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2025 DAILYLAW 8662 (AP)

KCV CONSTRUCTIONS v. THE STATE OF AP

WP/5201/2025 · 2025-03-04

Nyapathy Vijay

body2025

Judgment text

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APHC010094302025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY, THE FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 5201/2025 Between: KCV Constructions ...PETITIONER AND The State Of AP and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. SINGAMSETTY V.M. SANKAR Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP 2. GP FOR FINANCE PLANNING 2 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.5201 OF 2025 ORDER: The Writ Petition is filed questioning action of the respondents in not releasing the amount of Rs.39,51,920/- to the Petitioner even after finalizing the bills for the works executed i.e., “(i) Providing watchman room toilets, painting to ELSR tank and compound wall in gowri shankarapeta and sump tanks in Rajeev gruhakalpa in 16th Division, (ii) Construction of community hall at Kondellapeta of 2nd Division, (iii) Construction of Urdughar (madarasa) at Anusuyamma Colony of Recherlapeta in 6th Division, (iv) Balance painting & tiles work for market at Rajeev Gruhakalpa Apartment in 11th Division, (v) Laying of quarry dust filing at yallavari burial ground west sid in mutha nagar 20th Division, (vi) Balance work of dummulupeta hall to opposite primary school of 10th division, (vii) Construction of R.C.C.Culvert near S.E.Panchayat Raj in 24th Division, vide Agreement Nos. 328/EEII/2022-2023, dated 24.03.2023, 311/EE-1/2022-2023, dated 02/02/2023, 312/EE-1/2022-2023, 334/22-2023, dated 24.03.2024, 315/EE-2/2021-2022, dated 10.02.2023, 315/23-2024, 3 dated 07.03.2024, 91/EE-II/2023-2024, dated 20/7/2023, respectively. 2. Heard the learned counsel for the Petitioner and the learned Standing Counsel for the Respondent-Corporation. 3. The Petitioner submits that he has duly completed the aforesaid works under the respective Agreement Nos. 328/EEII/2022-2023, dated 24.03.2023, 311/EE-1/2022-2023, dated 02/02/2023, 312/EE-1/2022-2023, 334/22-2023, dated 24.03.2024, 315/EE-2/2021-2022, dated 10.02.2023, 315/23-2024, dated 07.03.2024, 91/EE-II/2023-2024, dated 20/7/2023. However, despite execution of the works, the respondents have failed to release the amounts due. 4. The learned Standing Counsel submitted that he did not receive any instructions regarding the claim of the Petitioner. 5. However, considering the submission of the Petitioner that the works as per the agreements were completed, this Court is of the opinion that the writ Petition can be disposed with following directions; (i) The Respondents shall examine the works executed by the Petitioner in terms of the Agreement Nos. 328/EEII/2022-2023, dated 24.03.2023, 311/EE-1/2022-2023, dated 02/02/2023, 4 312/EE-1/2022-2023, 334/22-2023, dated 24.03.2024, 315/EE- 2/2021-2022, dated 10.02.2023, 315/23-2024, dated 07.03.2024, 91/EE-II/2023-2024, dated 20/7/2023, respectively, within a period of eight (08) weeks, from today and thereafter, verify the bills of the Petitioner within a further period of six (06) weeks. (ii) The amounts assessed to be due to the Petitioner shall be paid within a further period of eight (08) weeks, thereafter. 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, miscellaneous applications, if any, pending shall stand closed. _____________________ NYAPATHY VIJAY, J Date: 04.03.2025. PKR 5 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY 143 WRIT PETITION No. 5201 OF 2025 Date: 04.03.2025. PKR