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2025 DAILYLAW 49704 (AP)

M/s Surya Infrastructures Kakinda v. The State of Andhra Pradesh

WP/22859/2024 · 2025-07-23

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010439612024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE TWENTY FOURTH DAY OF JULY / TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N ^ WRIT PETITION NO: 22859 OF 2024 Between: M/s Surya Infrastructures Kakinda, Rep by its Managing Partner,and contractor ,Yalla Surya Chakravarthi S/o YallaVenkata Ramakrishna aged about 36 years R/oYallavariStreet, Cinema Road, Kakinada, Kakinada dist ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary,Municipal Administration and Urban Development Department, Secretariat Buildings. Velagapudi,Amaravati. 2. The Commissioner and Director, Municipal Administration Development Department Vijayawada,NTR District. 3. The District Collector, Kakinada District, Kakinada. 4. The Municipal Corporation of Kakinada, Rep by its Commissioner Kakinada Town, Kakinada District. 5. The Superintendent Engineer, Municipal Corporation Kakinada District. 6. The Executive Engineer, Municipal Corporation, District and Urban Kakinada, Kakinada, Kakinada of Andhra Pradesh, Rep by its Principal Secretary,Finance Secretariat Buildings, Velagapudi, '75 The State Department "' ;"and ‘ Planning ■ Amaravathi. I i. ...Respondents Petition under Article 226 of the Constitution of India praying that in the stated in the affidavit filed therewith, the High Court may be Writ. Order or direction more particularly one in the nature circumstances pleased to issue a of Writ of Mandamus to declaring the action on the part of the respondents herein not releasing and pay the bill amounts worth of Rs 17,89,570.37/-with interest to the petitioner in view of the CFMSeven though works were executed and completed by the petitioner as illegal, arbitrary and violation of Article 14 16 and 21 of Constitution of India and Consequentiall y to direct the respondents to release and pay the bill amounts worth of Rs 17,89.570.37/- with interest to the petitioner forthwithinview of the CFMS 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 to direct the respondents to release and pay the bill amounts worth of Rs 17 89 570 37/-with interest to the petitioner forthwithinvew of the CFMSpending disposal of the above writ petition. Counsel for the Petitioner: M/S SAMEERA BOKKA Counsel for the Respondent No.1: GP MUNCIPAL ADMN AND URBAN DEV AP Counserfor the Respondent Nos.2 to 6: SRI M Krishna Rao, SC for ski kkd Municipal Corporations Counsel for the Respondent No.7: GP FOR FINANCE PLANNING The Court made the following order: X' vzm 0439612024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY.THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 22859/2024 Between: ^ ^/S SURYA INFRASTRUCTURES KAKINDA, REP BY ITS 'iVIANAGING partner,and contractor ,YALLA SURYA CHAKRAVARTHI S/0 yallavenkata ramakrishna aged about 36 YEARS R/OYALLAVARISTREET, CINEMA ROAD, kakinada, KAKINADA DIST ...PETITIONER AND 1,THE state of ANDHRA PRADESH, REP BY ITS PRINCIPAL URBAN BUILDINGS. secretary,municipal administration and pevelopment department, secretariat VELAGAPUDI,AMARAVATI. COMMISSIONER AND DIRECTOR, MUNICIPAL 2.THE administration and urban development department vijayawada,ntr district. 3 the district collector, KAKINADA DISTRICT, KAKINADA. 4 THE MUNICIPAL CORPORATION OF KAKINADA, REP BY ITS commissioner, KAKINADA TOWN, KAKINADA DISTRICT. 3 the superintendent engineer, MUNICIPAL CORPORATION KAKINADA, KAKINADA DISTRICT, g the executive engineer, municipal corporation, KAKINADA, KAKINADA DISTRICT 2 7.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY,FINANCE AND PLANNING DEPARTMENT 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 a Writ. Order or direction more particularly one in the nature of Writ of Mandamus to declaring the action on the part of the respondents herein, not releasing and pay the bill amounts worth of Rs 17,89,570.37/-with interest to the petitioner inview of the CFMSeven though works were executed and completed by the petitioner as illegal, arbitrary and violation of Article 14. 16 and 21 of Constitution of India and Consequentially to direct the respondents to release and pay the bill amounts worth of Rs 17,89.570.37/-with interest to the petitioner forthwithinview of the CFMS lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated m the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the respondents to release and pay the bill amounts worth of Rs 17.89,570.37/-with interest to the petitioner forthwithinvew of the CFMSpending disposal of the above writ petition Counsel for the Petitioner: 1.SAMEERA BOKKA Counsel for the Respondent{S): 1.M Krishna Rao SC for ski vzm kkd Municipal Corporations 2.GP MUNCIPAL ADMN AND URBAN DEV AP 3.GP FOR FINANCE PLANNING The Court made the following: 3 Order:- Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Finance and the learned Standing Counsel for the respondent-corporation. Learned counsel for the petitioner submits that the petitioner has completed the works, by the respondent-Corporation, and has submitted the 2. final bills. 3. It is submitted that a total amount of Rs. 17,89,570.37/- is due and payable by the respondent-Cuiorporation to the petitioner on account of the completion of the aforesaid works. However, the said amount has not been paid. 4. Considering the submissions, there shall be a direction to the respondents to verify and release the payments as expeditiously as possible preferably within a period of eight (08) weeks from the date of receipt of a copy of this order. 5. Accordingly, this Writ Petition is disposed off. There shall be no order as to costs. 4 As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- K J RAJA BABU assistant SECTION OFFICER //TRUE COPY// To, 1. The Principal Secretary,Municipal Administration Development Department, Secretariat Buildings. Velagapudi,Amaravati. 2. The Commissioner and Director, Municipal Administration and Urban Development Department Vijayawada,NTR District. 3. The District Collector, Kakinada District, Kakinada. 4. The Commissioner, Municipal Corporation of Kakinada, Kakinada Town, Kakinada District. 5. The Superintendent Engineer, Municipal Corporation Kakinada, Kakinada District. 6. The Executive Engineer, Municipal Corporation, Kakinada, Kakinada District and Urban 7. The Principal Secretary, Finance and Planning Department Secretariat Buildings, Velagapudi, Amaravathi. 8. One CC to Sri. Sameera Bokka, Advocate [OPUC] 9. One CC to Sri. M Krishna Rao SC for ski vzm kkd Municipal Corporations Advocate [OPUC] 10. Two CCs to GP Muncipal Admn And Urban Dev , High Court of Andhra Pradesh [OPUC] Two CCs to GP FOR Finance Planning, High Court of Andhra Pradesh [OUT] Two CD Copies. 11. 12. AL HIGH COURT DATED:24/07/2025 ORDER WP NO. 22859 OF 2024 & o o c:> g 2 7 OCT 2025 Vw* V m Co ^ •4JurrentSectiori^^ "‘'“^'SpAT DISPOSING OF THE W.P. WITHOUT COSTS