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2025 DAILYLAW 56906 (AP)

S V CONSTRUCTIONS v. THE STATE OF AP

WP/3572/2024 · 2025-04-23

Subba Reddy Satti

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 3572 OF 2024 Between: S V Constructions, Having it Office at Kummaravandia Palli Village. Kadiri Town and Mandal, Satya Sai District, Rep by its Managing Partner, Bandi Prasad. ...Petitioner / AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Roads and Buildings Department, Secretariat Buildings, Velagapudi. Guntur District. « 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 3. The Superintending Engineer, R and B Circle, Anantapuramu Anantapuramu District. ^ ols^ric^^^^^''^^ Engineer, R and B Circle, Dharmavaram, Anantapuramu ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a writ order or direction more particularly one in the nature of writ of MANDAMUS dectaring the action of the respondents in not releasing the amount of Rs. 10,35,57,985/- to the petitioner may even after execution of work Widening and Strengthening of Hindupur-Somande palli road from KM 10/0 to 22/480 in Anantapuramu District vide Agreement. No. 76/2021-22 dated 29.06.2021 as illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India and also oppose to the settled principles of law, and consequently direct the respondents comply forthwith by releasing the amount of Rs. 10,35,57,985/- to the petitioner forthwith to / lA MO: 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 For the reasons stated above, I tender my sincere unconditional apology to the Hon’ble Court and pray to recall the Bailable Warrant issued against the Respondent No.3 by this Hon’ble Court dated: 08.04.2025 I At^ 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 release the admitted amount Rs. 10,35,57,985/- to the petitioner even after execution of work and Strengthening of Hindupur-Sdmandepalli road from KM 10/0 to 22/480 jn Anantapu- ramu Widening District A^ide Agreement.No.76/2021-22 29.06.2021 pending disposal of the writ petition dated Counsel for the Petitioner; SRI SAI MANOJ REDDY L Counsel for the Respondents No.1, 3, 4: GP FOR ROADS BUILDINGS (AP) Counsel for the Respondent Nd.2: GP FOR FINANCE AND PLANNING The Court made the following: Order } APHC010063892024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] VZ ■Jir THURSDAY ,THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 3572/2024 Between: ...PETITIONER S V Constructions AND ...RESPONDENT(S) The State Of Ap and Others Counsel for the Petitioner: 1.SAI MANOJ REDDY L Counsel for the Respondent(S): 1.GP FOR ROADS BUILDINGS (AP) 2.GP FOR FINANCE PLANNING (AP) The Court made the following order: The above writ petition is filed to declare the action of the respondents in not releasing the amount of Rs. 10,35,57,985/- payable to the petitioner concerning the execution of work i.e. “Widening & Strengthening of Hindupur- Somandepalli road from KM 10/0 to 22/480 in Anantapuramu District”, as illegal and arbitrary. A counter affidavit was filed on behalf of respondent No.3 wherein it was stated as follows: 2. ) y "... Accordingly the contractor started the work and executed the work worth of Rs.8,46,33,953/- (excluding L.S. \ Si W.P.No.3572 OF amounts) as contractor bill is not uploaded gross r Rs.8,46,33,953/-.” 20' on 30-05-2023. Based on the work done by the prepared for Rs.9,51,59,528/-. necessary bill is The for want of amount Rs.9.51.59.528/-. necessany budget release for order Net amount of 3. Heard Sri L. Sai Manoj Reddy, learned learned Assistant Governme respondents 1. 3 and 4 counsel for the petitioner; nt Pleader for Roads and Smt. Chandrika for respondent No.2. Ch. Praveen. Sri for and Buildings, learned Assistant government Pleader for Finance, Learned counsel for the work the petitioner submits as per the agreement No. 76/2021-22 respondents have not released the amount. Government Pleader net amount of Rs.8.46.33 order. that despite completion of dated 29.06.2021, the 5- Learned Assistant submits that the bill for the want of the budget release for Roads and 953/- is not uploaded for Buildings 6. amount payable Given the net 7. averments in the counter affidavit si -gardmg the petitioner's entitlement, this admission stage with the the respondents to since there is no dispute writ petition is disposed of, at the counsel on either side, directing amount of Rs. 8 46 33 Q'h?/ of the aforementioned ’ ’ ' ® a copy of the order. No order consent of learned release the concerning the execution the receipt of work, within five months from as to costs. As a sequel pending miscellaneous petitions, if any, shall stand closed Sd/- P. VINOD KUMAR GISTRAR //true COPY// I ASSISTANT To, SECTION OFFICER \/^/ Hradesh. Roads • Velagapudi, Guntur Diswc? 4 2. The Principal Secretary, State of Andhra Pradesh, Finance Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. R and B Circle, Anantapuramu, 3. The Superintending Engineer, Anantapuramu District. 4. The Executive Engineer, R and B Circle, Dharmavaram, Anantapuramu District. 5. One CC to SRI SAI MANOJ REDDY L Advocate [OPUC] 6. Two CCs to GP FOR ROADS AND BUILDINGS (AP), High Court of Andhra Pradesh [OUT] 7. Two CCs to GP FOR FINANCE AND PLANNING, High Court of Andhra Pradesh [OUT] 8. Three CD Copies gsg T i HIGH COURT DATED; 24/04/2025 \ ORDER WP.No.3572 of 2024 ml •X 0 7 OCT 2725 O •'•2, .•V -k i DISPOSING THE WP WITHOUT COSTS