Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 52096 (AP)

M/s. Aravinda Plastics Private Limited, v. The State of Andhra Pradesh,

WP/15223/2024 · 2025-11-03

Ravi Cheemalapati

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

.APHC010300392024 IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY, THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: Between: 1. M/S. ARAVINDA PLASTICS PRIVATE LIMITED,, D.NO. 2 SRINAGAR, KAKINADA, KAKINDA DISTRICT. REP. BY ITS MANAGING PARTNER VOGIREDDY RAVI KUMAR REDDY. 2. VOGIREDDY RAVI KUMAR REDDY,, VIDYA SAGAR REDDY (LATE). AGED 58 YEARS, OCC CONTRACTOR, R/O. H.NO. 2 SANTHI NAGAR, KAKINADA, KAKINADA DISTRICT. 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL WATER SUPPLY DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, THULLUR MANDAL, AMARAVATI, GUNTUR DISTRICT. 2. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMAR DISTRICT. 3. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, NH-16, TADEPALLI, GUNTUR DISTRICT. 4. THE ENGINEERINCHIEF, RURAL WATER SUPPLY DEPARTMENT, IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 15223/2024 M/S. ARAVINDA PLASTICS PRIVATE LIMITED,, D.NO. 2 SRINAGAR, KAKINADA, KAKINDA DISTRICT. REP. BY ITS MANAGING PARTNER VOGIREDDY RAVI KUMAR REDDY. VOGIREDDY RAVI KUMAR REDDY,, S/O. CHANDRA SEKHARA VIDYA SAGAR REDDY (LATE). AGED 58 YEARS, OCC CONTRACTOR, R/O. H.NO. 2-62-5, PEDDIREDDYVARI STREET, SANTHI NAGAR, KAKINADA, KAKINADA DISTRICT. ...PETITIONER(S) AND THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS CRETARY, PANCHAYAT RAJ AND RURAL WATER SUPPLY DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, THULLUR MANDAL, AMARAVATI, GUNTUR STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, THULLUR MANDAL, GUNTUR THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, GOVERNMENT OF ANDHRA 16, TADEPALLI, GUNTUR DISTRICT. THE ENGINEERINCHIEF, RURAL WATER SUPPLY DEPARTMENT, IN THE HIGH COURT OF ANDHRA PRADESH [3332] TUESDAY, THE FOURTH DAY OF NOVEMBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI M/S. ARAVINDA PLASTICS PRIVATE LIMITED,, D.NO. 2-32-3, SRINAGAR, KAKINADA, KAKINDA DISTRICT. REP. BY ITS MANAGING PARTNER VOGIREDDY RAVI KUMAR REDDY. S/O. CHANDRA SEKHARA VIDYA SAGAR REDDY (LATE). AGED 58 YEARS, OCC 5, PEDDIREDDYVARI STREET, ...PETITIONER(S) THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS CRETARY, PANCHAYAT RAJ AND RURAL WATER SUPPLY DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, THULLUR MANDAL, AMARAVATI, GUNTUR STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY FINANCE DEPARTMENT, SECRETARIAT, AVATI, THULLUR MANDAL, GUNTUR THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, GOVERNMENT OF ANDHRA THE ENGINEERINCHIEF, RURAL WATER SUPPLY DEPARTMENT, 2 GOLLAPUDI, VIJAYAWADA. 5. THE ENGINEERINCHIEF, NABARD (PR) Z.P. COMPOUND, OPPOSITE TO PWD GROUNDS, M.G.ROAD, VIJAYAWADA. 6. THE DIRECTOR OF WORKS AND ACCOUNT OFFICER, NIDHI BHAVAN, MANGALAGIRI IT PARK, BEHIND APLLC BUILDING, MANGALAGIRI, GUNTUR DISTRICT. 7. THE DISTRICT COLLECTOR, KAKINADA DISTRICT AT KAKINADA. 8. SUPERINTENDING ENGINEER, RURAL WATER SUPPLY AND SANITATION RWS AND S (P) CIRCLE, KAKINADA, KAKINADA DISTRICT, KAKINADA. 9. EXECUTIVE ENGINEER, RURAL WATER SUPPLY AND SANITATION RWS AND S, DIVISION, KAKINADA, KAKINADA DISTRICT. 10. THE PAY AND ACCOUNTS OFFICER, KAKINADA DISTRICT, KAKINADA. ...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 to issue a Writ, Order, or Direction more particularly one in the nature of WRIT OF MANDAMUS or any other appropriate writ or direction declaring the action of the respondents in withholding the payment of balance of Rs. 26,26,641/- even after finalizing the bills, payable to the petitioner in relation to the work i.e., Providing PWS Scheme at LovaKothuru Village of Tuni Mandal, Kakinada District through the Agreement No. /2020-21, dated 05-06- 2020 for an amount of Rs. 26,26,641/- as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondents to consider for payment of amount of Rs. 26,26,641/- to the petitioners in respect of execution of above-mentioned work forthwith and pass such IA 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 consider for payment of amount of Rs. 26,26,641/- to the petitioners in respect of execution of work i.e.. Providing PWS Scheme at Lova Kothuru Village of Tuni Mandal, Kakinada District through the 3 Agreement No. /2020-21, dated 05-06-2020 for an amount of Rs. 26,26,641/- forthwith pending disposal of the main Writ Petition and pass such Counsel for the Petitioner(S): 1. RAMBABU KOPPINEEDI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR FINANCE PLANNING 4 The Court made the following order: The grievance of the petitioners is that the respondent authorities are withholding the payment of balance of Rs.26,26,641/-, even after finalizing the bills payable to them in relation to the works i.e., providing PWS Scheme at LovaKothuru Village of Tuni Mandal, Kakinada District through the Agreement No. /2020-21, dated 05-06-2020 for an amount of Rs. 26,26,641/- 2. When the matter is taken up for consideration today, Ms.Chandrika, learned Assistant Government Pleader for Panchayat Raj & Rural Development, while placing on record the written instructions of the Executive Engineer, RWS & S Division, Kakinada, vide Lr.No.T1/WP No.15223/2025, dated 29.10.2025, submitted that, the authorities have admitted the bills of the petitioners and as against the claim made by the petitioners for an amount of Rs.26,26,641/-, the authorities, after making the necessary deductions, will have to pay an amount of Rs.25,14,078/-, however sought Nine months time for payment of the said amount. 3. To the said submission, Sri Rambabu Koppineedi, learned counsel for the petitioners, reported no objection regarding the bill amount, but submitted that Nine months’ time is excessive as the work pertains to the year 2020-21 and prayed to pass appropriate orders in that regard. 4. Perusal of the written instructions of the Executive Engineer, RWS & S Division, Kakinada, dated 29.10.2025 indicates that the work for providing PWS scheme at Lova Kothuru of Tuni Mandal with an estimated cost Rs.40 lakhs was sanctioned under CMDF Grant. The work was entrusted to the 5 petitioner on a tender basis at 19.09% below the estimated rates. The first and final bill have been uploaded and payment will be made within Nine months. 5. 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 bills to the petitioners, there is no purpose in keeping this Writ Petition pending. As such, this Court is inclined to dispose of the same, with the consent of both the parties, by passing the following order: “The respondent authorities are directed to release an amount of Rs.25,14,078/- (Rupees Twenty Five Lakhs Fourteen Thousand and Seventy Eight only) to the petitioners within a period of three (3) months from the date of receipt of a copy of this order.” 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 04.11.2025 MP 6 199 THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO.15223 OF 2024 04.11.2025 MP