APHC010591722025 IN THE HIGH COURT OF ANDHRA PRADESH MONDAY, TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 30937/2025 Between: 1. MARUTHI CONSTRUCTIONS, REP BY ITS MANAGING PARTNER, B.TRIVIKRAM, S/O.BRK MURTHY, AGED ABOUT 50 YEARS, OCC. CONTRACTOR, R/O. D.NO.54 VIJAYAWADA, KRISHNA DISTRICT. 1. THE STATE OF ANDHRA SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT AND RURAL WATER SUPPLY AND SANITATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. CHAIRMAN DMFT/ COLLECTOR AND DISTRICT MAGISTRATE, KRISHNA DISTRICT. 3. SUPERINTENDING ENGINEER, RURAL WATER SUPPLY AND SANITATION CIRCLE, VIJAYAWADA, KRISHNA DISTRICT. 4. THE EXECUTIVE ENGINEER, RURAL WATER SUPPLY AND SANITATION DIVISION, MACHILIPATNAM, KRISHNA DISTRICT. 5. THE STATE OF ANDHRA PRADESH, SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 30937/2025 MARUTHI CONSTRUCTIONS, REP BY ITS MANAGING PARTNER, B.TRIVIKRAM, S/O.BRK MURTHY, AGED ABOUT 50 YEARS, OCC. CONTRACTOR, R/O. D.NO.54-14/1-9/5, BHARATHI NAGAR, VIJAYAWADA, KRISHNA DISTRICT. ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT AND RURAL WATER SUPPLY AND SANITATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR CHAIRMAN DMFT/ COLLECTOR AND DISTRICT MAGISTRATE, NA DISTRICT. SUPERINTENDING ENGINEER, RURAL WATER SUPPLY AND SANITATION CIRCLE, VIJAYAWADA, KRISHNA DISTRICT. THE EXECUTIVE ENGINEER, RURAL WATER SUPPLY AND SANITATION DIVISION, MACHILIPATNAM, KRISHNA DISTRICT. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR ...RESPONDENT(S): IN THE HIGH COURT OF ANDHRA PRADESH [3332] THE FIRST DAY OF DECEMBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI MARUTHI CONSTRUCTIONS, REP BY ITS MANAGING PARTNER, B.TRIVIKRAM, S/O.BRK MURTHY, AGED ABOUT 50 YEARS, OCC. 9/5, BHARATHI NAGAR, ...PETITIONER PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT AND RURAL WATER SUPPLY AND SANITATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR CHAIRMAN DMFT/ COLLECTOR AND DISTRICT MAGISTRATE, SUPERINTENDING ENGINEER, RURAL WATER SUPPLY AND SANITATION CIRCLE, VIJAYAWADA, KRISHNA DISTRICT. THE EXECUTIVE ENGINEER, RURAL WATER SUPPLY AND SANITATION DIVISION, MACHILIPATNAM, KRISHNA DISTRICT. REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR ...RESPONDENT(S): 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 to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents in withholding the payment of LS IInd and an amount of Gross Rs.48,51,952/- and net amount is part bill Rs.45,24,273/- even after finalizing the bills, payable to the petitioner in relation to the work i.e., Providing CC drains of ZP road from Vijayawada - Machilipatnam road to Mantada Srikakulam road of Mantada village of Pamidimukkala (M), Krishna District, vide Agreement No./2023-24, Dt.28.02.2024 is questioned, as the same is illegal, arbitrary and consequent direct the respondents to consider for payment of LS IInd and part bill an amount of Gross Rs.48,51,952/- and net amount is Rs.45,24,273/- with interest 12 percentage per annum forthe delayed amount to the petitioner in respect of execution of above- mentioned work forthwith and pass 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 to direct the respondents to consider for payment of LS IInd and part bill an amount of Gross Rs.48,51,952/- and net amount is Rs.45,24,273/- with interest 12 percentage per annum for the delayed amount to the petitioner in respect of execution of work i.e.,Providing CC drains of ZP road from Vijayawada - Machilipatnam road to Mantada Srikakulam road of Mantada village of Pamidimukkala (M), Krishna District, vide Agreement No./2023-24, Dt.28.02.2024 forthwith, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. SURESH KUMAR REDDY KALAVA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR FINANCE PLANNING 3 The Court made the following order: The grievance of the petitioner is that despite finalization of bills, the respondent authorities are withholding the payment of LS-II and part bill i.e., Gross amount of Rs.48,51,952/- and net amount of Rs.45,24,273/- payable to it in relation to the work i.e., Providing CC drains of ZP road from Vijayawada - Machilipatnam road to Mantada Srikakulam road of Mantada village of Pamidimukkala (M), Krishna District, vide Agreement No./2023-24, Dt.28.02.2024. 2. When the matter is taken up for consideration today, Ms Chandrika, learned Assistant Government Pleader for Panchayat Raj & Rural Development, placed on record the written instructions of the Executive Engineer, RWS & Division, Machilipatnam, vide Lr.No.AE/W.P.No.30937 of 2025 dated 29.11.2025, submitted that the authorities have admitted the bill of the petitioner and the authorities will have to pay an amount of Rs.45,24,273/-, however sought Nine months’ time for payment of the said amount. 3. To the said submission, Sri Suresh Kumar Reddy Kalava, learned counsel for the petitioner, reported no objection regarding the amount, but submitted that nine months’ time is excessive as the work pertains to the year 2023-24 and prayed to pass appropriate orders in that regard. 4. In view of the facts and circumstances of the case and taking the submissions of learned counsel for the parties into consideration, as the authorities have expressed their intention to pay the entitled amount to the petitioner, this Court, instead of keeping this Writ Petition pending, is inclined 4 to dispose of the same, with the consent of both the parties, at the admission stage itself, by passing the following order: “The respondent authorities are directed to release an amount of Rs.45,24,273/- (Rupees Forty Five Lakhs Twenty Four Thousand Two Hundred and Seventy Three only) to the petitioner within a period of Twelve (12) weeks from the date of receipt of a copy of this order. It would be open to the petitioner to agitate its claim for interest, if any, payable by the respondents in an appropriate forum, if so advised.” 6. Accordingly, the Writ petition is disposed of. There shall be no order as to costs. As a sequel thereto, interlocutory applications pending, if any in the Writ Petition, shall also stand closed. ____________________________ JUSTICE RAVI CHEEMALAPATI 01.12.2025 MP 5 94 THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO.30937 OF 2025 01.12.2025 MP