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2025 DAILYLAW 8729 (AP)

KCV CONSTRUCTIONS v. THE STATE OF ANDHRA PRADESH

WP/5096/2025 · 2025-07-16

Harinath N

body2025

Judgment text

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APHC010094182025 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: 5096 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. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and Secretariat Building, Velagapudi, Amaravathi, Guntur. 2. The Commissioner and Director of Municipal Administration, Prime Hill Crest, 4'*^ 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, Velagapudi, Amaravathi, Guntur District. Urban Development Department, Secretariat Buildings, ...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 withholding the payments of pending amounts of Rs. 43,35,633/- (Forty Three Lakhs, Thirty five Thousand, Six Hundred and Thirty Three Rupees only) even after finalizing the bills payable to the petitioner in relation to the works I. Construction of ground floor for function hall and first floor for ward one in i.e sachivalayam at north side of the UPHC site in Revenue Colony of 13th Division, Agreement No.185/SE/2021- 2022,Dated. 28.9.2021 For the year 2021 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. 43,35,633/- (Forty Three Lakhs, Thirty five Thousand, Six Hundred and Thirty 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 SINGAMSETTY V.M. SANKARv^ Counsel for the Respondent Nos.1 & 2: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent Nos.3 & 4: SRI M. KRISHNA RAO, SC FOR KAKINADA MUNICIPAL CORPORATION Counsel for the Respondent No.5:GP FOR FINANCE AND PLANNING The Court made the following order: -' APHC010094182025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 5096/2025 Between: 1.KCV CONSTRUCTIONS, REP. BY. MANAGING PARTNER KRANTHI CHAKRAVARTHY S/O.P.GOVINDU, AGE 34 YEARS ,16- 22-79,PALLAM RAJU NAGAR, DISTRICT. P. KAKINADA, EAST GODAVARI ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, DEVELOPMENT DEPARTMENT, VELAGAPUDI, AMARAVATHI, GUNTUR. MUNICIPAL ADMINISTRATION AND URBAN SECRETARIAT BUILDING, 2.THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, PRIME HILL CREST,4TH 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 SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. DEPARTMENT OF FINANCE AND PLANNING ...RESPONDENT(S): 2 A 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 The Court made the following: p. 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. The learned counsel for the petitioner submits that the petitioner has completed the works i.e construction of ground floor for function hall and first floor for Ward Sachivalayam at north side of the UPHC site in Revenue Colony of 13^^ Division, Agreement No.185/SE/2021-2022, dated 28.9.2021, entrusted by the respondent-corporation and submitted the final bills. 2. It is submitted that a total amount of Rs.43,35,633/- 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 six (06) 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. 3. As a sequel, miscellaneous petitions pending, if any, shall^stand closed. Sd/- M.PRABHAKAR RAO ASSISTANT REGISTER //TRUE COPY// SECTION OFFICER To, \ . . 1. The Principal Secretary, Municipal Administration And Urban Development Department, State of Andhra Pardesh, Secretariat Building, Velagapudi, Amaravathi, Guntur. Municipal Administration, Prime Hill , and Director of Near DGP office, Mangalagiri. 2. The Commissioner Crest, 4'^ Floor 3. The Commissioner, Municipai Corporation Kakinada, Kakinada Kakinada District. 4. The Executive Engineer, Municipal Corporation District. Kakinada, Kakinada Department of Finartce and Planning, State of Buildings, Veiagapudi, Amaravathi, 5. The Principal Secretary, Pradesh, Secretariat Andhra Guntur District. 6. One CC to Sri Singamsetty V.M 7. One CC to Corporations[OPUC] 8. Two CCS to High Court of Andhra Pradesh. [OUT] - GP for Finance and Planning, High Court of Andhr Sankar, Advocate [OPUC] SC for Kakinada Municipal Sri M. Krishna Rao and Urban Development, GP for Municipal Administration 9. Two CCS to Pradesh [OUT] 10. Two CD Copies. ssb HIGH COURT DATED:17/07/2025 I 06 AUG 2025 ^ ^ Current Section . ^ ^s£^SPATC*'^S-^ n™I.’ ORDER WP No.5096 OF 2025 09// DISPOSING OF THE W.P. WITHOUT COSTS