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2025 DAILYLAW 54657 (AP)

M/s Model Civil Constructions, v. The State of Andhra Pradesh,

WP/35472/2025 · 2025-12-19

Harinath N

body2025

Judgment text

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APHC010679652025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] SATURDAY,THE TWENTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 35472/2025 Between: 1. M/S MODEL CIVIL CONSTRUCTIONS,, REP. BY ITS MANAGING PARTNER, SHAIK SHABBIR AHAMED, S/O. SHAIK HAROON RASHEED, AGED ABOUT 40 YEARS, R/O D.NO. 17-8-8, 5TH LINE, ANANDAPET, OLD GUNTUR, GUNTUR DISTRICT- 522001. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT 2. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT 3. THE DISTRICT COLLECTOR, GUNTUR DISTRICT. 4. THE GUNTUR MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, GUNTUR DISTRICT. 5. THE EXECUTIVE ENGINEER, GUNTUR MUNICIPAL CORPORATION, GUNTUR DISTRICT. ...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, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of Respondents in withtholding payment of 1st and Final Bill Rs. 9,99,158/- (Rupees Nine Lakhs Ninety-Nine Thousand One Hundred and Fifty-Eight only) for the work executed under Agreement No. 757/1/EE/GMC/GNT/2022-23, dated 23.01.2024 as illegal, arbitrary, discriminatory, contrary and violation of principle of natural justice and consequently direct the Respondents to pay the total bill amount of Rs. 9,99,158 /- (along with interest 12percent p.a.,) to the petitioner, 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 pay the pending Final Bill amount of Rs. 9,99,158/- (Rupees Nine Lakhs Ninety-Nine Thousand One Hundred and Fifty-Eight only) for work executed by the Petitioner along with 12% interest to the Petitioner forthwith Counsel for the Petitioner: 1. M.V. VIJAYADITYA REDDY Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP MUNCIPAL ADMN AND URBAN DEV AP 3. GP FOR FINANCE PLANNING The Court made the following: 3 Order:- The learned counsel for the petitioner submits that the petitioner was awarded the work of Construction of CC Drain and RCC Culverts at Old Police line and Cross Roads in Division No.12 under AE-8 Section, vide Agreement No.757/1/EE/GMC/GNT/2022-23, dated 23.01.2023. 2. The learned counsel further submits that the petitioner duly executed all the said work and thereafter submitted the final bills for an amount of Rs.9,99,158/-. It is submitted that the final bills were duly endorsed by the competent authority. A statement detailing the work executed by the petitioner was also prepared progress of the work was recorded in the M-book. The Quality Control Report was also filed by the petitioner. However, in spite of the completion of all procedural formalities, the payments towards the completed work have not been released till date. 3. Heard the submissions of the learned counsel for the petitioner, Sri. A.S.C.Bose, the learned Standing Counsel for the Corporation and the learned Assistant Government Pleader for Finance and Planning. 4. 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 and that the non-payment of bills is due to paucity of funds. 5. Considering the submissions, the concerned respondents are hereby directed to verify and release the payments as expeditiously as possible 4 preferably within a period of six (06) weeks from the date of receipt of a copy of this order. 6. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs. 7. Pending miscellaneous petitions, if any, shall stand closed. ____________________ JUSTICE HARINATH.N 20.12.2025 PNS