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High Court of Andhra Pradesh · body

2025 DAILYLAW 51185 (AP)

PRUDHIV CONSTRUCTIONS v. THE STATE OF ANDHRA PRADESH

WP/28271/2024 · 2025-10-14

B S Bhanumathi

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Judgment text

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APHC010541812024 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) Wednesday, the Fifteenth day of October, Two Thousand and Twenty Five The Honourable Ms. Justice B.S. Bhanumathi Writ Petition No. 28271 of Between: 1. Ms.Prudhiv Constructions, Special class contractors at door No.3 / 363-A, Railway station road, Srungavarapukota Vizianagaram District rep. by its Managing partner Sri P.H.K.Kishore. 1. The State of Andhra Pradesh, represented by its Principal Secretary, Agriculture and Co Secretariat, Velagapudi 2. The State of Andhra Pradesh, represented by its Principal Secretary Panchayat Raj Department, A.P.Secretariat, Velagapudi Guntur District. 3. The State of Andhra Pradesh, represented by its Principal Secretary, Finance (FMU-Revenue) Department, A.P.Secretariat, Velagapudi 522 237, Guntur District. 4. The Commissioner and Director of Agricultural Marketing A.P., 7 CRF+CM2, Chuttu Gunta Circle, Maharshi Dayanand Nagar, Guntur-522 003. 5. The Engineer-in-Chief, Panchayat Raj Department, A.P., Z.P. Compound, M.G. Road, Vijayawada 6. The Superintending Engineer, PR Circle, Vizianagaram IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) Wednesday, the Fifteenth day of October, Two Thousand and Twenty Five Present The Honourable Ms. Justice B.S. Bhanumathi Writ Petition No. 28271 of 2024 Ms.Prudhiv Constructions, Special class contractors at door No.3 / A, Railway station road, Srungavarapukota – 535 145, Vizianagaram District rep. by its Managing partner Sri P.H.K.Kishore. ...Petitioner and The State of Andhra Pradesh, represented by its Principal Secretary, Agriculture and Co-operation Department, Andhra Pradesh Secretariat, Velagapudi - 522 237, Guntur District. The State of Andhra Pradesh, represented by its Principal Secretary ayat Raj Department, A.P.Secretariat, Velagapudi - 522 237, The State of Andhra Pradesh, represented by its Principal Secretary, Revenue) Department, A.P.Secretariat, Velagapudi 522 237, Guntur District. The Commissioner and Director of Agricultural Marketing A.P., 7 CRF+CM2, Chuttu Gunta Circle, Maharshi Dayanand Nagar, Chief, Panchayat Raj Department, A.P., Z.P. Compound, M.G. Road, Vijayawada - 520 010. The Superintending Engineer, PR Circle, Vizianagaram - 535 001. [3311] Wednesday, the Fifteenth day of October, Two Thousand and Twenty Five Ms.Prudhiv Constructions, Special class contractors at door No.3 / 535 145, Vizianagaram District rep. by its Managing partner Sri P.H.K.Kishore. ...Petitioner The State of Andhra Pradesh, represented by its Principal Secretary, operation Department, Andhra Pradesh The State of Andhra Pradesh, represented by its Principal Secretary 522 237, The State of Andhra Pradesh, represented by its Principal Secretary, Revenue) Department, A.P.Secretariat, Velagapudi - The Commissioner and Director of Agricultural Marketing A.P., 7 CRF+CM2, Chuttu Gunta Circle, Maharshi Dayanand Nagar, Chief, Panchayat Raj Department, A.P., Z.P. 535 001. 2 BSB,J W.P.No.28271 of 2024 7.The Assistant Pay & Accounts Officer (Works & Accounts ), Collector Office Road, Vizianagaram – 535 001. ....Respondents Counsel for the petitioner: 1.N. Siva Reddy Counsel for the respondents: 1. Government Pleader for Panchayat Raj 2. Government Pleader for Revenue 3. Government Pleader for Agriculture 3 BSB,J W.P.No.28271 of 2024 The Court made the following Order: This petition under Article 226 of the Constitution of India is filed to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent authorities in not paying amount to the petitioner for the works covered under agreement Nos.17/2022-2023, dated 31-03-2023 and 18/2022-2023, dated 31-03- 2023 entered into with the 6th respondent as illegal, arbitrary and violative of Articles 14, 19(1)(g), 21 and 300-A of Constitution of India and consequently direct the respondent authorities to pay the said bill amounts with interest @ 18 % from the date of due till the payment is made forthwith and pass such other order, which this Court deems fit in the interest of justice. 02. It is the contention of the petitioner that even though the respondents admitted that the petitioner is entitled to the aforesaid amount, no payment is made. The petitioner contends that such non- payment of money is clearly arbitrary and high-handed, requiring the interference of this Court. 03. On the other hand, learned Government Pleader for PanchayatRaj and Rural Development, admitting about the partial claim of the petitioner for Rs.5.94 crores placed on record a copy of Memo No.PRR01- PRE0PROG (ROAD)171 / 2025-PROG-III, dated 07.10.2025. The Principal Secretary to Government, PanchayatRaj and Rural Development Department, Andhra Pradesh in respect of pathole free works under the A.M.C. He submitted that the bills would be cleared soon after the release of funds and requested two (02) months time for making the payments. The relevant portion of the memo states as below : 4 BSB,J W.P.No.28271 of 2024 “2. In this connection, it is informed that, as on today total 64 W.Ps are pending before the Hon’ble High Court for payments in respect of pathole free works under A.M.C. grant for an amount of Rs.154.70 crores including the above two W.Ps.Nos.28271 of 2024 and W.P.No.30082 of 2024 for an amount of Rs.5.94 crores and Rs.9.53 crores respectively. Accordingly, necessary proposals for release of funds under PRR (Plain) grant of State budget for Rs.154.70 crores have been sent to Finance Department through e.file C.No.2763966 on dt.12-09-2025. 3. Further, it is informed that on 06.10.2025, the Principal Secretary to PR & RD has assured the Hon’ble High Court that the payments in respect of W.P.Nos.28271 of 2024 of 30082 of 2024 would be cleared within two months, as the Department is pursuing the matter with the Finance Department for the release of funds. 4.The Government Pleader for PR & RD, A.P. High Court, is therefore requested to appraise the above facts of the case to the Hon’ble High Court of A.P. and request the Hon’ble Court to close W.P.Nos.28271 of 2024 and 30082 of 2024 duly granting (2) months time for making the payments, in order to avoid further legal complications in the matter”. 04. In view of the submissions of the learned counsel for the petitioner and the learned Government Pleader for PanchayatRaj and Rural Development, this Writ Petition is allowed with a direction to the respondents to release the admitted amount of Rs.5.94 crores (Rupees five crores ninety four lakhs only) to the petitioner, along with the interest as per the entitlement vide the judgment of the Division Bench of this Court in Writ Appeal No.724 of 2021 and batch of cases dated 12.10.2023 if applicable, within a period of two (02) months from the date of receipt of a copy of this order. 5 BSB,J W.P.No.28271 of 2024 There shall be no order as to costs. 05. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ___________________ ___ JUSTICE B.S. BHANUMATHI Date: 15.10.2025 GRL 6 BSB,J W.P.No.28271 of 2024 308 THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO:28271 of 2024 Date: 15.10.2025 GRL