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2025 DAILYLAW 55401 (AP)

M/s. B.V.Prabhujee, v. State of Andhra Pradesh,

WP/30082/2024 · 2025-10-14

B S Bhanumathi

body2025

Judgment text

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APHC010565732024 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) Wednesday, the Fifteenth day of October, Two Thousand and Twenty Five The Honourable Ms. Justice B.S.Bhanumathi Writ Petition No. Between: 1. M/s. B.V.Prabhujee, S R.K.Paradise, Kusumagajapathi represented by its Managing partner 1. State of Andhra Pradesh, rep. by its Co-operation Department, A Guntur district. 2. State of Andhra Pradesh, rep Panchayat Raj Department, Guntur district. 3. State of Andhra Pradesh, rep Finance (FMU-Revenue) 237, Guntur district. 4. The Commissioner and Pradesh, 7 CRF, CM2 Guntur - 522 003. 5. The Engineer-in-chief, M.G.Road, Vijayawada 6. The Superintending Engineer, 7. The Assistant Pay and office road, Vizianagaram IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) Wednesday, the Fifteenth day of October, Two Thousand and Twenty Five Present The Honourable Ms. Justice B.S.Bhanumathi Writ Petition No.30082 of 2024 B.V.Prabhujee, Special Class (Civil) contractor, at flat no.101, usumagajapathi Nagar, Vizianagaram - 535 003, anaging partner B.V.Prabhujee. ...Petitioner and radesh, rep. by its Principal Secretary, Agriculture and Department, A.P, Secretariat, Velagapudi - radesh, represented by its Principal Secretary, epartment, A.P.,Secretariat, Velagapudi - radesh, represented by its Principal S evenue) Department, A.P.Secretariat, Velagapudi ommissioner and Director of Agricultural Marketing, CRF, CM2, Chuttugunta Circle, Maharshi Dayanand chief, Panchayatraj department, A.P.Z.P.compound, ijayawada - 520 010. ngineer, P.R.Circle, Vizianagaram - 535 001 ay and Accounts Officer Works and Accounts, C izianagaram- 535001. ...Respondents [3311] Wednesday, the Fifteenth day of October, Two Thousand and Twenty Five , at flat no.101, 535 003, ...Petitioner griculture and 522 237, ncipal Secretary, 522 237, ncipal Secretary, elagapudi - 522 arketing, Andhra ayanand Nagar, compound, 535 001 Accounts, Collector ...Respondents 2 W.P.No.30082 of 2024 BSB,J Counsel for the Petitioner: 1. N.Siva Reddy Counsel for the Respondent(S): 1. Government Pleader for PanchayatRaj and Rural Development 2. Government Pleader for Agriculture 3. Government Pleader for Finance Planning 3 W.P.No.30082 of 2024 BSB,J The Court made the following Order: This petition is filed under Article 226 of the Constitution of India to issue a writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent authorities in not paying amount to the petitioners for the works covered under agreements Nos.02 / 2023 - 24, dated 15-05-2023 and 03 / 2023 - 2024, dated 15-05-2023 entered into with the 6th respondent as illegal, arbitrary and violative of Articles 14, 19(1)(g), 21 and 300-A of the constitution of India and consequently direct the respondent authorities to forthwith pay the said bill amounts with interest @ 18 % from the date of due till the payment is made and pass such other order which this Court deems fit in the interest of justice. 02. It is the contention of the petitioner that even though the respondents admitted that the petitioner is entitled to the aforesaid amount, no payment is made. The petitioner contends that such non- payment of money is clearly arbitrary and high-handed, requiring the interference of this Court. 03. On the other hand, learned Government Pleader for PanchayatRaj and Rural Development, admitting about the partial claim of the petitioner for Rs.9.53 crores placed on record a copy of Memo No.PRR01- PRE0PROG (ROAD)171 / 2025-PROG-III, dated 07.10.2025. The Principal Secretary to Government, PanchayatRaj and Rural Development Department, Andhra Pradesh in respect of pathole free works under the A.M.C. He submitted that the bills would be cleared soon after the release of funds and requested two (02) months time for making the payments. The relevant portion of the memo states as below : 4 W.P.No.30082 of 2024 BSB,J “2. In this connection, it is informed that, as on today total 64 W.Ps are pending before the Hon’ble High Court for payments in respect of pathole free works under A.M.C. grant for an amount of Rs.154.70 crores including the above two W.Ps.Nos.28271 of 2024 and W.P.No.30082 of 2024 for an amount of Rs.5.94 crores and Rs.9.53 crores respectively. Accordingly, necessary proposals for release of funds under PRR (Plain) grant of State budget for Rs.154.70 crores have been sent to Finance Department through e.file C.No.2763966 on dt.12-09-2025. 3. Further, it is informed that on 06.10.2025, the Principal Secretary to PR & RD has assured the Hon’ble High Court that the payments in respect of W.P.Nos.28271 of 2024 of 30082 of 2024 would be cleared within two months, as the Department is pursuing the matter with the Finance Department for the release of funds. 4.The Government Pleader for PR & RD, A.P. High Court, is therefore requested to appraise the above facts of the case to the Hon’ble High Court of A.P. and request the Hon’ble Court to close W.P.Nos.28271 of 2024 and 30082 of 2024 duly granting (2) months time for making the payments, in order to avoid further legal complications in the matter”. 04. In view of the submissions of the learned counsel for the petitioner and the learned Government Pleader for PanchayatRaj and Rural Development, this Writ Petition is allowed with a direction to the respondents to release the admitted amount of Rs.9.53 crores (Rupees nine crores fifty three lakhs only) to the petitioner, along with the interest as per the entitlement vide the judgment of the Division Bench of this Court in Writ Appeal No.724 of 2021 and batch of cases dated 12.10.2023 if applicable, within a period of two (02) months from the date of receipt of a copy of this order. 5 W.P.No.30082 of 2024 BSB,J There shall be no order as to costs. 05. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ___________________ ___ JUSTICE B.S. BHANUMATHI Date: 15.10.2025 GRL 6 W.P.No.30082 of 2024 BSB,J 309 THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO:30082 of 2024 Date: 15.10.2025 GRL