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2025 DAILYLAW 9116 (AP)

IMPERIAL COSTAL INFRA v. THE STATE OF ANDHRA PRADESH

WP/5340/2025 · 2025-03-24

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) ^ MONDAY, THE TWENTY FOURTH DAY OF MARCH ft TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA WRIT PETITION NO: 5340 OF PRASAD Between: Imperial Costal Infra, Rep. by its Managing Director K. Subba K. V. S. N. Raju, Aged about 56 years, R/o Flat No. 45-A, Santosh Nagar Colony, Mehidipantam, Hyderabad. Raju, S/o. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Forest Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The Project Manager, Andhra Pradesh Disaster Recovery Project, Visakhapatnam, Visakhapatnam dist. 3. The Deputy Project Manager, APDRP / The Curator, Indira Gandhi Zoological Park, Visakhapatnam. Visakhapatnam dist 4. The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance and Planning Department, Secretariat Buildings, Velagapudi, Amaravati. 5. The Pay and Accounts Officer, Visakhapatnam, Andhra Pradesh. 6. The Director of Works Accounts, Mangalagiri, Andhra Pradesh. (RR 5 and 6 are Suo Moto impleaded as per the Court’s Order dt.05.03.2025 in Writ Petition and affidavit) ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a Writ, Order may or direction more particularly one in the ^ nature of Writ of Mandamus to declaring the respondents herein, not releasing and Rs. 4,98,655/-(Rs.2,78,339/- action on the part of the pay the deposit amounts worth of + 2,20,316/- 2 works) even though completed as illegal, arbitrary and violation Constitution of India and works are of Article 14, 16 and 21 of consequentially to direct the pay the bill worth of Rs. Rs. 2,20,316/- 2 works) petitioner forthwith. respondents to 4,98,655/-(Rs.2,78,339/- + release and lA NO: 1 OF pnri; Petition under Section 151 CPC stated in the affidavit filed i pleased to direct the 4,98,655/-(Rs.2,78,339/- praying that in the circumstances m support of the petition, the High Court may be respondents to release and pay the bill worth of Rs. + 2,20,316/- 2 works) to the petitioner forthwith pending disposal of the above writ petition. Counsel for the Petitioner: Ms. SAMEERA Counsel for the Respondent Nos.1 to 3: GP FOR FORESTS Counsel for the Respondent Nos.4 BOKKA to 6: GP FOR FINANCE & PLANNING The Court made the following: ORDER As APHC010100332025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] MONDAY ,THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 5340/2025 Between: 1. IMPERIAL COSTAL INFRA, REP. BY ITS MANAGING DIRECTOR K. SUBBA RAJU, S/0 K V S N RAJU, AGED ABOUT 56 YEARS, R/0 FLAT NO. 45-A, SANTOSH NAGAR COLONY, MEHIDIPANTAM, HYDERABAD. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY,FOREST DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2.THE PROJECT MANAGER, ANDHRA PRADESH DISASTER RECOVERY PROJECT,VISAKHAPATNAM, VISAKHAPATNAM DIST. 3.THE DEPUTY PROJECT MANAGER, , APDRP / THE CURATOR, INDIRA GANDHI ZOOLOGICAL PARK, VISAKHAPATNAM. VISAKHAPATNAM DIST 4.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY,FINANCE AND PLANNING DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI,AMARAVATI. 5.THE PAY AND ACCOUNTS OFFICER, VISAKHAPATNAM, ANDHRA PRADESH. 6.THE DIRECTOR OF WORKS ACCOUNTS, MANGALAGIRI, ANDHRA PRADESH. RR 5 AND 6 ARE SUO MOTO IMPLEADED AS PER THE 2 COURT'S ORDER DT.05.03.2025. ...RESPONDENT(S): Counsel for the Petitioner: 1.SAMEERA BOKKA Counsel for the Respondent(S): 1.GP FOR FORESTS 2.GP FOR FINANCE PLANNING The Court made the following ORAL ORDER: Fleard Ms. Sameera Bokka, learned Counsel for the Writ Petitioner; Sri Panuku Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj & Rural Development and Finance & Planning and Sri Kata Sambasiva Rao, learned Assistant Government Pleader for Forests. 2. Sri Panuku Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj & Rural Development and Finance & Planning has submitted the Written Instructions furnished by the Pay & Accounts Officer (FAC), Works Accounts, Visakhapatnam dated 22.03.2025 along with some material documents. Copies of it are also supplied to the learned Counsel for the Writ Petitioner. The same is taken on record. 3. The Written Instruction would indicate that the Office of the Pay & Accounts Officer has addressed a letter to the Director of Works Accounts for taking necessary action in resolving the error for raising the bills. 4. Sri Kata Sambasiva Rao, learned Assistant Government Pleader for Forests has submitted certain correspondence between the Pay & Accounts Officer and the Curator, Indira Gandhi Zoological Park, Visakhapatnam dated 18.03.2025 and vice-versa by the Curator, Indira Gandhi Zoological Park, Visakhapatnam to the Pay & Accounts Officer, Visakhapatnam dated 20.03.2025. The letter dated 20.03.2025 would indicate that the Director of Works Accounts, A.P., Mangalagiri was requested/(o take necessary action to resolve the issue by creating EMD/FSD refund bill by the Curator through the Head of Account in CFMS portal for the purpose of refunding the EMD/FSD to the Curator in order to avoid further legal complications. r . 5. Having regard to the instructions furnished by the Pay & Accounts Officer to the learned Government Pleader and the response between the Officers mentioned above, this Court deems it appropriate to allow the Writ Petition directing the Pay & Accounts Officer, Works Accounts; Director of Works Accounts and the Curator, Indira Gandhi Zoological Park, Visakhapatnam to crease-out all technicalities within a period of four weeks from today and transfer the due amount to the account of the Writ Petitioner within three weeks thereafter. e.With these observations and directions, this Writ Petition stands allowed. No order as to costs. 7.Interlocutory Applications, if any, stand closed in t^ms of this order. Sd/- M. SRINIVAS ASSISTANT REGISTRAR X //TRUE COPY// ^fik^FiCER SEC To, 1. The Principal Secretary, Forest Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The Project Manager, Andhra Pradesh Disaster Recovery Project, Visakhapatnam, Visakhapatnam dist. 3. The Deputy Project Manager, APDRP / The Curator, Indira Gandhi Zoological Park, Visakhapatnam. Visakhapatnam dist 4. The Principal Secretary, Finance and Planning Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravati. 5. The Pay and Accounts Officer, Visakhapatnam, Andhra Pradesh. 6. The Director of Works Accounts, Mangalagiri, Andhra Pradesh. 7. One CC to M/s. Sameera Bokka, Advocate [OPUC] 8. Two CCs to GP for Forests, High Court of Andhra Pradesh. [OUT] 9. Two CCs to GP for Finance and Planning, High Court of Andhra Pradesh. [OUT] 10. Three CD Copies. ssb .4^ HIGH COURT DATED:24/03/2025 ORDER WP.No.5340 of 2025 ALLOWING THE W.P. WITHOUT COSTS