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2025 DAILYLAW 53236 (AP)

M/s. B.Srinivasulu Reddy and Co, v. AP EDUCATION AND WELFARE INFRASTRUCTURE DEVELOPMENT CORPORATION (APEWIDC)

WP/21161/2024 · 2025-09-21

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

' sr f APHC010401632024 IN THE HIGH COURT OF ANDHRA PRADESH ^ AT AMARAVATI ' (Special Original Jurisdiction) HjfiH TO ■Jl. A, MONDAY,THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSANDAND TWENTYFIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 21161 OF 2024 Between: M/s. B.Srinivasulu Reddy and Co,. B.Sreenivasulu S/o. B Ramana Reddy, Aged about 65 years, F.No.301, Gayatri Towers, Gayatri Estates, Kurnool District-518002 ...Petitioner Rep. by its Managing Partner O/o. AND ^ Education and Welfare Infrastructure Development Corporation (APEWIDC), Rep by its Managing Director, D.No.975 Heights Block-A, Vaddeswaram Village, Guntur District Petitioner 2. The State Animal Husbandry Dairy Development and Fisheries (AH-II), Rep by Principal Secretary, Secretariat, Velagapudi Village, Guntur District 3. Fisheries Development Officer, Kurnool, Kurnool District 4. The Chief Engineer, AP Education and Welfare Development Corporation (APEWIDC), Vijayawada, NTR District 5. The Executive Engineer, AP Education and Welfare Infrastructure Development Ananthapuramu District 6. The Executive Engineer, AP Education and Welfare Infrastructure Development Corporation (APEWIDC), Kurnool, Kurnool District 7. The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance Department, Secretariat, Velagapudi, Amaravati, Guntur District ...Respondents Sai Fortune > Infrastructure Corporation (APEWIDC), Ananthapuramu, 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 declare the action of the respondents Not Releasing the of Agreement pending No.50/CE/APEWiDCA/JA/2021-22 dated 13/12/2021 and Supply Agreement No. /EE/2022-23, dated 23.03.2023 vide M.Book.No.510 EE/KNL/APEWIDC Bill Final pass order amount Rs. 1,04,80,408/- even after finalizing the bills, payable to the petitioner in relation to the work i.e. Establishment of a Shepherd Training Centre at Peapully (V) and (M) in Kurnool District under APEWIDC, as illegal arbitrary and violation of Articles 14, 16 and 21 of The Constitution of India and principles of Natural justice, and consequently direct the respondents to release the pending Final bill amount Rs. 1,04,80,408/- to the petitioner. lA 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 tto direct to the respondents to release the pending pass order amount Rs. 1,04,80,408/-for M.Book.No.510EE/KNL/APEWlDC of work “Establishment of a Shepherd Training Centre at Peapully (V) & (M) in Kurnool District” under APEWIDC, pending disposal of the above writ petition. Counsel for the Petitioner: SRI KOMMA VIJAYA RAJ KUMAR Counsel for the Respondent Nos. 2 and 3: GP FOR ANIMAL HUSBANDARY Counsel for the Respondent No. 7: GP FOR FINANCE PLANNING Counsel for the Respondent Nos. 1, 4,5 and 6: SRI G.V.S. KISHORE KUMAR, SC FOR APEWIDC The Court made the following order: 1 ✓ APHC010401632024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] MONDAY.THE twenty second day of SEPTEMBER TWO THOUSAND AND TWENTY ElVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 21161/2024 Between: REP. BY ITS MANAGING 1.M/S. B.SRINIVASULU REDDY AND CO PARTNER B.SREENIVASULU S/0. B RAMANA REDDY, AGED ABOUT 65 YEARS, 0/0. F.NO.301. GAYATRI TOWERS, GAYATRI ESTATES, KURNOOL DISTRICT-518002 ...PETITIONER AND INFRASTRUCTURE DEVELOPMENT 1.AP EDUCATION AND WELFARE DEVELOPMENT CORPORATION APEWIDC CORPORATION (APEWIDC), REP BY ITS MANAGING DIRECTOR, D.NO.975, SAI FORTUNE HEIGHTS BLOCK-A, VADDESWARAM VILLAGE, GUNTUR DISTRICT PETITIONER 2.THE STATE ANIMAL HUSBANDARY DAIRY DEVELOPMENT AND FISHERIES AHII, REP BY PRINCIPAL SECRETARY, SECRETARIAT, VELAGAPUDI VILLAGE, GUNTUR DISTRICT 3.FISHERIES KURNOOL,KURNOOLDISTRICT 4.THE CHIEF ENGINEER, AP EDUCATION AND WELFARE INFRASTRUCTURE DEVELOPMENT CORPORATION(APEWIDC), VIJAYAWADA, NTR DISTRICT 5.THE EXECUTIVE ENGINEER, AP EDUCATION AND WELFARE INFRASTRUCTURE DEVELOPMENT CORPORATION(APEWIDC), ANANTHAPURAMU, ANANTHAPURAMUDISTRICT 6.THE EXECUTIVE ENGINEER, AP EDUCATION AND WELFARE INFRASTRUCTURE DEVELOPMENT CORPORATION(APEWIDC), OFFICER DEVELOPMENT 2 % KURNOOL, KURNOOL DISTRICT 7.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL FINANCE SECRETARY, department, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT SECRETARIAT ...RESPONDENT{S): Counsel for the Petitioner: 1. KOMMA VIJAYA RAJ KUMAR Counsel for the Respondent(S): 1.GP FOR ANIMAL HUSBANDARY 2.GP FOR FINANCE PLANNING The Court made the following: ORAL ORDER: Heard Smt. Shaik Sultana, learned Counsel appearing on behalf of Sri Komma Vijaya Raj Kumar, learned Counsel for the Writ Petitioner. Sri P Rajesh Kumar, learned Assistant Government Pleader for Finance & Planning and Sri Radha Krishna, learned Counsel appearing on behalf of Sri V. Ch. Naidu, learned Standing Counsel for Respondent Nos.4 to 6. 2. In compliance with para 3 of the Order of this Court dated 17.09.2025, the Joint Secretary to Government, Animal Husbandry. Dairy Development and Fisheries Department has furnished the Written Instructions under his hand and seal on behalf of the Special Chief Secretary to Government. Copy of it is supplied to the Counsel for the Writ Petitioner and the same is taken on The relevant portion of the said Written Instruction is usefully extracted hereunder: record. “It is respectfully submitted that the Animal Husbandry Department will facilitates the budget against works done but the bills and vouchers can be processed and submitted to the treasury (NIDHI/CFMS Portal) only by the concerned execution agency i.e., Executive respondent) Engineer, APEWIDC Kurnool (6'^ It is submitted that the bills worth of Rs.104.81 lakhs will be processed within four months. Therefore, 3 the Hon’ble High Court of Andhra Pradesh at Amaravati is requested to kindly provide four months of grace period in the current incident. B. RAJSEKHAR IAS SPECIAL CHIEF SECRETARY TO GOVERNMENT Sd/- (PAMPAPATHI THIRUMANDYAM) For Special Chief Secretary to Government.” The above extract would indicate that Respondent No.2 requested four months for completing the process. This Court is of the view that a period of four months solely for processing is too long. 3. In this view of the matter, there shall be a direction to the Official Respondents to complete the entire administrative process, both inter-departmental and intra-departmental. by way of mutual cooperation and coordination, within a period of twelve (12) weeks from the date of uploading of this Order on the website of this Court and four (04) weeks thereafter, for transferring of the due amount into the bank account of the Writ Petitioner. 4. Writ Petitioner is directed to submit bank account details to the Competent Authority within two weeks from today, for effective compliance. 5 6. With these observations and directions, this Writ Petition stands allowed. No order as to costs. 7. Interlocutory Applications, if any, stand closed in terms of this order. Sd/- K SRINIVASA RAJU ASSISTANT REGISTRAR Itlv- SECTION OFFICER //TRUE COPY// To, 1. The Managing Director, AP Education and Welfare Infrastructure Development Corporation (APEWIDC), D.No.975, Sai Fortune Heights Block-A, Vaddeswaram Village, Guntur District Petitioner The Principal Secretary, State Animal Husbandry Dairy Development and Fisheries (AH-II), Secretariat, Velagapudi Village, Guntur District The Fisheries Development Officer, Kurnool, Kurnool District. 2. 3. 4. The Chief Engineer, AP Education and Welfare Infrastructure Development Corporation(APEWIDC), Vijaya\A/ada, NTR District 5. The Executive Engineer, AP Education and Welfare Infrastructure Development Ananthapuramu District 6. The Executive Engineer, AP Education and Welfare Infrastructure Development Corporation(APEWIDC), Kurnool, Kurnool District 7. The Principal Secretary, Finance Department State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District 8. One CC to Sri. Komma Vijaya Raj Kumar Advocate [OPUO 9. One CC to Sri. G.V.S. Kishore Kumar, SC for APEWIDC [OPUC] Two CCs to GP for Finance Planning High Court of Andhra Pradesh [OUT] Two CCs to GP for Animal Husbandary High Court of Andhra Pradesh [OUT] Two CD Copies Corporation(APEWIDC) Ananthapuramu, 10. 11. 12. gsc HIGH COURT DATED:22/09/2025 ORDER WP NO. 21161 OF 2024 g( 2 8 OCT 2025 jg C Sectio^ky/ ALLOWING THE WP WITHOUT COSTS