APHC010091762023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] WEDNESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 4601/2023 Between: 1. M/S. SREE SAINATH ENGINEERING WORKS, REPRESENTED BY ITS PROPRIETOR, NEERUDU ASHOK KUMAR, S/O (LATE) MAHESH, AGED ABOUT 62 YEARS, D.NO. 1-11-64/B, CHINNA THOKKATA, BOWENPALLY, SECUNDERABAD, TELANGANA STATE- 500011 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYAT RAJ AND RURAL DEVELOPMENT (RD-1), SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT, 2. STATE OF ANDHRA PRADESH, DEPARTMENT OF FINANCE AND PLANNING SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT, REPRESENTED BY ITS PRINCIPAL SECRETARY. 3. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT, PVS ICON BUILDINGS, TADEPALLI, GUNTUR DISTRICT. 4. THE DISTRICT COLLECTOR, SRIKAKULAM, SRIKAKULAM DISTRICT. 2 5. THE JOINT COLLECTOR CUM CHAIRMAN, DISTRICT PURCHASE COMMITTEE, SRIKAKULAM, SRIKAKULAM DISTRICT. 6. THE CHIEF EXECUTIVE OFFICER, ZILLA PARISHAD, SRIKAKULAM DISTRICT, SRIKAKULAM. 7. THE DISTRICT PANCHAYAT OFFICER, SRIKAKULAM, SRIKAKULAM DISTRICT. 8. THE SWATCH ANDHRA CORPORATION, REP. BY ITS MANAGING DIRECTOR, VATERNARY COLONY, VIJAYAWADA. NTR DISTRICT. 9. THE DIRECTOR OF VIGILANCE AND ENFORCEMENT VANDE, GENERAL ADMINISTRATION DEPARTMENT, 2ND FLOOR, NTR ADMINISTRATIVE BLOCK, PANDIT NEHRU BUS STATION, VIJAYAWADA, ...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 tomay be pleased to issue order, writ or direction more particularly one in the nature of Writ of Mandamus declaring the Notice vide Rc.No.1029/2017 P-12, dt. 30.03.2022 (impugned notice) issued by office of Respondent no. 7 directing the Petitioner herein to make a payment of a total amount of Rs.56,00,958/- (Fifty six lakhs, Nine hundred and fifty eight rupees only) towards loss to government, liquidation charges and EMD amount and further the action of Respondents in not paying the Petitioner the entitled amount to a tune of Rs. 28,82,899/- (Twenty eight lakhs Eighty two thousand Eight hundred and Ninety nine Rupees Only) for supply of tricycles and dustbins as illegal, arbitrary, unjust, unconstitutional and in violation of principles of natural justice and violative of Article 300A of the Constitution of India and consequently set aside the impugned notice and direct the respondents to release payment for an amount of Rs. 28,82,899/- (Twenty eight lakhs Eighty two thousand Eight hundred and Ninety nine Rupees Only) along 3 with interest at 24percent Per Mum, for supply of Tricycles and dustbins and pass such 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 may be pleased to stay all the further proceedings with regards to the impugned Notice vide Rc.No.1029/2017 P-12, dt. 30.03.2022 and pass such IA NO: 2 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 may be pleased to direct the respondents to release payment for an amount of Rs. 28,82,899/- (Twenty-eight lakhs Eighty two thousand Eight hundred and Ninety nine Rupees Only) for supply of Tricycles and pass such IA NO: 3 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 receive counter affidavit on record by allowing the leave petition in the above writ petition and pass Counsel for the Petitioner: 1. JAVVAJI SARATH CHANDRA Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING 2. KIRAN KUMAR VADLAMUDI 3. GP FOR PANCHAYAT RAJ RURAL DEV 4 The Court made the following Order: Sri D. Souri Babu, learned counsel representing Sri Javvaji Sarath Chandra, learned counsel for the petitioner, seeks permission of this Court to withdraw the present writ petition with a liberty to file fresh writ petition. 2. Permission is granted. 3. Recording the said submission, the Writ Petition is dismissed as withdrawn, giving liberty to the petitioner to file fresh writ petition. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. ___________________________ JUSTICE RAVI CHEEMALAPATI Date: 31.12.2025 ANS 5 61 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 4601/2023 Date: 31.12.2025 ANS