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2025 DAILYLAW 8721 (AP)

KCV CONSTRUCTIONS v. THE STATE OF AP

WP/5071/2025 · 2025-03-03

Nyapathy Vijay

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: (Special Original Jurisdiction) MONDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 5071 OF 2Q2fi AMARAVATI Between: KCV Constructions, Rep. By Managing Partner P. S/o.P.Govindu, Age 34 East Godavari District. Kranthi Chakravarthy years, 16-22-79, Pallam Raju Nagar, Kakinada ...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 Crest,4th Floor, Near DGP office, Mangalagiri. 3. Municipal Corporation Kakinada Prime Hill 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 & Planning, Secretariat Buildings, Velagapudi Amaravathi, Guntur District. ...RESPONDENTS of India praying that in may or direction more particularly the action of the Respondents in withholding the payments of pending amounts of Rs. Petition under Article 226 of the Constitution the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue an appropriate Writ Order in the nature of Writ of Mandamus declaring one 33,60,738/- (Thirty Three Lakhs, Sixty Thousand, Seven Hundred and Thirty Eight Rupees only) even after finalizing the bills payable to the petitioner in relation to the works i.e “I, Construction of Community hall at opposite site of dummulapeta school in Division, Agreement No.319/EE1/2022- 202^/ Datedi0.3.2023” .. - .y improper, unjust and against the Article 21 of constitution of India open For the year 2021 as bad, illegal, arbitrary and consequently direct the respondents to pay the amounts of Rs. 33,60,738/^ (Thirty Three Lakhs, Sixty Thousand, Seven Hundred and Thirty Eight 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 pending disposal of the write petition. to him Counsel for the Petitioner: SRI SINGAMSETTY V.M. SANKAR Counsel for the Respondent Nos.1 & 2: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMEN Counsel for the Respondent Nos.3 & 4: SRI M. KRISHNA RAO, MUNICIPAL CORPORATIONS Counsel for the Respondent No.5: GP FOR FINANCE AND PLANNING The Court made the following: ORDER SC FOR APHC010094272025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] MONDAY ,THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 5071/2025 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 The Court made the following: 2 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.5071 OF 2025 ORDER: The present Writ Petition is filed seeking for the following relief: “to declare the action of the Respondents in withholding the payments of pending amounts of Rs.33,60,738/- even after finalizing the bills payable to the petitioner in relation to the work/s executed by the Petitioner 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. Rs.33,60,738/- with interest at 24% per annum”. 2. The case of the Petitioner is that he is a Civil Contractor. The contract work listed below was granted to the petitioner by the respondents vide Agreement No.319/EEI/2022-202 3, dated 10.03.2023: “1) Construction of Community Hall at Opposite Open Site of Dummulapeta School in 10"^ Division”. 3. The contention of the Petitioner is that after execution of the said work, a final bill was prepared for a sum of Rs.33,60,738/- as per the sanctioned orders and sent the same to Respondent No.2 for payment. As the payment of the said amount has not I 3 been made by the respondents, the Petitioner has approached this Court by way of the present Writ Petition. 4. Sri M. Shanukha Teja, learned counsel, representing Sri M. Krishna Rao, learned Standing Counsel appearing for the Respondent Nos. 2 and 3, submits that the bills are being examined by the respondents as per standard procedures. 5. Considering the submission made by the learned counsel appearing for the Respondent Nos. 2 and 3, it would be appropriate to dispose of the Writ Petition with a direction to the respondent No.2 to examine the bills submitted by the Petitioner, verify the works and accordingly consider for payment of the same, within a period of 12 weeks from today. 6. With the above observation, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. .nagamma registrar Sd/-N assistant / //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary, Municipal Administration And Urban Development Department, State of Andhra Pradesh, Secretariat Building, Velagapudi, Amaravathi, Guntur. 2. The Commissioner And Director of Municipal Administration, Prime Hill Crest,4th Floor, Near DGP office, Mangalagiri. The Commissioner, Municipal Corporation Kakinada, Kakinada Kakinada District. The Executive Engineer, Municipal Corporation Kakinada, Kakinada District. The Principal Secretary, Department of Finance & Planning, State of Andhra Pradesh Secretariat Buildings, Veiagapudi, Amaravathi, Guntur District. One CC to Sri Singamsetty V.M. Sankar, Advocate [OPUC] One CC to Sri M. Krishna Rao, SC for Municipal Corporations[OPUC ] Two CCs to GP for Municipal Administration and Urban Development, High Court Of Andhra Pradesh. [OUT] Two CC’s to GP for Finance and Planning, High Court of Andhra Pradesh[OUT] 10. Three CD Copies. 3. 4. 5. 6. 7. 8. 9. ssb HIGH COURT DATED:03/03/2025 ORDER ? 17 MAR 2025 ^ . Current Seciion WP.No.5071 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS