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2025 DAILYLAW 52411 (AP)

M/S.Sri Sarayu Infra Structures and Developers, v. THE STATE OF ANDHRA PRADESH

WP/24480/2025 · 2025-09-10

Harinath N

body2025

Judgment text

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K APHC010482082025 IN THE HIGH COURT OF ANDHRA PRADESH 4/' AT AMARAVATI (Special Original Jurisdiction) r I 0^ THURSDAY. THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 24480 OF 2025 Between; M/S. Sri Sarayu Infra Structures and Developers, Rep. by its Proprietor. Sri L.Mohan Krishna Reddy S/o.Bhaskar Rama Reddy, Age 40 years, R/o. 27- 11272/9, MC Residency, Balaji Nagar Nellore District, Andhra Pradesh. ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Department of Municipal, Administration and Urban Development, Secretariat Building, Velagapudi, Amaravathi, Guntur. 2. The Executive Engineer, Municipal Corporation, Nellore, SPSR Nellore District. 3. The Nellore Municipal Corporation, Rep. by. Commissioner, SPSR Nellore District. 4. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Finance and Planning Velagapudi, Amaravathi, Guntur District. Secretariat Buildings, ...Respondents 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 an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the payments of pending amounts of Rs. 10,10,287/- ( Ten Lakhs even after ten Thousand, Two Hundred And Eighty Seven Rupees only) finalizing the bills payable to the petitioner in relation to the works i.e. Construction of cc Drain and culverts from Door no.27-4-990 to Electrical pole No BN 141/B5/3 At Balaji nagar Extention in division no. 13 in Nellore municipal corporation under GGMP Grant, Agreement no. 256/2023-24, date 10.11.2023 (Rs.2,29,901/-), II. Constraction of CC Drain from Electrical pole no.BN 59/A9 To Door no.27-4-718 and 27-4-730 to 27- 2-1669 at bank colony in 13’ Division of NMC Under GGMP Grant, Agreement no.257/2023-24, Date 10.11.2023(Rs.4,69,730/-), III. Construction of CC Roads from Door no.27-4-895/1 to sai nilayam house at balaji nagar extention in division no. 13 of Nellore municipal corporation under no.251/2023-24,Date 10.11.2023,(Rs.3,10,656/-) improper, unjust and against the Article 21 of constitution of India and GGMP Grant, Agreement ” as bad .illegal, arbitrary. consequently direct the respondents to pay the amounts of Rs. 10,10,287/- (Ten Lakhs, Ten Thousand, Two Hundred And Eighty Seven Rupees only) with interest @ 24 percent per annum for the delayed amount till date of realization for the works executed by the petitioner. Counsel for the Petitioner: SRI DEVASRI ROSHAN KANCHARLA Counsel for the Respondent No.1: GP FOR MUNCIPAL ADMN & URBAN DEV Counsel for the Respondent Nos.2 & 3: SRI A.S.C.BOSE, SC FOR MUNICIPAL CORPORATION Counsel for the Respondent No.4: GP FOR FINANCE & PLANNING The Court made the following order: APHC010482082025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] r I 0? THURSDAY,THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 24480/2025 Between: M/s.sri Sarayu Infra Structures And Developers, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT{S) Counsel for the Petitioner: 1.DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S): 1.GP FOR MUNCIPAL ADMN URBAN DEV 2.GP FOR FINANCE PLANNING The Court made the following: fA- 2 W.P. No.24480 OF 2025 Date of order: 11.09.2025 THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No.24480 OF 2025 ORDER 1. This writ petition is filed aggrieved by the action of the respondents for non-payment of the bills for the works undertaken by the petitioner. 2. The learned counsel for the petitioner submits that the petitioner has entered into the contract with the 2'’'^ respondent - Executive Engineer for execution of the works viz., (i) construction of CC Drain and culverts from Door No.27-4-990 to Electrical pole No: BN 141/B5/3 At Balaji Nagar Extention in Division No. 13 in Nellore Municipal Corporation, Agreement.no.256/2023-24 date:10.11.2023. Construction of CC Drain from Electrical pole no.BN 59/A9 To Door No.27-4-718 and 27-4-730 to 27-2-1669 at Bank colony in 13 Division of NMC Under GGMP Grant, Agreement No.257/2023-24, Date: 10.11.2023, (iii) Construction of CC Roads from Door No.27-4- (ii) th 895/1 to Sai Nilayam House at Balaji Nagar Extention in Division No.13 of Nellore Municipal Corporation, Agreement 251/2023-24, Date: 10.11.2023. 3. The learned counsel further submits that the petitioner duly executed the work and thereafter submitted final bills to Rs. 10,10,287/-. It is submitted that the final bills were duly endorsed by the competent authority. A statement detailing the work executed by the petitioner was prepared and the progress of the work was under GGMP Grant, a sum of 3 W.P. NO.24480OF 2025 Date of order: 11.09.2025 However, no payment was made to the recorded in the M-book. petitioner. 4. Heard the submissions of the learned counsel for the petitioner, the learned Government Pleader for Municipal Administration & Urban Development, the learned Standing Counsel for the Corporation and the learned Assistant Government Pleader for Finance and Planning. 5. During the course of hearing, the learned Standing Counsel appearing for the Corporation does not dispute the submissions made by the petitioner with respect to the completion of the work undertaken. 6. Considering the submissions, respondents 3 and 4 are hereby directed to verify and release the payments due payable to the petitioner as expeditiously as possible preferably within a period of four (04) weeks from the date of receipt of a copy of this order. 7. Accordingly, the writ petition is disposed of. No costs. 8. Pending miscellaneous petitions, if any, shall stand closed. Sd/-B PRASADA RAO DEPUTY REGISTRAR //TRUE COPY// A (V To, SECTION OFFICER State of Andhra Pradesh, Department of Urban Development, Secretariat 1. The Principal Secretary, Municipal, Administration and Building, Velagapudi, Amaravathi, Guntur. 2. The Executive Engineer, Municipal Corporation Nellore, SPSR Nellore District. 3. The Commissioner, Nellore Municipal Corporation District. SPSR Nellore 4. The Principal Secretary State of Andhra Pradesh, Department of Finance and Planning Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 5. One CC to SRI. DEVASRI ROSHAN KANCHARLA, Advocate [OPUC] 6. Two CCs to GP FOR MUNCIPAL ADMN AND URBAN DEV., High Court of Andhra Pradesh [OUT] 7. Two CCs to GP FOR FINANCE AND PLANNING, High Court of Andhra Pradesh [OUT] 8. One CC to SRI A.S.C.BOSE, STANDING COUNSEL FOR MUNICIPAL CORPORATION, Advocate [OPUC] 9. Two CD Copies sree HIGH COURT DATED: 11/09/2025 ORDER WP NO. 24480 OF 2025 A 2 h DISPOSING OF THE W.P. WITHOUT COSTS