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2025 DAILYLAW 57488 (AP)

GK CONSTRUCTIONS v. THE STATE OF ANDHRA PRADESH

WP/28092/2025 · 2025-10-12

Harinath N

body2025

Judgment text

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> APHC010544782025 IN THE HIGH COURT OF ANQHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE THIRTEENTH DAY Qf OCTOBER TWO THOUSANDAND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 28092 OF 2025 Between; M/s GK Constructions, Rep.by. managing Partner., Ganta Krishna S/o. Ganta Naganna Aged55 years.D.No.16-23-16/1, no.3,Ayodhyanagar, beside durgamma temple,Kakinada Godavari District. Road East ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary Department of Municipal, Administration Urban Development, Secretariat Building, Velagapudi, Amgravathi, Guntur. 2. The Kakinada Municipal Corporation, Rep.by. Commissioner, Godavari District. 3. The $tate of Andhra Pradesh, Rep. by its Principal Secretary, Department of Finance Planning Secretariat Buildings, Velagapudi, Amaravathi, Guntur District East ...Respondents Petition under Artiple 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ Order or direction more particularly in the nature of Writ of Mandamus declaring the action of the Respondents In one withholding the payments of pending amounts of Rs. 43,45,253/- (Forty Three ‘ > = jLa’khs, Forty five Thousand Two Flundred And Fifty Three Rupees only) even ,|rffer finalizing the bills payable to the petitioner in relation to the works i.e. I. Laying of internal CC road in court complex area in 37thdivision (GGMP) ,Rs.17,22J09/- 11. Development of park and providing watch man room store room and toilets in china Settibalija peta at 3rd division ,Rs.26,22,544/-,as bad ,illegal, arbitrary, improper, unjust and against the Article 21 of constitution of India and consequently direct the respondents to pay the amounts of Rs. 43,45,253/- (Forty Three Lakhs, Forty five Thousand Two Hundred And Fifty Three Rupees only) with interest @ 24percent per annum for the delayed amount till date of realization for the works executed by the petitioner. lA 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 to direct the respondents to forthwith consider releasing the amounts Lakhs, Forty five Thousand Two payable to the petitioner Rs.43,45,253/- (Forty Three Hundred And Fifty Three Rupees only)herein, pending disposal of the writ petition. Counsel for the Petitioner; SRI DEVASRI ROSHAN KANCHARLA Counsel for the Respondents No. 1: GP MUNCIPAL ADMN AND URBAN DEV Counsel for the Respondents No.2: SRI M KRISHNA RAO SC FOR MUNICIPAL CORPORATION Counsel for the Respondent No. 3: GP FOR FINANCE PLANNING The Court made the following order: APHC010544782025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE THIRTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FI# PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 28092/2025 Between: Gk Constructions ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPQNDENT{S) Counsel for the Petitioner: 1.DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S): 1.GP MUNCIPAL ADMN AND URBAN DEVAP 2.GP FOR FINANCE PLANNING The Court made the following: 't 'i -2- % W.P. No.28092 OF 2025 Date of order: 13.10.2025 ts THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No.28092 OF 2025 ORDER 1. This writ petition is filed aggrieved by the action of the respondents for non-payment of the bills for the works undertaken by the petitioner. 2.. Heard the submissions of the learned counsel for the petitioner, the ■t learned Government Pleader for Municipal Administration and Urban Development, the learned Assistant Government Pleader for Finance and Planning, and the learned Standing Counsel for the respondent-corporation. 3. The learned counsel for the petitioner submits that the petitioner has executed the works, viz., (i) laying of internal CC roads in court complex area in 37'^ division and (ii) development of park and providing watchman room & store room and toilets in China Settibalijapeta at 3^'^ division, vide work order communication 't nd Roc.No.309/2023/E2, dt.21.10.2023, as entrusted by the 2 respondent. 4. The learned counsel further submits that the petitioner duly executed nd respondent. It is further submitted that after execution of the works, the competent authority recorded the progress of the work in M Books and thereafter the petitioner has submitted respective final bills aggreg^ing to a sum of the works to the satisfaction of the 2 -3- W.P. No.28092 OF 2025 Date of order: 13.10-2025 nd respondent approved the same, but so Rs.43,45,253/- and the 2 far no payment has been mads to the petitioner, learned Standing Counsel appearing for the 2 dispute with respect to the nd 5. In reply, the respondent subrpits that there is completion of the work undertaken by the petitioner and the payment no would be made shortly. the submissions, respondents 2 end 3 are hereby $. Considering directed to verify and release the payments due payable to the petitioner as expeditiously as possible, preferably within a period of eight (08) weeks from the date of receipt of a copy of this order 7. Accordingly, the writ petition is disposed of. No costs. 8. Pending miscellaneous petitions, if any, shall star\df|plosed. sd/- K SRINIVASA RAJU assistant REGISTRAK //TRUE COPY// SECTION OFFICER To, Department of Municipal Administration Urban Secretariat Building, 1. The Principal Secretary Development, State of Andhra Pradesh Velagapudi, Amaravathi, Guntur. 2. The Commissioner, Kakineda Municipai Corporation, East Godavari District. Department of Finance Planning Secretariat 3. The Principal Secretary, Buildings, Velagapudi, Amaravathi, Guntur District 4. One CC to Sri. Devasri Roshan Kancharla Advocate [OPUC] 5. One CC to Sri. M Krishna Rao SC for Municipal Corporation [OPUC] GP for Finance Planning High Court of Andhra Pradesh 6. Two CCs to [OUT] 7. Two CCs to Court of Andhra Pradesh [OUT] 8. Two CD Copies GP for Municipal Admin and Urban Development High GSC HIGH COURT DATED:13/10/2025 ORDER WP NO. 28092 OF 2025 w( 2 8 OCT Id® )“ ^ ^^S.Current ^''’''•£espn-\si^^ DISPOSING THE WP WITHOUT COSTS