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2025 DAILYLAW 8492 (AP)

KCV CONSTRUCTIONS v. THE STATE OF AP

WP/4939/2025 · 2025-07-16

Harinath N

body2025

Judgment text

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APHC010091812025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE SEVENTEENTH DAY OF JUL^}? TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 4939 OF 2025 Between: KCV Constructions, Rep. By. Managing Partner P. Kranthi Chakravarthy S/o.P.Govindu, Age 34 years ,16-22-79,Pallam Raju Nagar, Kakinada, East Godavari District.as ...PETITIONER AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Municipal Administration And Urban Development Department, Secretariat Building, Velagapudi, Amaravathi, Guntur. 2. The Commissioner and Director of Municipal Administration, Prime Hill Crest, Floor, Near DGP office, Mangalagiri. 3. Municipal Corporation Kakinada, rep.by its Commissioner, Kakinada Kakinada District. 4. Municipal Corporation Kakinada, Rep.by its Executive Engineer Kakinada District. 5. The State of Andhra Pradesh, Rep. by its Principal Secretary Department of Finance and Planning, Secretariat Buildings, Velagapudi, 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 an appropriate Writ Order or direction more particularly in the nature of Writ of Mandamus declaring the action of the Respondents in .vvithholding the payments of pending amounts of Rs. 24,78,473/- (Twenty Four Lakhs, Seventy Eight Thousand, Four Hundred and Seventy Three Rupees only) even after finalizing the bills payable to the petitioner in relation to the works i.e “I. Construction of Kitchen shed interlocking tiles,compound one wall painting and safety fencing to akbar aajam muslim community hall at mekala kabela in division. Agreement No.286/EE-ll/2022-2023,Dated 06.12.2022, For the year 2022 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. 24,78,473/- (Twenty Four Lakhs, Seventy Eight Thousand, Four Hundred and Seventy Three Rupees only) with interest @ 24% 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 releasing the amounts payable to him, pending disposal of the write petition. Counsel for the Petitioner: SRI DEVASRI ROSHAN KANCHARLA Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent Nos.2 & 3: SRI M. KRISHNA RAO, SC FOR KAKINADA MUNICIPAL CORPORATION Counsel for the Respondent No.4:GP FOR FINANCE AND PLANNING The Court made the following order: ^ ■ APHC010091812025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 4939/2025 [3457] f Between: 1.KCV KRANTHI 22-79,PALLAM RAJU NAGAR DISTRICT.AS CONSTRUCTIONS, REP. BY. MANAGING PARTNER ^P. CHAKRAVARTHY S/O.P.GOVINDU, AGE 34 YEARS 16- KAKINADA, EAST GODAVARI ...PETITIONER AND BY ITS PRINCIPAL SECRETARY, URBAN DEVELOPMENT VELAGAPUDI, 1.THE STATE OF AP, REP MUNICIPAL ADMINISTRATION AND DEPARTMENT, AMARAVATHI, GUNTUR. SECRETARIAT BUILDING OF MUNICIPAL NEAR DGP AND DIRECTOR 2.THE COMMISSIONER ADMINISTRATION, PRIME HILL CREST,4TH FLOOR OFFICE,MANGALAGIRI. REP.BY ITS KAKINADA, CORPORATION 3.MUNICIPAL COMMISSIONER, KAKINADA KAKINADA DISTRICT. 4.MUNICIPAL CORPORATION KAKINADA, REP.BY ITS EXECUTIVE ENGINEER KAKINADA DISTRICT. ANDHRA PRADESH, REP. BY ITS PRINCIPAL PLANNING, 5 THE STATE cpprftary OF department OF FINANCE AND SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. ...RESPONDENT(S): T 2 Counsel for the Petitioner: 1.DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN 2.GP FOR FINANCE PLANNING The Court made the following: DEVAP % 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. The learned counsel for the petitioner submits that the petitioner has completed the works i.e., construction of Kitchen shed interlocking tiles, compound wall painting and safety fencing Community hall at Mekala Kabela in division, agreement No.286/EE-ll/2022- 2023, dated 06.12.2022, entrusted by the respondent-corporation and submitted the final bills. to Akbar Aajam Muslim 3. It is submitted that a total amount of Rs.24,78,473/- 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. 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 six (06) weeks from the date of receipt of a copy of this order. 4. 5. Accordingly, this Writ Petition is disposed off. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- K.J. RAvlA B^U ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, Municipal Administration And Urban Secretariat /' 1. The Principal Secretary Development Department, State of Andhra Pradesh, Building, Velagapudi, Amaravathi, Guntur. \ and Director of Municipal Administration, Prime Hill 2. The Commissioner Crest, 4'" Floor, Near DGP office, Mangalagiri. 3. The Commissioner, Municipal Corporation r Kakinada Kakinada, Kakinada District. 4. The Executive District. 5. The Principal Secretary, Department of Finance Andhra Pradesh, Secretariat Buildings, Veiagapudi, Guntur District. 6 One CC to Sri Devasri Roshan Kancharia, Advocate [OPUC] 7. one CC to Sri M. Krishna Rao, SC for Kakinada Corporations[OPUC] CCS to GP for Municipal Administration Kakinada, Kakinada Engineer, Municipal Corporation and Planning, State of X Amaravathi, X / Municipal and Urban Development, 8. Two High Court of Andhra Pradesh. [OUT] GP for Finance and Planning High Court of Andhra / 9. Two CCS to Pradesh [OUT] 10. Two CD Copies. ssb /'i HIGH COURT DATED:17/07/2025 g 0 “I AUG 20?5 ^ ORDER WP No.4939 OF 2025 IBIi4 Current Section -k y ■ DISPOSING OF THE W.P. WITHOUT COSTS