M/S. AKARSHANA INFRASTRUCTURE v. THE STATE OF ANDHRA PRADESH
WP/4675/2023 · 2025-11-04
Ravi Cheemalapati
body2025
DailyLaw.ai
[ 2025 DAILYLAW 54144 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 54144 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010092892023
IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY,THE FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 4675/2023 Between:
1. M/S. AKARSHANA INFRASTRUCTURE, 1/34, MYDURKUR ROAD, KHAJIPETA, Y.S.R KADAPA DISTRICT, REP. BY ITS MANAGING PARTNER, BANDI SREENIVASULU, S/O. CHANDRAIAH, AGED ABOUT 42 YEARS, OCC. CONTRACTOR, H. NO. 00, RANGAPURAM VILLAGE, KHAJIPET MANDAL Y.S. PRADESH
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYARAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MINORITIES WELFARE (IDM) DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 1
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 4675/2023 M/S. AKARSHANA INFRASTRUCTURE, 1/34, MYDURKUR ROAD, KHAJIPETA, Y.S.R KADAPA DISTRICT, REP. BY ITS MANAGING PARTNER, BANDI SREENIVASULU, S/O. CHANDRAIAH, AGED ABOUT 42 YEARS, OCC. CONTRACTOR, H. NO. 00, RANGAPURAM VILLAGE, KHAJIPET MANDAL Y.S.R KADAPA DISTRICT, ANDHRA ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYARAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MINORITIES WELFARE (IDM) DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, ARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR RC,J W.P.No.4675 of 2023 IN THE HIGH COURT OF ANDHRA PRADESH [3332] WEDNESDAY,THE FIFTH DAY OF NOVEMBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI M/S. AKARSHANA INFRASTRUCTURE, 1/34, MYDURKUR ROAD, KHAJIPETA, Y.S.R KADAPA DISTRICT, REP. BY ITS MANAGING PARTNER, BANDI SREENIVASULU, S/O. CHANDRAIAH, AGED ABOUT 42 YEARS, OCC. CONTRACTOR, H. NO. 00, RANGAPURAM R KADAPA DISTRICT, ANDHRA ...PETITIONER THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYARAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MINORITIES WELFARE (IDM) DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, ARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR
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4. THE DIRECTOR OF MINORITIES WELFARE DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, TADEPALLI, GUNTUR DISTRICT. 5. THE DISTRICT COLLECTOR, Y.S.R KADAPA DISTRICT AT KADAPA.
6. THE CHIEF PLANING OFFICER, Y.S.R KADAPA DISTRICT AT KADAPA. 7. THE SUPERINTENDING ENGINEER, PR, Y.S.R KADAPA DISTRICT AT KADAPA. 8. THE EXECUTIVE ENGINEER, PRI DIVISION, KADAPA, Y.S.R KADAPA DISTRICT. 9. THE DEPUTY EXECUTIVE ENGINEER, PRI SUB-DIVISION, MYDUKUR, Y.S.R KADAPA DISTRICT. ...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 topleased to issue a writ order or direction, more particularly one in the nature of writ of Mandamus, declaring the action of the Respondents in withholding the balance payment Rs. 45,22,936/- (Fourty Five Lakhs Twenty Two Thousand Nine Hundred and Thirty Six Rupees Only) even after finalizing the bills, payable to the petitioner firm in relation to the work i.e., Construction of incomplete Shadikhana Building at Khajipeta Village and Mandal, Y.S.R Kadapa District, is illegal, arbitrary and violative of Articles 14, 19, 21 and 300-A of Constitution of India and consequently direct the respondents to consider for payment Rs. 45,22,936/- (Fourty Five Lakhs Twenty Two Thousand Nine Hundred and Thirty Six Rupees Only) of balance amount for the delayed amount to the petitioner firm in respect of execution of above mentioned work forthwith and to pass IA NO: 1 OF 2023 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 pleased to direct the respondents to consider for payment of Rs. 45,22,936/- (Fourty Five Lakhs Twenty Two Thousand Nine Hundred and Thirty Six
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Rupees Only) balance amount with interest for the delayed amount to the petitioner firm in respect of execution of work pending disposal of the main writ petition pending disposal of the above writ petition and to pass Counsel for the Petitioner:
1. DASARI S V V S V PRASAD Counsel for the Respondent(S):
1. GP FOR FINANCE PLANNING
2.
GP FOR PANCHAYAT RAJ RURAL DEV
3. GP FOR SOCIAL WELFARE The Court made the following:
ORDER
This writ petition is filed questioning the action of the respondents in withholding the balance payment of Rs.45,22,936/- even after finalizing the bills in relation to the work i.e. construction of incomplete Shadikhana building at Khajipeta Village and Mandal, YSR Kadapa District. 2. Heard Sri Dasari S.V.V.S.V.Prasad, learned counsel for the petitioner, Ms.Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj and the learned Assistant Government Pleader for Finance. 3. Ms.Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj, by placing on record the written instructions of Executive Engineer(FAC), PRI Division, Kadapa, dated 05.11.2025, submitted that legally
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entitled amount payable to the petitioner would be paid soon after release of Budget Release Order and sought four (04) months time. 4. Sri Dasari S.V.V.S.V.Prasad, learned counsel for the petitioner, reported no objection for granting time as sought by learned Assistant Government Pleader. 5. In view of the above, this writ petition is disposed of, directing the authorities to pay the legally entitled amount to the petitioner within a period of four (04) months from the date of receipt of copy of the order. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. JUSTICE RAVI CHEEMALAPATI RR