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2025 DAILYLAW 7465 (AP)

M/s.Bhavani Constructions, v. The State of Andhra Pradesh,

WP/4240/2025 · 2025-07-24

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010076702025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY,THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 4240/2025 Between: 1. M/S.BHAVANI CONSTRUCTIONS,, REP. BY.ITS MANAGING PARTNER, NAGAM KONDALA RAO S/O.N.CHINNA VEERRAJU, AGE 55 YEARS, R/O. 21-01-5/3, PYDA VARI STREET SALI PETA,KAKINADA, EAST GODAVARI DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION, SECRETARIAT BUILDING, VEIAGAPUDI, AMARAVATHI, GUNTUR. 2. MUNICIPAL CORPORATION KAKINADA, REP.BY ITS COMMISSIONER, KAKINADA KAKINADA DISTRICT. 3. MUNICIPAL CORPORATION KAKINADA, REP.BY ITS EXECUTIVE ENGINEER KAKINADA DISTRICT. 4. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VEIAGAPUDI, AMARAVATHI, GUNTUR 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 toPleased to issue an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2 Respondents in withholding the payments of pending amounts of Rs. 1,66,41,794/- (One Crore Sixty Six Lakhs, Forty One Thousand, Seven Hundred and Ninety Four Rupees only) even after finalizing the bills payable to the petitioner in relation to the Three works i.e I. providing Junction Improvement on mes road connection ROB TO 80s Wide smart road and C.C Road RCC Drain at End of 40 road cheedilpora in Kakiuada town Agreement o.20/2023 2024,Dated.14.11.2023 For the year 2023 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. 1,66,41,794/- (One Crore Sixty Six Lakhs, Forty One Thousand, Seven Hundred and Ninety Four Rupees only) with interest @ 24percent per annum for the delayed amount till date of realization for the works executed by the petitioner 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 releasing the amounts payable to him, pending disposal of the write petition Counsel for the Petitioner: 1. SINGAMSETTY V.M. SANKAR Counsel for the Respondent(S): 1. M Krishna Rao SC for skl vzm kkd Municipal Corporations 2. GP MUNCIPAL ADMN AND URBAN DEV AP 3. GP FOR FINANCE PLANNING The Court made the following: 3 Order:- Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Finance and the learned Standing Counsel for the respondent-corporation. 2. Learned counsel for the petitioner submits that the petitioner has completed the works under Agreement No. 20/2023-24, dated 14.11.2023, entrusted by the respondent-Corporation, and has submitted the final bills. 3. It is submitted that a total amount of Rs. 1,66,41,794/- is due and payable by the respondent-Corporation to the petitioner on account of the completion of the aforesaid works. However, the said amount has not been paid. 4. Considering the submissions, there shall be a direction to the respondents to verify and release the payments as expeditiously as possible preferably within a period of eight (08) weeks from the date of receipt of a copy of this order. 5. Accordingly, this Writ Petition is disposed off. There shall be no order as to costs. 4 As a sequel, miscellaneous petitions pending, if any, shall stand closed. ____________________ JUSTICE HARINATH.N 25.07.2025 PNS