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High Court of Andhra Pradesh · body

2025 DAILYLAW 5607 (AP)

NVG Constructions, v. The State of Andhra Pradesh,

WP/2787/2025 · 2025-02-11

V Sujatha

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

i IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) / TUESDAY, THE ELEVENTH DAY OF FEBRUARY |2 TWO THOUSAND AND TWENTY FIVE ^ PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 2787 OF 2025 Between: M/S NVG Constructions, Rep., by its Managing Partner, K. Viswanadh, S/o Hanume Gowdu, Aged about 38 years, Occ. Contractor, D.No. 2-5, 2nd Floor, Room No.1, Thotakanuma village, Venkatagiri Kota Mandal, Chittoor District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by Principal Secretary, Municipal Administration Department, Secretariat Buildings, Velagapudi, Amaravathi. 2. Palamaner Municipality, Rep.by its Commissioner, Palamaner, Chittoor District. 3. The Deputy Executive Engineer, Palamaner Municipality, Chittoor District 4. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Finance and Planning, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ of mandamus any other appropriate writ or direction to declaring the action of the Respondents herein in withholding the payment of Gross amount of Rs. 19,70,305/- in Net amount of Rs. 17,59,938/- (CFMS.No. 2024- 281733) even after finalizing the bills payable to the petitioner in relation to the work i.e., GGMP-HIW. Laying of CC Road at D.No.3-81/2 to 3-81/3-7 in ward No.8 in Palamaner Municipality vide Agreement No.51/2023-24, dt.22.11.2023, is questioned, as the same is illegal, arbitrary and violation of fundamental rights and consequently direct the respondents to consider for payment of balance amount of Gross amount of Rs. 19,70,305/- in Net amount of Rs. 17,59,938/- (CFMS.No. 2024-281733) with interest @24% per annum for the delayed amount to the petitioner in respect of execution of above- mentioned work forthwith. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed 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 consider for payment of Gross amount of Rs. 19,70,305/- in Net amount of Rs. 17,59,938/- (CFMS.No. 2024- 281733) payable to the petitioner in relation to the work i.e., GGMP- HIW: Laying of CC Road at D.No.3-81/2 to 3-81/3- 7 in ward No.8 in Palamaner Municipality vide Agreement No:51/2023-24, dt.22.11.2023, forthwith, pending disposal of the Writ Petition. Counsel for the Petitioner :SRI. SURESH KUMAR REDDY KALAVA Counsel for the Respondent No.1: GP MUNCIPAL ADMN AND URBAN DEV Counsel for the Respondent No’s; 2 & 3: MS V SIREESHA RANI, SC FOR MUNICIPALITY Counsel for the Respondent No.4: GP FOR FINANCE & PLANNING The Court made the following ORDER: 1 APHC010047802025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY ,THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 2787/2025 Between: ...PETITIONER Nvg Constructions, AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.SURESH KUMAR REDDY KALAVA Counsel for the Respondent{S): 1.GP MUNCIPAL ADMN AND URBAN DEVAP 2.GP FOR FINANCE PLANNING The Court made the following: 2 Vs ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “....to issue a writ of mandamus any other appropriate writ or direction to declaring the action of the Respondents herein in withholding the payment of Gross amount of Rs. 19,70,305/- in Net amount of Rs. 17,59,938/- (CFMS.No. 2024- 281733) even after finalizing the bills payable to the petitioner in relation to the work i.e., GGMP-HIW. Laying of CC Road at D.No.3-81/2 to 3-81/3-7 in ward No.8 in Palamaner Municipality vide Agreement- No.51/2023-24, dt.22.11.2023, is questioned, as the same is illegal, arbitrary and violation of fundamental rights and consequently direct the respondents to consider for payment of balance amount of Gross amount of Rs. 19,70,305/- in Net amount of Rs. 17,59,938/- (CFMS.No. 2024-281733) with interest @24 percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith and pass " 2. Heard learned counsel for the petitioner and learned counsel appearing for the respondents. Learned counsel for the petitioner submits that even though respondents admitted that the petitioner is entitled for payment of the aforesaid sum of money, no payment is being made and such non-payment of money is clearly arbitrary and high-handed and thereby requires 3. interference by this Court. 4. Today, when the matter came up for hearing, learned Standing Counsel for Municipal Administration and Urban Development submitted that the amounts payable to the petitioner are admitted bills and that bills were 3 prepared for the net amount of Rs. 17,59,938/- payable to the petitioner and that the same were uploaded in CFMS portal with token number 2024- 281733. He further submitted that the amount will be paid to the petitioner as soon as the funds are released by the Government. In view of the above instructions, since the bill amount claimed by the petitioner is an admitted bill, this Court feels it appropriate to dispose of the writ petition directing the respondents to release the amount of Rs. 17,59,938/- to the petitioner within a period of three (3) months from the date of receipt of a copy of this order. 5. 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed. Sd/- W1 SRiNIVAS assistant registrar I //true copy// Administration Department, State of Velagapudi, Amaravathi. Palamaner, To Principal Secretary, Municipal Pradesh, Secretariat Buildings Commissioner,Palamaner 1. The Andhra 2. The District. 3. The Deputy Executive Engineer Chittoor Municipality Municipality, Chittoor Palamaner District 4. The Principal Secretary, Department of Finance and Planning, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 5. One CC to SRI. SURESH KUMAR REDDY KALAVA Advocate [OPUC] 6. OneCCto MS V SIREESHA RANI, SC FOR MUNICIPALITY [OPUC] 7. Two CCs to GP MUNCIPAL ADMN AND URBAN DEV, High Court Of Andhra Pradesh. [OUT] 8. Two CCs to GP FOR FINANCE & PLANNING, High Court Of Andhra Pradesh. [OUT] 9. Three CD Copies PRK HIGH COURT DATED:11/02/2025 ORDER <J WP.No.2787 of 2025 1 7 MAR 2125 . Current Section . DISPOSING OF THE W.P. WITHOUT COSTS