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2025 DAILYLAW 47284 (AP)

Anne Sunil Kumar, v. The State of Andhra Pradesh

WP/22216/2024 · 2025-08-13

K Sreenivasa Reddy

body2025

Judgment text

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APHC010427052024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 22216 OF 2024 Hs Between: Anne Sunil Kumar. S/o Sambasiva Rao, Aged 41 years. Occ- Contractor, R/o.6-199, Near Ganganammma Temple, Pedavadlapudi Guntur District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Finance and Planning, Secretariat, Amaravati, Guntur District. 2. The Vice Chancellor, Acharya Nagarjuna University, Nagarjuna Nagar, Guntur District. 3. The Registrar, Acharya Nagarjuna University, Nagarjuna Nagar, Guntur District. 4. The Finance Officer, Acharya Nagarjuna University, Nagarjuna Nagar, Guntur District. 5. The Executive Engineer Civil, Acharya Nagarjuna University, Nagarjuna Nagar, Guntur District. ...Respondents 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 to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents in Rs.15,79,968/-even after finalizing the bills, payable withholding the payment of to the petitioner in relation to the work i.e Additional items to Construction of New Reading Hall at Indira Priya Dharshini Ladies Hostel in ANU Campus, vide agreement No.ANU/Engg/UE/Agt-224/2024, dated 02.02.2024 as illegal, arbitrary and consequently direct the respondents to consider for payment of Rs. 15,79,968/- with interest @12percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to consider for payment of final Bill amounts Rs. 15,79,968/- with interest @12% per annum for the delayed amount to the petitioner in respect of execution of works “Additional items to Construction of New Reading Hall at Indira Priya Dharshini Ladies Hostel in ANU Campusvide agreement No.ANU/Engg/UE/Agt-224/2024 02.02.2024, pending disposal of the Writ Petition. dated Counsel for the Petitioner: SRI SRAVAN KUMAR NAIDANA Counsel for the Respondent No.1:GP FOR FINANCE & PLANNING Counsel for the Respondents No.2 to 5: SRI M.CHALAPATHI (SC For Nagarjuna University ) The Court made the following order: APHC010427052024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] THURSDAY, THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 22216/2024 Between: 1.ANNE SUNIL KUMAR,, S/0 SAMBASIVA RAO, OCC- CONTRACTOR, R/0.6-199 PEDAVADLAPUDI, AGED 41 NEAR GUNTUR YEARS, GANGANAMMMA TEMPLE, DISTRICT. ...PETITIONER AND ITHE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT, AMARAVATI, GUNTUR DISTRICT. 2.THE VICE CHANCELLOR, ACHARYA NAGARJUNA UNIVERSITY, NAGARJUNA NAGAR, GUNTUR DISTRICT. 3.THE REGISTRAR, ACHARYA NAGARJUNA UNIVERSITY, NAGARJUNA NAGAR, GUNTUR DISTRICT. 4.THE FINANCE OFFICER, ACHARYA NAGARJUNA UNIVERSITY, NAGARJUNA NAGAR, GUNTUR DISTRICT. 5.THE EXECUTIVE ENGINEER CIVIL, ACHARYA NAGARJUNA UNIVERS TY, NAGARJUNA NAGAR, 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 tomay be pleased to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents in withholding the payment of Rs.15,79,968/-even after finalizing the bills, payable to the petitioner in relation to the work i.e Additional items to Construction of New Reading Hall at Indira Priya Dharshini Ladies Hostel in ANU Campus, vide agreement No.ANU/Engg/UE/Agt-224/2024, dated 02.02.2024 as illegal, arbitrary and consequently direct the respondents to consider for payment of Rs. 15,79,968/- with interest @12percent per annum for the delayed 2 amount to the petitioner in respect of execution of above-nnentioned work forthwith and pass lA NO: 1 OF 2024 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 consider for payment of final Bill amounts Rs. 15,79,968/- with interest @12% per annum for the delayed amount to the petitioner in respect of execution of works “Additional items to Construction of New Reading Hall at Indira Priya Dharshini Ladies Hostel in ANU Campusvide agreement No.ANU/Engg/UE/Agt-224/2024, dated 02.02.2024, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1.SRAVAN KUMAR NAIDANA Counsel for the Respondent(S); 1.M.CHALAPATHI SC For Nagarjuna University 2.GP FOR FINANCE PLANNING The Court made the following: Petition under Section 151 CPC 3 ORDER This Writ Petition is filed seeking to declare the respondents in withholding the payment of Rs. 15,79,968/- even after finaiizing the bills, payable to the petitioner in relation to the work i.e. action of additional items for construction of New Reading Hall Priyadharshini Ladies Hostel in ANU Campus vide Agreement No.ANU/Engg/UE/Agt-224/2024. dated 02.02.2024 at Indira as illegal and arbitrary and consequently, direct the respondents to consider the payment of the said sum with interest at the rate of 12% the delay occurred. per annum for 2. Today, when the matter is taken up for hearing, Sri Sravana Kumar Naidana, learned counsel for the petitioner would submit that the amount, in respect of the work done, has been paid to the petitioner and cause of action does not survive and in view of the said reason, no orders are required to be passed in the present Writ Petition. 3. Recording the said submission, the Writ Petition is closed. No costs. 4. As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition, shall stand closed. Sd/- K SRINIVASA RAJU assistant registrar SECTION OFFICER //TRUE COPY// To, 1. One CC to SRI. SRAVAN KUMAR NAIDANA, Advocate [OPUC] 2. One CC to SRI. M.CHALAPATHI, (SC For Nagarjuna University), Advocate [OPUC] 3. Two CCs to GP FOR FINANCE & PLANNING, High Court of Andhra Pradesh [OUT] 4. Two CD Copies NM 7/ <1^ HIGH COURT DATED: 14/08/2025 ORDER WP NO. 22216 OF 2024 d 2 9 OCT 2025 )g S^C^irrent CLOSING THE WP WITHOUT COSTS