”1,77,62,028” as illegal, arbitrary, violation of Principles of Natural Justice, Violation of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the Official Respondents to pay amount due to the petitioner in respect of execution of afore mentioned works forthwith along with interest of 12 % per annum and to pass....” 2. Today, when the matter is came up for hearing, learned counsel for the petitioner has stated that pending writ petition, the admitted amounts has already been paid to the petitioner. 3. Recording the said submissions, no further adjudication is required in this writ petition. 4. Accordingly, the writ petition is closed. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ____________________ JUSTICE V.SUJATHA Date :15.09.2025 LSP 5 VS,J W.P.NO.6913 OF 2024 266 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 6913/2024 Date :15.09.2025 LSP