Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 50649 (AP)

M/s. SEC SERVICES JV, v. The State of Andhra Pradesh

WP/32438/2025 · 2025-12-07

K Sreenivasa Reddy

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010624472025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] MONDAY, THE EIGHTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 32438/2025 Between: 1. M/S. SEC SERVICES JV,, OFFICE AT D.NO. 4-75A, MAIN ROAD REPRESENTED BY ITS PARTNER, K. SRIDHAR, S/O BABU RAO, AGED ABOUT 49 YEARS, R/O THUKKULURU (V), NUZVID MANDAL KRISHNA DISTRICT - 521201 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT HIGHER EDUCATION DEPARTMENT SECRETARIAT AT VELAGAPUDI AMRAVATI GUNTUR DISTRICT STATE OF ANDHRA PRADESH. 2. THE VICE CHANCELLOR, RAJIV GANDHI UNIVERSITY OF KNOWLEDGE TECHNOLOGIES (RGUKT), MYALAVARAM ROAD,NUZVID, KRISHNA DISTRICT AP 521201 3. THE DIRECTOR, RAJIV GANDHI UNIVERSITY OF KNOWLEDGE TECHNOLOGIES (RGUKT), RK VALLEY, VEMPALLY, KADAPA DISTRICT, ANDHRA PRADESH. 4. RAJIV GANDHI UNIVERSITY OF KNOWLEDGE TECHNOLOGIES, ANDHRA PRADESH REPRESENTED BY ITS REGISTRAR RAJIV GANDHI UNIVERSITY OF KNOWLEDGE TECHNOLOGIES MYLAVARAM ROAD NUZVID KRISHNA DISTRICT ANDHRA PRADESH 521201 5. THE ADMINISTRATIVE OFFICER, RAJIV GANDHI UNIVERSITY OF KNOWLEDGE TECHNOLOGIES (RGUKT) RK VALLEY, VEMPALLY, KADAPA DISTRICT, ANDHRA PRADESH ...RESPONDENT(S): SRK, J WP No.32438 of 2025 2 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 or Order or a direction particularly in the nature of Writ of Mandamus declaring the action of the more respondents in not releasing the pending mess bills for the month of April 2025 to September 2025 along with Bank Guarantee per Agreement Signed between RGUKT RK Valley Campus and Petitioner i.e M/s Sec Services JV, date 29.09.2023 for providing Catering Services including Kitchen and Dining Halls for the as maintenance of mess in RGUKT-RK Valley Campus, YSR District for an total amount of Rs 95,10,270/- and also to release the Bank guarantee of Rs 32,12,000/- dated 11.09.2023 to the petitioner and along with interest for the services provided by the petitioner in pursuance to the Agreement entered in to with the 3rd respondent as arbitrary, Illegal and and consequently violative of Articles 14,21 and 300-A of Constitution of India direct the respondents to release the payment of bill amounts from April 2025 to September 2025 with interest @ 24percent per annum for the delayed amount to the petitioner in above- mentioned services forthwith and pass such 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 direct the respondents in releasing the pending mess bills for April 2025 to September 2025 along with Bank Guarantee as per Agreement Signed between RGUKT RK Valley Campus and Petitioner i.e M/s SEC Services JV, date; 29.09.2023 for providing Catering Services including maintenance of Kitchen and Dining Halls for the mess in RGUKT-RK Valley Campus, YSR District for an total amount of Rs 95,10,270/- and also to release the Bank guarantee of Rs 32,12,000/- dated: 11.09.2023 to the petitioner and along with interest for the services provided by the petitioner in pursuance to the agreement entered in to with the 3rd respondent forthwith, pending disposal of the above writ Petition and pass such Counsel for the Petitioner: 1. RAYUDU SUDHA Counsel for the Respondent(S): 1. GP FOR HIGHER EDUCATION 2. SIVA KUMAR M (SC FOR RGUKT) SRK, J WP No.32438 of 2025 3 The Court made the following ORDER: This Writ Petition has been filed seeking to declare the action of the respondents in not releasing the pending mess bills from the month of April, 2025 to September, 2025 along with Bank guarantee as per agreement signed between RGUKT RK Valley Campus and petitioner for providing catering services including maintenance of kitchen and dining halls for the mess in RGUKT RK Valley Campus, YSR District for a total amount of Rs.95,10,270/- and also to release the Bank Guarantee of Rs.32,12,000/-, dated 11.09.2023 to the petitioner along with interest for the services provided by the petitioner pursuant to the agreement entered into with 3rd respondent as illegal and arbitrary. 2. Case of petitioner is that petitioner is a contractor engaged in providing catering services to government institutions/ hostels. In response to calling of tenders by respondents, vide Tender Notification dated 15.07.2023, for providing catering and maintenance of kitchen and dining halls in four campuses of RGUKT through AP e-Procurement, petitioner submitted its tender and it was allotted mess at RK Valley campus. On 13.08.2025, 5th respondent issued a letter directing the petitioner to vacate the premises by 30.09.2025, assuring that all pending SRK, J WP No.32438 of 2025 4 bills would be cleared prior to vacating. But after vacating the premises, the respondents did not release the bills for the period from April, 2025 to September, 2025 amounting to Rs.95,10,270/- and did not return the Bank Guarantee of Rs.32,12,000/-. 3. Heard learned counsel for petitioner and learned counsel for respondents. 4. Learned counsel for respondents submitted written instructions stating that two bills pertaining to April and July months were uploaded through CFMS Portal for payment to the caterer. It is further stated that the Bank Guarantee amount of Rs.32,12,000/- shall be released by the RK Valley Campus to petitioner after settlement of all outstanding bills for the remaining months, including any pending dues towards electricity charges, feedback related deductions and applicable penalties, if any. 5. Recording the same, the Writ Petition is disposed of, directing the respondents to pay all the amounts due, along with Bank Guarantee amount, to the petitioner within a period of six (6) weeks from the date of receipt of a copy of this order, failing which, the Writ Petitioner is entitled to claim interest @ 6% per SRK, J WP No.32438 of 2025 5 annum from the date of this order till the date of realization. There shall be no order as to costs. As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed. ________________________ K. SREENIVASA REDDY, J. Date:08.12.2025 sj SRK, J WP No.32438 of 2025 6 234 HON’BLE SRI JUSTICE K. SREENIVASA REDDY Writ Petition No.32438 of 2025 Date:08.12.2025 sj