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2025 DAILYLAW 46902 (AP)

M/s Sri Garuda Projects, v. The State of Andhra Pradesh,

WP/14267/2024 · 2025-09-24

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010275902024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 14267 OF 2024 Between: M/s Sri Garuda Projects, Rep. by its Managing Partner A.Sirish Kumar S/o late Ananda Reddy, age 48 years, Occ. Contractor, R/o Varadarajulapalle Village, Mapakshi post, Chittoor Mandal and District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by Principal Secretary, Municipal Urban Development, Secretariat Buildings, Administration and Velagapudi, Amaravathi. 2. The Chittoor Municipal Corporation, Rep. by its Commissioner, Chittoor, Chittoor District. 3. The Executive Engineer, Municipal Corporation, Chittoor, Chittoor District. 4. The State of Andhra Pradesh, Rep. by Principal Secretary, Finance and Planning Development, Secretariat Buildings Velagapudi, Amaravathi. ...Respondents Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or direction more particularly A' one in the nature of Writ of Mandamus declaring the action of the respondents in non-compliance of payment of Rs. 18,61,800/- as per the M.Book No.265/2023-24, dated 13-05-2024, including quality control holding amounts, for the works done by the petitioner for Transportation of water through hired water tanker with the capacity of 4500 letters to 5000 letters including water charges, fuel charges, driver charges and incidental charges etc., in Chittoor Municipal Corporation, Chittoor District, as illegal, arbitrary, violation of principles of natural justice, contrary to the Rules and Regulations contemplated there under and consequently direct the respondents to pay an amount of Rs. 18,61,800/- as per the M.Book No.265/2023-24, including quality control holding amounts. r lA NO: 1 OF 2024 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to release the funds through a proper channel by issuing the pass order for an amount of Rs.18,61,800/- as per the M.Book No.265/2023-24, including quality control holding amounts, pending disposalof the writ petition. Counsel for the Petitioner: SRI K V L NARASIMHA RAO Counsel for the Respondent No.1: GP MUNCIPAL ADMN AND URBAN DEV AP Counsel for Respondents No.2 & 3: SRI J DILEEP KUMAR Counsel for the Respondent No.4: GP FOR FINANCE & PLANNING The Court made the following order; 1 APHC010275902024 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: 14267/2024 Between: 1.M/S SRI GARUDA PROJECTS,, REP. BY ITS MANAGING PARTNER A.SIRISH KUMAR S/0 LATE ANANDA REDDY, AGE 48 YEARS, OCC CONTRACTOR, R/0 VARADARAJULAPALLE VILLAGE, MAPAKSHI POST, CHITTOOR MANDAL AND DISTRICT. ...PETITIONER AND PRINCIPAL URBAN VELAGAPUDI, 1.THE STATE OF ANDHRA PRADESH, REP. BY SECRETARY, MUNICIPAL ADMINISTRATION AND DEVELOPMENT, SECRETARIAT BUILDINGS, AMARAVATHI. 2.THE CHITTOOR MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, CHITTOOR, CHITTOOR DISTRICT. CORPORATION, 3.THE EXECUTIVE ENGINEER, MUNICIPAL CHITTOOR, CHITTOOR DISTRICT. 4.THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY, FINANCE AND PLANNING DEVELOPMENT, SECRETARIAT BUILDINGS VELAGAPUDI, AMARAVATHI. ...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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in non-compliance of payment of Rs. 18,61,800/- as per the M.Book No.265/2023-24, dated 13-05-2024, including quality control holding amounts, for the works done by the petitioner for Transportation of water through hired water tanker with the capacity of 4500 letters to 5000 letters including water charges, fuel charges, driver charges and incidental charges " Chittoor Municipal Corportion, Chittoor District, as illegal, arbitrary, violation of principles of natural justice, contrary to the Rules and Regulations contemplated there under and consequently direct the respondents to pay an amount of Rs. 18,61,800/- as per the M.Book No.265/2023-24, including quality control holding amounts, and pass lA 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 to release the funds through a proper channel by issuing the pass order for an amount of Rs. 18,61,800/- as per the M.Book No.265/2023-24, including quality control holding amounts disposal of the writ petition and pass Counsel for the Petitioner: 1.K VL NARASIMHA RAO Counsel for the Respondent(S): 1.J DILEEP KUMAR 2.GP MUNCIPAL ADMN AND URBAN DEV AP 3.GP FOR FINANCE PLANNING etc., in pending THE HONOURABLE SRI JUSTICE HARiNATH.N WRIT PETITION NO: 14267 nf 9n9d ORDER: 1. The petitioner is aggrieved by the action of the respondents in non- compliance of payment of Rs.18,61,800/- as per the M Book No.265/2023-24, dated 13.05.2024, including quality control holding amounts for the works done by the petitioner for Transportation of water through hired water tanker with the capacity of 4500 letters to 5000 letters including water charges fuel charges driver charges and incidental charges etc in Chittoor Municipal Corporation, Chittoor District. 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. The learned counsel appearing on behalf of the 8th respondent has submitted the counter affidavit in the matter and has acknowledged that the bills in question have been admitted by the respondent. 4. 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. 5. 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. 6. 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. 7. Accordingly, the writ petition is disposed of. No costs. Pending miscellaneous petitions, if any, shall stand closed. Sd/- B CHITTI JOSEPH DEPUTY RE^^TRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, State of Andhra Administration and Urban Development, Velagapudi, Amaravathi. 2. The Commissioner, Chittoor Municipal Corporation, Chittoor Chittoor District. 3. The Executive Engineer, Municipal Corporation, Chittoor Chittoor District. Pradesh, Municipal Secretariat Buildings, 4. The Principal Secretary, State of Andhra ^ Pradesh, Finance and Planning Development, Secretariat Buildings Velagapudi, Amaravathi. 5. One CC to SRI K V L NARASIMHA RAO Advocate [OPUC] 6. One CC to SRI J DILEEP KUMAR Advocate [OPUC] 7. Two CCs to GP FOR MUNCIPAL ADMN AND URBAN DEV, High Court of Andhra Pradesh [OUT] 8. Two CCs to GP FOR FINANCE & PLANNING High Court of Andhra Pradesh [OUT] 9. Two CD Copies gsg HIGH COURT DATED:25/09/2025 ORDER WP NO. 14267 OF 2024 ig 13 m m mis V5^ CO DISPOSING THE WP WITHOUT COSTS