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2025 DAILYLAW 49233 (AP)

GURUKESHAV INFRA PVT LTD v. THE STATE OF ANDHRA PRADESH

WP/17661/2024 · 2025-09-24

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010338162024 0^ ^ IN THE HIGH COURT OF ANDHRA PRADESH ' AT AMARAVATI (Special Original Jurisdiction) o .9 Mo % & THURSDAY, THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 17661 OF 2024 Between: Gurukeshav Infra Pvt Ltd, Rep. its Authorized signatory S.Kamal Basha S/o S.AIIi, age 52 years, Occ Contractor, R/o H.No.27-972/1, Telecom Colony, Chittoor, Chittoor District. ...Petitioner and 1 The State of Andhra Pradesh, Rep. by Principal Secretary, Municipal Administration and Urban Development Velagapudi, Amaravathi. 2. The Chittoor Municipal Corporation, Rep. by its Commissioner at Chittoor, Chittoor District. 3. The Executive Engineer, * Municipal Corporation, Chittoor, Chittoor District. 4. The State of Andhra Pradesh, , Rep. by its Principal Secretary, Finance & Planning, Secretariat Buildings, Velagapudi, Amaravathi Secretariat Buildings, ...Respondents Petition under Article 226 of the Constitution of India is filed praying that may in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the r respondents in non-payment of Rs.6,69,761/- under the M.Book No.226/2023-24, including quality control holding amounts, for the works done by the petitioner for fixing of kerb wall for both sides of CC road in Lakshmi Nagar Colony, Division No.09, in Chittoor Municipal Corporation, Chittoor District, as illegal, arbitrary, violation of principles of natural justice, contrary to the Rules and Regulations there under and consequently direct the respondents to pay an amount of Rs.6,69,761/- under M.Book No.226/2023-24, including quality control holding amounts. 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 Rs.6,69,761/- as per the M.Book No.226/2023-24, pending disposal of the writ petition. Counsel for the Petitioner: SRI K V L NARASIMHA RAO Counsel for the Respondent No.1: GP MUNCIPAL ADMN AND URBAN DEVAP Counsel for the 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 APHC010338162024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) BME [3457] B THURSDAY,THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 17661/2024 Between: 1.GURUKESHAV INFRA PVT LTD, REP. BY ITS AUTHORISED SIGNATORY S.KAMAL BASHA S/0 S.AIII, AGE 52 YEARS, OCC CONTRACTOR, R/O H.NO.27-972/1, CHITTOOR, CHITTOOR DISTRICT. TELECOM COLONY ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY SECRETARY, MUNICIPAL ADMINISTRATION AND DEVELOPMENT, SECRETARIAT BUILDINGS, AMARAVATHI. PRINCIPAL URBAN VELAGAPUDI, 2.THE CHITTOOR MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER AT CHITTOOR, CHITTOOR DISTRICT. 3.THE EXECUTIVE ENGINEER, MUNICIPAL CHITTOOR, CHITTOOR DISTRICT. CORPORATION, 4.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING, BUILDINGS, VELAGAPUDI, AMARAVATHI SECRETARIAT ...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 2 respondents in non-payment of Rs.6,69,761/- under the M.Book No.226/2023-24, including quality control holding amounts, for the done by the petitioner for fixing of kerb wall for both sides of CC road i Lakshmi Nagar Colony, Division No.09, in Chittoor Municipal Corportion, Chittoor District, as illegal, arbitrary, violation of principles of natural justice, contrary tothe Rules and Regulations there under and consequently direct the respondents works in to pay an amount of Rs.6,69,761/- under M.Book No.226/2023- 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 r channel by issuing the pass order for Rs.6,69,761/- as per the M.Book No.226/2023-24, pending disposal of the writ petition and Counsel for the Petitioner: 1.K VL NARASIMHA RAO Counsel for the Respondent{S): 1.JDILEEP KUMAR 2.GP MUNCIPAL ADMN AND URBAN DEV AP 3.GP FOR FINANCE PLANNING a proper pass 3 <• THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 17661 of 2024 ORDER: 1. The petitioner is aggrieved by the action of the respondents in non payment of Rs.6,69,761/- under the M.Book No.226/2023-24, including quality control holding amounts, for the works done by the petitioner for fixing of kerb wall for both sides of CC road in Lakshmi Nagar Colony, Division No.09, 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 f 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 Development, the learned Standing Counsel for the Corporation and the learned Assistant Government Pleader for Finance and PlanniQa. 4 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 REGISTRAR 'V' //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, State of Andhra Pradesh Administration Velagapudi, Amaravathi. 2. The Commissioner, Chittoor Municipal Corporation, at Chittoor, Chittoor District. 3. The Executive Engineer, Municipal Corporation, Chittoor, Chittoor District. 4. The Principal Secretary, State of Andhra Pradesh, Finance & Planning, Secretariat Buildings, Velagapudi, Amaravathi 5. One CC to SRI K V L NARA$IMHA 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 Municipal Secretariat Buildings, and Urban Development gsg HIGH COURT DATED:25/09/2025 ORDER WP NO. 17661 OF 2024 ^ 0 5 NOV 2025 ^ ^*sCi!mnt Sectte -to DISPOSING OF THE WP WITHOUT COSTS