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2025 DAILYLAW 55433 (AP)

SRI DHARMA SHASTA CONTRACTORS v. THE STATE OF ANDHRA PRADESH

WP/26098/2024 · 2025-10-28

Ravi Cheemalapati

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010504742024 IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY, THE TWENTY NINETH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: Between: 1. SRI DHARMA SHASTA CONTRACTORS, REP. BY ITS MANAGING PARTNER A MURALI MOHAN RAO, S/O. A VENKATA NARASAIAH, AGED ABOUT 53 YEARS, OCC CONTRACTOR, R/O. 18 KONDAPETA, BANAGANAPALLI, NANDYAL, NANDYAL DISTRICT, PINCODE 518124. 1. THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETAIY, DEP SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, NANDYAL, NANDYAL DISTRICT. 4. THE SUPERINTENDING ENGINEER, PR CIRCLE, KUMOOL, KURNOOL DISTRICT. 5. THE EXECUTIVE ENGINEER, KUMOOL, KUMOOL DISTRICT. 6. THE ASSISTANT DIRECTOR OF MINES AND GEOLOGY, NANDYAL, NANDYAL DISTRICT. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINETH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 26098/2024 SRI DHARMA SHASTA CONTRACTORS, REP. BY ITS MANAGING PARTNER A MURALI MOHAN RAO, S/O. A VENKATA NARASAIAH, AGED ABOUT 53 YEARS, OCC CONTRACTOR, R/O. 18 KONDAPETA, BANAGANAPALLI, NANDYAL, NANDYAL DISTRICT, ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETAIY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR THE DISTRICT COLLECTOR, NANDYAL, NANDYAL DISTRICT. THE SUPERINTENDING ENGINEER, PR CIRCLE, KUMOOL, KURNOOL DISTRICT. THE EXECUTIVE ENGINEER, PR (PIU) DIVISION, NANDYAL @ KUMOOL, KUMOOL DISTRICT. THE ASSISTANT DIRECTOR OF MINES AND GEOLOGY, NANDYAL, NANDYAL DISTRICT. ...RESPONDENT(S): IN THE HIGH COURT OF ANDHRA PRADESH [3332] WEDNESDAY, THE TWENTY NINETH DAY OF OCTOBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI SRI DHARMA SHASTA CONTRACTORS, REP. BY ITS MANAGING PARTNER A MURALI MOHAN RAO, S/O. A VENKATA NARASAIAH, AGED ABOUT 53 YEARS, OCC CONTRACTOR, R/O. 18-91, KONDAPETA, BANAGANAPALLI, NANDYAL, NANDYAL DISTRICT, ...PETITIONER THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL ARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR THE DISTRICT COLLECTOR, NANDYAL, NANDYAL DISTRICT. THE SUPERINTENDING ENGINEER, PR CIRCLE, KUMOOL, PR (PIU) DIVISION, NANDYAL @ THE ASSISTANT DIRECTOR OF MINES AND GEOLOGY, NANDYAL, ...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 of mandamus or any other appropriate writ or direction declaring the action of the Respondents not releasing the amount of Rs.17,15,482/-, even after finalizing the bills, payable to the petitioner in relation to the works i.e.. Construction of pipe culvert across Jurreru vagu in Amadala of Koilakuntla Mandal, vide Agreement No. /2023-24, dated 26.07.2023 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amount of Rs. 17,15,482/- with interest @24percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith and pass IA 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 to direct the respondents to pay for payment of amount of Rs. 17,15,482/- with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works i.e. Construction of pipe culvert across Jurreru vagu in Amadala of Koilakuntla Mandal, vide Agreement No. /2023-24, dated 26.07.2023, forthwith, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. BATHALA RAMESH Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE 3. GP FOR MINES AND GEOLOGY 4. GP FOR FINANCE PLANNING 3 The Court made the following order: The grievance of the petitioner is that even after finalizing the bills, the respondent authorities are not releasing the amount of Rs.17,15,482/- payable to it in relation to the works i.e., construction of pipe culvert across Jurreru vagu in Amadala of Koilakuntla Mandal, vide Agreement No. 2023/24, dated 26.07.2023. 2. When the matter is taken up for consideration today, Ms Chandrika, learned Assistant Government Pleader for Panchayat Raj & Rural Development, while placing on record the written instructions of the Executive Engineer, PR (PIU) Division, Nandyal vide Lr.Rc.No.A3/WP No.26098 of 2024 dated 16.09.2025, submitted that the authorities have admitted the bill of the petitioner and they will have to pay the same, however sought two months time for payment of the said amount. 3. To the said submission, Sri Bathala Ramesh, learned counsel for the petitioner, reported no objection regarding payment and granting of two months’ time for making payment and prayed to pass appropriate orders in that regard. 4. Perusal of the written instructions of the Executive Engineer, Executive Engineer, PR (PIU) Division, Nandyal, dated 16.09.2025 indicates that an amount of Rs.19,59,912/- is to be paid to the petitioner. The required documents and a letter seeking release of the grant have already been 4 submitted to the Deputy Director of Mines and Geology, Nandyal. Upon release of the funds, a net amount of Rs.17,15,482/- will be released to the petitioner after deducting the statutory recoveries of Rs.2,44,430/- 5. In view of the facts and circumstances of the case and taking the submissions of learned counsel for the parties into consideration, as the authorities have expressed their intention to pay the bill amount to the petitioner, there is no purpose in keeping this Writ Petition pending. As such, this Court is inclined to dispose of the same, with the consent of both the parties, at the admission stage itself, by passing the following order: “The respondent authorities are directed to release an amount of Rs.17,15,482/- (Rupees Seventeen Lakhs Fifteen Thousand Four Hundred and Eighty Two only) to the petitioner within a period of two (2) months from the date of receipt of a copy of this order. It would be open to the petitioner to agitate its claim for interest, if any, payable by the respondents in an appropriate forum, if so advised.” 6. Accordingly, the Writ petition is disposed of. There shall be no order as to costs. As a sequel thereto, interlocutory applications pending, if any in the Writ Petition, shall also stand closed. ____________________________ JUSTICE RAVI CHEEMALAPATI 29.10.2025 MP 5 227 THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO.26098 OF 2024 29.10.2025 MP