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2025 DAILYLAW 57781 (AP)

M/s Srinivasa Enterprises, Civil Contractors, v. The State of Andhra Pradesh,

WP/23011/2025 · 2025-10-26

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

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APHC010453302025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] MONDAY, THE TWENTY SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 23011/2025 Between: 1. M/S SRINIVASA ENTERPRISES, CIVIL CONTRACTORS,, REP. BY ITS MANAGING PARTNER B JEEVAN KISHORE, S/O. B ARUNA KISHORE, AGED ABOUT 54 YEARS, OCC- CONTRACTOR, R/O. D.NO.8-3-319/34, SAI SARADHI NAGAR, NEAR SARADHI STUDIO, YELLAREDDYGUDA, HYDERABAD, TELANGANA. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE MANAGING DIRECTOR OF ANDHRA PRADESH, EDUCATION AND WELFARE INFRASTRUCTURE DEVELOPMENT CORPORATION (APEWIDC), VADDESWARAM, TADEPALLI, GUNTUR DISTRICT. 3. THE CHIEF ENGINEER, APEWIDC, VADDESWARAM, TADEPALLI, GUNTUR DISTRICT. 4. THE EXECUTIVE ENGINEER, APEWIDC DIVISION, CHITTOOR, CHITTOOR DISTRICT. 5. THE CHIEF EXECUTIVE OFFICER, , APCFSS, 3RD FLOOR, NIDHI BHAVAN, BEHIND APIIC BUILDING, MANGALAGIRI, GUNTUR 2 HGRKP,J W.P.No.23011 of 2025 DISTRICT, PINCODE- 522503. ...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 of mandamus or any other appropriate writ or direction declaring the action of the Respondents not releasing the amount of Rs. 1,49,94,630/- vide M Book No. 125/ 21-22 / A/ CTR/ APEWIDC, even after finalizing the bills, payable to the petitioner in relation to the works i.e., Construction of District Offices Complex Building of Finance Department at Kurnool, Chittoor and Nellore in Andhra Pradesh Under Package No.III, vide Agreement No. 20/ CE/ APEWIDC/ VIJ/ 2017-18, dated 28.07.2017 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amount of Rs. 1,49,94,630/- vide M Book No. 125/ 21-22 / A/ CTR/ APEWIDC with interest @24percent per annum for the delayed amount to the petitioner in respect of execution of above- mentioned work forthwith 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 please to direct the respondents to pay for payment of amount of Rs. 1,49,94,630/- vide M Book No. 125/ 21-22 / A/ CTR/ APEWIDC with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works i.e. Construction of District Offices Complex Building of Finance Department at Kurnool, Chittoor and Nellore in Andhra Pradesh Under Package No.III, vide Agreement No. 20/ CE/ APEWIDC/ VIJ/ 2017-18, dated 28.07.2017, forthwith, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. MODAPOTHULA SUMALATHA Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING The Court made the following: 3 HGRKP,J W.P.No.23011 of 2025 ORAL ORDER: Heard Smt. M. Sumalatha, learned Counsel for the Writ Petitioner, Sri P. Rajesh Kumar, learned Assistant Government Pleader for Finance & Planning and Sri L. Radha Krishna, learned Counsel representing Sri V. Ch.Naidu, learned Counsel appearing for the Respondent Nos.2 to 4. 2. Sri L. Radha Krishna, learned Counsel representing Sri V. Ch.Naidu, learned Counsel appearing for the Respondent Nos.2 to 4 has submitted the Written Instructions furnished by the Executive Engineer, APEWIDC, Chittoor dated 04.09.2025. The copy of the same is taken on record. 3. The said Written Instructions would indicate at Serial No.19 of the remarks column that the bills were uploaded during the Financial Year and waiting for fund clearance at Finance Department. 4. Having regard to the facts and circumstances of this case, this Court deems it appropriate to allow this Writ Petition, with a direction to the Respondent No.1 to complete the entire administrative process both inter- departmental and intra-departmental, by way of mutual cooperation and coordination, within a period of twenty (20) weeks and transfer the funds to the account of the Writ Petitioner within a period of four (04) weeks thereafter. 5. Writ Petitioner is directed to submit the Bank account details to the Competent Authority forthwith, for effective transfer of funds. 6. With these observations and directions, the Writ Petition stands allowed to the extent indicated. No order as to costs. 7. Interlocutory Applications, if any, stand closed in terms of this order. ______________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Date: 27.10.2025 PGT