M/s.Bhavani Constructions v. The State of Andhra Pradesh,
WP/5635/2025 · 2025-07-20
Harinath N
body2025
DailyLaw.ai
[ 2025 DAILYLAW 9360 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9360 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
T-'» t APHC010103192025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) a SMS ot MONDAYJHE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 5635 OF 2025 Between: M/s.Bhavani Constructions, Rep. by.lts Managing Partner, Nagam Kondala Rao S/o.N.Chinna Veerraju, Age- 55 years, R/o. 21-01-5/3, Pyda vari street Sali Peta,Kakinada, East Godavari District, Andhra Pradesh. ...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. Municipal Corporation Kakinada, rep.by its Commissioner, Kakinada Kakinada District. 3. Municipal Corporation Kakinada, Rep.by its Executive Engineer, Kakinada District. 4. The State of Andhra Pradesh, Rep. by its Principal Secretary Department of Finance and Planning, Velagapudi, Amaravathi, Guntur District 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 one
in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the St and Final payments of pending amounts of Rs. 1,35,99,521/- (One Crore Thirty Five Lakhs, Ninety Nine Thousand, Five Hundred and Twenty One Rupees only )even after finalizing the bills payable 1 to the petitioner in relation to the works i.e
“I. Laying of internal CC Drains and CC roads at lachiraju vari street from raghavendra swamy temple to ramalayam temple towards APNGO home and kollivari street from YSR down to railway track wall in 33 rd division Agreement No.72/2022-2023,Dated- 16.09.2022,” For the year 2023 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. 1,35,99,521/- (One Crore Thirty Five Lakhs, Ninety Nine Thousand, Five Hundred and Twenty One 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 AP Counsel for the Respondent No.4:GP FOR FINANCE AND PLANNING The Court made the following order:
APHC010103192025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SMS [3457] MONDAY,THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 5635/2025 Between: 1.M/S.BHAVANI CONSTRUCTIONS, REP. BY.ITS MANAGING PARTNER, NAGAM KONDALA RAO S/O.N.CHINNA VEERRAJU, AGE- 55 YEARS, R/O. 21-01-5/3, PYDA VARI STREET SALI PETA,KAKINADA, EAST GODAVARI DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL URBAN SECRETARIAT BUILDING, SECRETARY, DEVELOPMENT DEPARTMENT, VELAGAPUDI, AMARAVATHI, GUNTUR. MUNICIPAL ADMINISTRATION AND 2.MUNICIPAL CORPORATION KAKINADA, REP.BY ITS COMMISSIONER, KAKINADA KAKINADA DISTRICT. 3.MUNICIPAL CORPORATION KAKINADA, REP.BY ITS EXECUTIVE ENGINEER KAKINADA DISTRICT. 4.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL DEPARTMENT OF FINANCE AND PLANNING, SECRETARY SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT ...RESPONDENT(S):
p 'I 2 Counsel for the Petitioner:
1.DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S): 1.M Krishna Rao SC for ski vzm kkd Municipal Corporations 2.GP MUNCIPAL ADMN AND URBAN DEVAP 3.GP FOR FINANCE PLANNING The Court made the following:
3 t
ORDER;- Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Finance and the learned Standing Counsel for the I i respondent-corporation. The learned counsel for the petitioner submits that the petitioner has completed the works i.e., laying of internal CC Drains and CC roads at Lachiraju vari street from Raghavendra Wwamy temple to Ramalayam temple towards APNGO home and Kollivari street from YSR down to Railway Track dated.16.09.2022,
2. Wall in 33'^^ Division Agreement No.72/2022-2023 entrusted by the respondent-Corporation and submitted the final bills. It is submitted that a total amount of Rs. 1,35,99,521/- 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
3. 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. Accordingly, this Writ Petition is disposed off. There shall be no order
5. as to costs.
p 4 As a sequel, miscellaneous petitions pending, if any, shall stand closed.
Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The Principal Secretary, Municipal Administration And Urban Development Department, Municipal Administration And Urban Development, Secretariat Building, Velagapudi, Amaravathi, Guntur.
2. The Commissioner, Municipal Corporation Kakinada, Kakinada Kakinada District.
3. The Executive Engineer, Municipal Corporation Kakinada, Kakinada District.
4. The Principal Secretary, Department of Finance and Planning, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District
5. One CC to Sri Devasri Roshan Kancharla, Advocate [OPUC]
6. One CC to Sri M. Krishna Rao, SC for Kakinada Municipal Corporations[OPUC]
7. Two CCs to GP for Municipal Administration and Urban Development, High Court of Andhra Pradesh. [OUT]
8. Two CCs to GP for Finance and Planning, High Court of Andhra Pradesh [OUT]
9. Two CD Copies. ssb
HIGH COURT DATED:21/07/2025 5 (I' AU'o m . Current Section .
ORDER WP No.5635 OF 2025 f
3.
DISPOSING OF THE W.P. WITHOUT COSTS