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2025 DAILYLAW 7421 (AP)

RATNAGIRI ENGINEERING PROJECTS PVT LTD v. THE STATE OF AP

WP/4139/2025 · 2025-02-24

V Sujatha

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY. THE TWENTY FOURTH DAY OF FEI TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 4139 OF 2025 Between: Ratnagiri Engineering Projects Pvt. Ltd., Rep. by its Managing Director, G. Veera Bhadra Rao, S/o. Late G. Subba Rao, Aged about 60 years, R/o.Flat No.502, Surya Vihar, Vivekanandha Nagar Colony, Yendada, Visakhapatnam, Visakhapatnam District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and Urban Development, Secretariat, Amaravathi, Guntur District. 2. The Director of Municipal Administration, Guntur, Guntur District. 3. The District Collector, Visakhapatnam. 4. The Greater Visakhapatnam Municipal Corporation, Rep. by its Commissioner, Visakhapatnam. 5. The Chief Engineer, Greater Visakhapatnam Municipal Corporation, Visakhapatnam. 6. The Executive Engineer, Zone-ll, Greater Visakhapatnam Municipal Corporation, Visakhapatnam. 7. The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance and Planning Department, Secretariat, Amaravathi, Guntur District ...Respondents 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 a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents in withholding the undisputed bill amounts i.e., 1) Rs.1,15,176/- and 2) Rs.85,056/- payable to the petitioner in respect of works i.e., 1) Construction of Community Hall at Pineapple Colony in Ward No.01 Zone - 1 (SDF) vide Agreement No. 149/2017-18/SE-W/EE-1/DB dated 23.06.2017 and 2) Construction of Community Hail at Swamy Vivekanandanagar in Ward No.02 Zone - 1 vide Agreement No. 150/2017-18/SE-W/EE-1/DB dated 23.06.2017 even after finalizing the bills as illegal arbitrary and contrary to the Principles of natural justice and consequently direct the respondents to pay undisputed bill amounts i.e., 1) Rs.1,15,176/- and 2) Rs.85,056/-payable to the petitioner in respect of execution of afore mentioned works vide Agreement Nos. 149/2017-18/SE-W/EE-1/DB dated 23.06.2017 and 150/2017-18/SE- W/EE-1/DB dated 23.06.2017 forthwith along with 18 percent interest from date of recording of bills. 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 pay undisputed bill amounts i.e. 1) Rs. 1,15,176/- and 2) Rs.85,056/-, payable to the petitioner in respect of works done i.e., 1) Construction of Community Hall at Pineapple Colony in Ward No.01 Zone - 1 (SDF) vide Agreement No.150/2017-18/SE-W/EE-1/DB dated 23.06.2017 and 2) Construction of Community Hall at Swamy Vivekanandanagar in Ward No.02 Zone - 1 vide Agreement No’s. 149/2017- 18/S E-W/EE-1/DB dated 23.06.2017, pending disposal of the Writ Petition. Counsel for the Petitioner: SRI C SUBODH Counsel for the Respondents: GP FOR MUNICIPAL ADMN & URBAN DEVELOPMENT Counsel for the Respondents: GP FOR FINANCE & PLANNING Counsel for the Respondents: GP FOR REVENUE Counsel for the Respondents: SRI A.S.C. BOSE, SC for MUNICIAPLITIES The Court made the following order: 1 APHC010074872025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) Hjii.a m [3333] MONDAY ,THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 4139/2025 Between: ...PETITIONER Ratnagiri Engineering Projects Pvt Ltd AND ...RESPONDENT(S) The State Of Ap and Others Counsel for the Petitioner: 1.C SUBODH Counsel for the Respondent(S): 1.GP FOR REVENUE 2.GP MUNCIPAL ADMN AND URBAN DEVAP 3.GP FOR FINANCE PLANNING The Court made the following: \ 2 % ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “....to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents in withholding the undisputed bill amounts re., 1) Rs.1,15,176/- and 2) Rs.85,056/- payable to the petitioner in respect of works i.e., 1) Construction of Community Hall at Pineapple Colony in Ward No.01 Zone - 1 (SDF) vide Agreement No. 149/2017-18/SE-W/EE-1/DB dated 23.06.2017 Construction of Community Hall at Swamy and 2) Vivekanandanagar in Ward No.02 Zone - 1 vide Agreement No. 150/2017-18/SE-W/EE-1/DB dated 23.06.2017 even after finalizing the bills as illegal arbitrary and contrary to the Principles of natural justice and consequently direct the respondents to pay undisputed bill amounts i.e., 1) Rs.1,15,176/- and 2) Rs.85,056/-payable to the petitioner in respect of execution of afore mentioned works vide Agreement Nos. 149/2017-18/SE-W/EE-1/DB dated 23.06.2017 and 150/2017-18/SE- W/EE-1/DB dated 23.06.2017 forthwith along with 18 percent Interest from date of recording of bills and pass ” 2. Heard learned counsel for the petitioner and learned counsel appearing for the respondents. 3. Learned counsel for the petitioner submits that even though respondents admitted that the petitioner is entitled for payment of the aforesaid sum of money, no payment is being made and such non-payment of money is clearly arbitrary and high-handed and thereby requires interference by this Court. 3 % 4. Today, when the matter came up for hearing, learned Standing Counsel Municipal Administration and Urban Development submitted that the amounts payable to the petitioner are admitted bills. Further, learned Standing stated that the petitioner herein has completed the work of construction of community hall at pineapple colony in ward No.01 Zone 1 for Counsel (SDF) and another community hall at Swamy Vivekananda nagar in ward No.2 submitted for an amount of Zone, 1. Subsequently, final bills and Rs.85,056/- for the works executed by the petitioner. He were Rs. 1,15,176/- further submitted that the amount will be paid to the petitioner as soon as the funds are released by the Government. In view of the above instructions, since the bill amount claimed by the petitioner is an admitted bill, this Court feels it appropriate to dispose of the directing the respondents to release the total amount of Rs.2,00,232/- to the petitioner within a period of three (3) months from the date of receipt of a copy of this order. 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. 5. writ petition Miscellaneous petitions pending, if any, in this Writ Petition shall stand Sd/- K assistAN SRINIVASA RAJU registrar closed. //true copy// ^ OFFICER SEC To Municipal Administration and Urban Pradesh, Secretariat, Amaravathi, , Guntur, Guntur District. 1. The Principal Secretary, Development, State of Andhra Guntur District. 2. The Director of Municipal Administration I?' 3. The District Collector, Visakhapatnam. 4. The Commissioner, Greater Visakhapatnam Municipal Corporation, Visakhapatnam. 5. The Chief Engineer, Greater Visakhapatnam Municipal Corporation, Visakhapatnam. 6. The Executive Engineer, Zone-ll, Greater Visakhapatnam Municipal Corporation, Visakhapatnam. 7. The Principal Secretary, Finance and Planning Department, State of Andhra Pradesh, Secretariat, Amaravathi, Guntur District 8. One CC to Sri C Subodh, Advocate [OPUC] 9. One CC to Sri A.S.C.Bose, SC for Municiplaities [OPUC] Two CCs to GP for Municipal Administration & Urban Development, High Court of Andhra Pradesh. [OUT] Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh. [OUT] Two CCs to GP for Revenue, High Court of Andhra Pradesh. 10. 11. 12. [OUT] 13. Two CD Copies RAM HIGH COURT DATED:24/02/2025 C 13 MAR 2025 ^ ft . Curreiu oecnon ^ ORDER WP.No.4139 of 2025 DISPOSING OF THE WP WITHOUT COSTS