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2025 DAILYLAW 59292 (AP)

M/s Thirumala Constructions, v. THE STATE OF ANDHRA PRADESH

WP/24510/2024 · 2025-12-28

Ravi Cheemalapati

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010474392024 IN THE HIGH COURT OF ANDHRA PRADESH MONDAY, THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: Between: 1. M/S THIRUMALA CONSTRUCTIONS,, D.NO.1 DWARAKANAGAR, ANANTHAPURAMU DISTRICT, ANDHRA PRADESH, REP.BY ITS MANAGING PARTNER, ANTHAPU SOMI REDDY, S/O ANTHAPU OBI REDDY, AGED ABOUT 40 YEARS, OCCICONTRACTOR, D.NO. 1 AHARTTHAPURAM, ANANTHAPURAM DIST,ANDHRA PRADESH STATE-515001 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT, AMARAVATHI. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 3. THE COMMISSIONER, PANCHAYAT RAJ DEPARTMENT GOVERNMENT OF ANDHRA PRADESH, NEAR RELIANCE DIGITAL, TADEPALLI, GUNTUR DIS 4. THE DISTRICT COLLECTOR, ANANTHAPURAMU DISTRICT, ANANTHAPURAM. 5. THE SUPERINTENDING ENGINEER, PANCHAYAT RAJ, ANANTHAPURAM DISTRICT, ANANTHAPURAM. 6. THE EXECUTIVE ENGINEER, PRI DIVISION, ANANTHAPURAM IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 24510/2024 M/S THIRUMALA CONSTRUCTIONS,, D.NO.1 DWARAKANAGAR, ANANTHAPURAMU DISTRICT, ANDHRA PRADESH, REP.BY ITS MANAGING PARTNER, ANTHAPU SOMI REDDY, S/O ANTHAPU OBI REDDY, AGED ABOUT 40 YEARS, OCCICONTRACTOR, D.NO. 1-430, DWARAK AHARTTHAPURAM, ANANTHAPURAM DIST,ANDHRA PRADESH ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT, AMARAVATHI. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. THE COMMISSIONER, PANCHAYAT RAJ DEPARTMENT GOVERNMENT OF ANDHRA PRADESH, NEAR RELIANCE DIGITAL, TADEPALLI, GUNTUR DISTRICT. THE DISTRICT COLLECTOR, ANANTHAPURAMU DISTRICT, THE SUPERINTENDING ENGINEER, PANCHAYAT RAJ, ANANTHAPURAM DISTRICT, ANANTHAPURAM. THE EXECUTIVE ENGINEER, PRI DIVISION, ANANTHAPURAM IN THE HIGH COURT OF ANDHRA PRADESH [3332] MONDAY, THE TWENTY NINETH DAY OF DECEMBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI M/S THIRUMALA CONSTRUCTIONS,, D.NO.1-92-430, DWARAKANAGAR, ANANTHAPURAMU DISTRICT, ANDHRA PRADESH, REP.BY ITS MANAGING PARTNER, ANTHAPU SOMI REDDY, S/O ANTHAPU OBI REDDY, AGED ABOUT 40 YEARS, 430, DWARAKA NAGAR, AHARTTHAPURAM, ANANTHAPURAM DIST,ANDHRA PRADESH ...PETITIONER THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT, AMARAVATHI. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, THE COMMISSIONER, PANCHAYAT RAJ DEPARTMENT GOVERNMENT OF ANDHRA PRADESH, NEAR RELIANCE DIGITAL, THE DISTRICT COLLECTOR, ANANTHAPURAMU DISTRICT, THE SUPERINTENDING ENGINEER, PANCHAYAT RAJ, THE EXECUTIVE ENGINEER, PRI DIVISION, ANANTHAPURAM 2 7. THE DEPUTY EXECUTIVE ENGINEER, PRI DIVISION, ANANTHAPURAM, ANANTHAPURAM DISTRICT. ...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 to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of respondents in not releasing the admitted bill amount of Rs.1,30,21,314/- (Rupees One Crore Thirty Lakhs Twenty One thousand three hundred and fourteen Only) for providing Internal CC Road in Peddapappuru Village and Mandal in Ananthapuram District vide Agreement no. 14/2022-23 dated 26.08.2022 executed by the petitioner for the year 2022-23, as illegal, arbitrary and violations of Article 14,19,21 and 300-A of the Constitution of India and consequently direct the respondents to release the amount of Rs.1,30,21,314/- (Rupees One Crore Thirty Lakhs Twenty One thousand three hundred and fourteen Only) with interest and other reliefs and to pass such IA NO: 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 1 to 7 Respondents to release the funds of Rs.1,30,21,314/- (Rupees One Crore Thirty Lakhs Twenty One thousand three hundred and fourteen Only) into the petitioner account forthwith, pending disposal of the above writ petition and to pass such 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 to permit to receive the counter affidavit by allowing the leave petition in the interest of justice and to pass Counsel for the Petitioner: 1. DASARI S V V S V PRASAD Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE 3. GP FOR FINANCE PLANNING 3 The Court made the following order: The grievance of the petitioner is that the respondent authorities are not releasing the admitted bill amount of Rs.1,30,21,314/- for providing internal CC road in Peddapappuru Village and Mandal in Ananthapuram District vide Agreement No.14/2022-23 dated 26.08.2022 executed by the petitioner for the year 2022-23. 2. Heard Sri B.Manjeet, learned counsel, representing Sri Dasari S.V.V.S.V.Prasad, learned counsel for the petitioner and Smt D.Chandrika, learned Assistant Government Pleader for Panchayat Raj & Rural Development Department. 3. Learned counsel for the petitioner, in elaboration to what has been stated in the affidavit, contended that even after completion of work and finalization of bill, the respondent authorities have not released the admitted bill amount to the petitioner. 4. On the other hand, learned Assistant Government Pleader for Panchayat Raj & Rural Development, while reiterating the contents of the counter affidavit, contended that the Executive Engineer, PRI Division, Ananthapuram has requested the Deputy Director, Mines & Geology, Ananthapuramu to release an amount of Rs.1,40,13,862/- to make payment to the petitioner vide Lr.Rc.No.sup/2024, dated 25.11.2024 and as a response, the Mines & Geology Department has raised a bill through CFMS ID 2024- 1753695 to release the funds and it is in the status of ‘waiting for fund clearance’. However, in the year end activity, the bill was cancelled. During 4 the financial year 2025-26, the Mines & Geology Department has uploaded a bill with CFMS ID 2025-566785 and now the bill is in the status of ‘waiting for fund clearance’. She further submitted that the authorities, after making the necessary deductions, will have to pay an amount of Rs.1,30,21,314/-. She further submitted that soon after crediting the said amount to the account of the Executive Engineer, PRI Division, Ananthapuramu, the bill will be paid to the petitioner, however sought six months’ time for payment of the said amount. 5. To the said submission, learned counsel for the petitioner reported no objection regarding the said amount and granting six months’ time for making payment and prayed to pass appropriate orders in that regard. 6. In view of the facts and circumstances of the case and taking the submissions of learned counsel for the parties into consideration, as the authorities have expressed their intention to pay the bill amount to the petitioner, there is no purpose in keeping this Writ Petition pending. As such, this Court is inclined to dispose of the same, with the consent of both the parties, at the admission stage itself, by passing the following order: “The respondent authorities are directed to release the admitted amount of Rs.1,30,21,314/- (Rupees One Crore Thirty Lakhs Twenty One Thousand Three Hundred and Fourteen only) to the petitioner within a period of six (6) months from the date of receipt of a copy of this order. It would be open to the petitioner to 5 agitate its claim for interest, if any, payable by the respondents in an appropriate forum, if so advised.” 7. Accordingly, the Writ petition is disposed of. There shall be no order as to costs. As a sequel thereto, interlocutory applications pending, if any in the Writ Petition, shall also stand closed. ____________________________ JUSTICE RAVI CHEEMALAPATI 29.12.2025 MP 6 241 THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO.24510 OF 2024 29.12.2025 MP