Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 56935 (AP)

M/s.Maruthi Engineering Company, Visakaptnam. v. The State of Andhra Pradesh,

WP/25123/2025 · 2025-11-21

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 APHC010477572025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] SATURDAY,THE TWENTY SECOND DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 25123/2025 Between: 1. M/S.MARUTHI ENGINEERING COMPANY, VISAKAPTNAM., REP. BY ITS PROPRIETOR D.CHANDRA SEKHAR, S/O.LATE VENKATA REDDY, AGED ABOUT 74 YEARS, OCC- CIVIL CONTRACTOR, R/O.D.NO.9-11-8/7, SIVAJIPALEM, OPP- SIVAJI PARK LANE, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT (MAUD) DEPARTMENT, SECRETARIAT BUILDINGS, AT VELAGAPUDI, AMARAVATI, ANDHRA PRADESH. 2. THE ELURU MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, ELURU, ELURU DISTRICT. 3. THE EXECUTIVE ENGINEER, ELURU MUNICIPAL CORPORATION ELURU, ELURU DISTRICT. 4. THE DIRECTOR, WORKS AND ACCOUNTS DEPARTMENT, ANJANEYA TOWERS, IBRAHIMPATNAM, VIJAYAWADA, KRISHNA DISTRICT, ANDHRA PRADESH. ...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 2 the nature of a Writ of Mandamus or any other appropriate Wirt, Direction or Order questioning the action of the respondents in not paying pending admitted bill for an amount of Rs.25,81,816/- for the work Construction of Garbage Transfer Station at pampula cheruvu besides Municipal Corporation Vehicle depo in Pedapadu road in 21st division Eluru Municipal Corporation in favour of the petitioner even though the entire work was completed in the year 2021-22 within stipulated time is illegal and arbitrary and violative of articles 14, 16 and 21 of constitution of India and consequently direct the respondents to clear the admitted bills pertaining to the above work and 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 pleased to direct the respondents to pay the pending admitted bill for the tender work “Construction of Garbage Transfer Station at pampula cheruvu besides Municipal Corporation Vehicle depo in Pedapadu road in 21st division Eluru Municipal Corporation” for an amount of Rs.25,81,816/- in favor of the petitioner, pending disposal of Writ Petition and to pass Counsel for the Petitioner: 1. M K RAJ KUMAR Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP 2. GP FOR FINANCE PLANNING 3 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 25123 of 2025 ORDER: 1. The petitioner is aggrieved by the action of the respondents in not paying pending admitted bill for an amount of Rs.25,81,816/- for the work Construction of Garbage Transfer Station at pampula cheruvu besides Municipal Corporation Vehicle depo in Pedapadu road in 21st division Eluru Municipal Corporation in favour of the petitioner even though the entire work was completed in the year 2021-22 within stipulated time. 2. The learned counsel further submits that the petitioner duly executed all the works and thereafter submitted final bills. It is submitted that the final bills were duly endorsed by the competent authority. A statement detailing the works executed by the petitioner was prepared, progress of the work was recorded in the M-book and the final quality certificates were also issued in confirmation of due completion. However, in spite of the completion of all procedural formalities, the payment towards the completed works has not been released till date. 3. Heard the submissions of the learned counsel for the petitioner, the learned Government Pleader for Municipal Administration & Urban Development, the learned Standing Counsel for the Corporation and the learned Assistant Government Pleader for Finance and Planning. 4. During the course of hearing, the learned Standing Counsel appearing for the Corporation does not dispute the submissions made by the petitioner with respect to the completion of the work undertaken. 4 5. Considering the submissions, the respondents are hereby directed to verify and release the payments due payable to the petitioner as expeditiously as possible preferably within a period of six (06) weeks from the date of receipt of a copy of this order. 6. Accordingly, the writ petition is disposed of. No costs. Pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date:22.11.2025 NKA 5 4 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 25123 of 2025 Date: 22.11.2025 NKA