M/s. CRR Constructions v. The State of Andhra Pradesh,
WP/30169/2025 · 2025-11-24
K Sreenivasa Reddy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 55892 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 55892 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010579462025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] TUESDAY, THE TWENTY FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE
PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 30169/2025 Between:
1. M/S. CRR CONSTRUCTIONS, H. NO. 19-87/1, AMMAVARI THOTA NUZVID, ELURU DISTRICT REPRESENTED Y ITS MANAGING PARTNER CHALASANI RATNAKARA RAO. ...PETITIONER A N D
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, TRIBAL WELFARE DEPARTMENT, SECRETARIAT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT
2. THE PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT GOVERNMENT OF ANDHRA PRADESH, SECRETARIAT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. THE COMMISSIONER, TRIBAL WELFARE NTR DISTRICT AT VIJAYAWADA
4. THE SUPERINTENDING ENGINEER, TRIBAL WELFARE VISAKHAPATNAM CIRCLE, VISAKHAPATNAM DISTRICT. 5. THE EXECUTIVE ENGINEER, TRIBAL WELFARE K.R.
PURAM, ELURU 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 to issue a writ, order, or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in not paying bill amount of Rs. 19,62,517/- towards the work executed by the petitioner i.e Providing additional Infrastructure Facilities to hostel converted to Residential school at Jaggayyapeta (V) and (M) in Krishna District
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under Agreement No. 65/2022-23/DB, Dated. 26.11.2022, in spite of approval, as illegal, arbitrary, malafidy, against to the principles of natural justice, contrary to law and in violation of Article 14, 21 and 19(1)(g) of the Constitution of India and consequently direct the respondents to pay the approved bill amount along with interest to the petitioner in the interest of justice and to pass
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 bill amount of Rs. 19,62,517/- towards the work executed by the petitioner i.e Providing additional Infrastructure Facilities to hostel converted to Residential school at Jaggayyapeta (V) & (M) in Krishna District under Agreement No. 65/2022-23/DB, Dated. 26.11.2022, pending disposal of the above writ petition in the interest of justice and pass
Counsel for the Petitioner:
1. KAMBHAMPATI RAMESH BABU Counsel for the Respondent(S):
1. GP FOR SOCIAL WELFARE
2.
GP FOR FINANCE PLANNING The Court made the following:
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O R D E R
This Writ Petition is filed challenging the action of respondents in not paying bill amount of Rs.19,62,517/- towards the work executed by the Writ Petitioner i.e. providing additional infrastructure facilities to Hostel converted to Residential School at Jaggayyapeta Village and Mandal of Krishna District, under Agreement No.65/2022-23/DB, dated 26.11.2022 in spite of approval. 2. The contents of the affidavit filed by the Managing Partner of the Writ Petitioner Constructions, in support of the Writ Petition, in brief, are that, 4th respondent entrusted providing additional infrastructure facilities to hostel converted to Residential School at Jaggayyapeta Village and Mandal of Krishna District to the Writ Petitioner by executing an Agreement No.65/2022-23/DB, dated 26.11.2022 and accordingly, the Writ Petitioner completed the said work as per the Agreement and as per the prescribed specifications. The Quality Control Department verified the work and issued a Certificate stating that the above work was executed satisfactorily based on field tests carried out by them. After due verification, 4th respondent and its Subordinate recorded Measurement Book and issued pass orders and accordingly, 4th
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respondent passed final bill amount for an amount of Rs.19,62,517/- on 30.08.2024, but the respondents did not pay the said bill amount in spite of repeated requests made by the Writ Petitioner. Hence, the Writ Petition. 3. It is the contention of learned counsel for the Writ Petitioner that the interest on the amount borrowed, is piling up day-by-day and non-payment of the amount would create undue hardship and irreparable loss to the Writ Petitioner. The respondents are not justified in withholding the amounts payable to the Writ Petitioner even after completing the work within the stipulated time and to their satisfaction. 4. Heard the learned counsel for the Writ Petitioner and learned Government Pleader for Tribal Welfare representing respondent Nos.1, 3 to 5 and learned Government Pleader for Finance representing respondent No.2.
Perused the entire material available on record. 5. A perusal of the material on record goes to show that vide Agreement, dated 26.11.2022, the Writ Petitioner was entrusted the work of providing additional infrastructure facilities to Hostel converted to Residential School at Jaggayyapet in Krishna District. The estimation amount for the said work as per the
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Agreement is Rs.80.00 lakhs, and the time fixed for completion of the said work was Nine (09) months. 6. A perusal of the Measurement Book filed by the Writ Petitioner goes to show that an amount of Rs.19,62,517/- is being approved by the Executive Engineer, TWED, K.R.Puram of Eluru District for payment to the Writ Petitioner for the work done as per the Agreement. But, as per the contention of the learned counsel for the Writ Petitioner, it appears that even after completion of the said work as per the Agreement, the said amount has not been paid to the Writ Petitioner, due to which the interest on the amount, secured by the Writ Petitioner for getting the work done as per the Agreement, is piling up day-by-day and non-payment of the said sum would definitely cause hardship and irreparable loss to the Writ Petitioner. Therefore, having regard to the facts and circumstances of the case, the respondents are responsible for the said delay in making payment to the Writ Petitioner, for which, it is legally entitled. 7. In view of the same, having regard to the facts and circumstances of the case, the respondents are directed to release the pending amount of Rs.19,62,517/- (Rupees Nineteen Lakhs Sixty Two Thousand Five Hundred and Seventeen only) to the Writ
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Petitioner within a period of eight (08) weeks from the date of receipt of a copy of this order, failing which, the Writ Petitioner is entitled to claim interest @ 6% per annum from the date of order till the date of realization. 8. With the above direction, Writ Petition is disposed of.
There shall be no order as to costs of the Writ Petitioner. Consequently, miscellaneous applications pending if any, shall also stand closed. JUSTICE K. SREENIVASA REDDY 25th November, 2025. ARB/DNB