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2025 DAILYLAW 56639 (AP)

M/s.Ch.Venkaiah and Co., v. The State of Andhra Pradesh,

WP/32753/2023 · 2025-11-30

Ravi Cheemalapati

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010634432023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] MONDAY, THE FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 32753/2023 Between: 1. M/S.CH.VENKAIAH AND CO.,, VIJAYAWADA, N.T.R. DISTRICT. REP. BY ITS MANAGING PARTNER, PEDARLA VENKATA SAMPATH KUMAR, S/O.RAJA BABU, AGED ABOUT 48 YEARS, R/O.30-21-2, OLD EMPLOYMENT OFFICE ROAD, KAKANI NAGAR, CHUTTUGUNTA, VIJAYAWADA, DISTRICT-520002. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS SPECIAL CHIEF SECRETARY TO GOVERNMENT, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE CHAIRMANCUMCOLLECTOR AND DISTRICT MAGISTRATE, DISTRICT MINERAL FUNDS TRUST, N.T.R. DISTRICT. BANDAR ROAD, VIJAYAWADA. 3. THE DEPARTMENT OF MINES AND GEOLOGY, REP BY ITS DIRECTOR, SRI ANJANEYA TOWERS, B-BLOCK, 5TH AND 6TH FLOORS, IBRAHIMPATNAM, 2 VIJAYAWADA, N.T.R. DISTRICRT. 4. THE SUPERINTENDING ENGINEER, PR CIRCLE, KRISHNA DISTRICT AT MACHILIPATNAM. 5. THE EXECUTIVE ENGINEER, PRI DIVISION, VIJAYAWADA, N.T.R. DISTRICT. 6. THE ANDHRA PRADESH CENTRE FOR FINANCIAL SYSTEMS AND SERVICES APCFSS, COMPREHENSIVE FINANCIAL MANAGEMENT SYSTEM FINANCE AND PLANNING DEPARTMENT, REP BY ITS CHIEF EXECUTIVE OFFICER FLOOR, C-BLOCK, ANJANEYA TOWERS, IBRAHIMPATNAM, N.T.R. DISTRICT, ANDHRA PRADESH - 521456. ...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 topleased to issue a writ, order or direction more particularly one in the nature of WRIT OF Mandamus declaring the action of Respondent in not releasing admitted bills amount of Rs.2,95,45,721/- for (a) improvement to the road from Wyra road @ 9 to Bhimavaram in Vatsavai Mandal (b) improvements to the road from Anumanchilipalli to Balusupadu Road (via) Ghinecheruvu in Jaggaiapeta Mandal (c) improvement to the road from Talluru to Muchintal Penuganchiprolu Mandal in connection with agreement dt. 14.10.2022 respectively despite the order of 2nd Respondent in proceedings No.1104/DMF- NTR/2022, dt.l5.11.2023, despite 5h Respondent uploaded bills in CFMS portal and keeping pending without valid reason is illegal, irrational, arbitrary, and in violation of principles of natural justice and offends Articles 14, 19 and 21 of the Constitution of India and consequently direct Respondent No(s).l and 6 to release admitted bill amounts of Rs.2,95,45,721/- along with interests at 12percent to the Petitioners firm and to pass 3 IA NO: 1 OF 2023 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 pleased to direct Respondent No(s).l & 6 to release admitted bill amounts of Rs.2,95,45,721/- along with interests at 12% to the Petitioners firm and to pass Counsel for the Petitioner: 1. V.N.V.SURYA DATTU Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING 2. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: ORDER: Aggrieved by non-payment of bill amount to the petitioner for the works executed under agreement dated 14.10.2025, the present writ petition is filed. 2. Heard Sri V.N.V. Surya Dattu, learned counsel for the petitioner and Ms. Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj for the respondents. 3. Ms. Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj, on written instructions dated 29.11.2025, submitted that after statutory directions, an amount of Rs.2,62,76,032/- has been paid to the petitioner. 4 4. In reply, learned counsel for the petitioner submitted that the petitioner is not in contact with him. However, he requested to record the submission of learned Assistant Government Pleader and prayed to close the writ petition. 5. Considering the submissions that the petitioner is not in contact with his advocate and after statutory deduction, an amount of Rs. 2,62,76,032/- has been paid to the petitioner, the Writ Petition is closed. If at all the petitioner still feels that the cause in the writ petition survives, he can file appropriate application within a period of two (02) months from the date of receipt of a copy of this order. No costs. There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI Date: 01.12.2025 ANS 5 273 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 32753/2023 Date: 01.12.2025 ANS