Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 9950 (AP)

M/s.Sri.Atchutha Digital Grafix, v. The State of Andhra Pradesh,

WP/5962/2025 · 2025-07-21

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010110392025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ,4 TUESDAY, THE TWENTY SECOND DAY OF JULY /- TWO THOUSAND AND TWENTY FIVE PRESENT 4 THE HON’BLE SRI JUSTICE HARINATH.N r WRIT PETITION NO: 5962 OF 2025 Between: 1. M/s.Sri.Atchutha Digital Grafix, Rep. by.lts Managing Partner, K.Atchyuthamba, W/oBala Prasad, Age- 45 years, R/o. 1-1A-23/1, Mahatma Street Kondayapalem, Kakinada, East Godavari District, Andhra Pradesh. M/S.Pixel Digitals Kakinada, Rep. by. its. managing Partner K.Naga Satya Deepika D/o.Bala Prasad, 1-1A-23/1 2. Mahatma Street Kondayapalem, Kakinada, East Godavari District, Andhra Pradesh. M/S.Satya Krishna Digital Kakinada, Rep. by. its. managing Partner V.Satish S/o.Ganga raju, 1-1A-22/B4, Mahatma Street Kondayapalem, 3. Kakinada, East Godavari District, Andhra Pradesh. ...Petitioners ^ AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Municipal Administration and Urban Development Velagapudi, Amaravathi, Guntur. 2. Municipal Corporation Kakinada, Rep.by its Commissioner, Kakinada Kakinada District. 3. The Deputy City Planner Kakinada, Kakinada District. 4. The Assistant City Planner, Kakinada, Kakinada District Secretariat Building, J 5. The State of Andhra Pradesh, Rep. by its Principal Secretary Department of Finance and Planning, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. ...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 in withholding the payments of pending amounts of Rs. 5,31,965/- (Five Lakhs, Thirty One Thousand, Nine Hundred and Sixty Five Rupees only) even after finalizing the bills payable to the petitioner in relation to the works i.e I. Supply of MCC Team flexes and SVEEP Election flexes designing, printing, transport and fixing at various places in Kakinada municipal corporation limits under General Elections 2024, Dated 27.04.2024, (Rs.58,500/-), II Supply of 5 SVEEP Election flexes designing, printing, transport and fixing at places in Kakinada municipal corporation limits under general Elections-2024, Dated 27.04.2024 (Rs.88,000/-), III. Supply of protocol flex bus and auto stickers and welcome banners mentioned in areas for the visit of Hon’ble Andhra Pradesh Chief Minister one varies on 03.01.2024, Dated 01-01-2024 (Rs. 1,58,165/-) IV.Supply of welcome hording flex banners ,and fixing at varies places in Kakinada limits (include dsigning, printing, fixing and transport ) for ISAC 2022 Kakinada in awared 2nd prize in the award category sanitation for the project solid waste (Rs.63,000/), V. Supply of bus stickers and auto stickers (Designing, fixing and transport) Visit of Hon’ble Chief minister of Andhra Pradesh Scheduled 12-10-2023 at samalkota (Rs.97,050/-) VI. Supply of 3x2 feets 233 flexs with 4 side rings for fixing at Kakinada city assembly polling station centers for voters enrolments programme on 04.11.2023 and 05.11.2023 (Rs.58,250/-) VII. Supply of 10X6 Feets back drop 4 flexes, 8x3 Feets 1 protocol flex ,fixing at ward secrerariats in Kakinada municipal corporation limits under unveiling of management on 28-09-2023 on welfare scheme boards inauguration programme (Rs.9,000/-)” 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. 5,31,965/- (Five Lakhs, Thirty One Thousand, Nine Hundred and Sixty Five 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 amount payable to him pending disposal of the writ petition. Counsel for the Petitioners: SRI DEVASRI ROSHAN KANCHARLA Counsel for the Respondent No.1: GP MUNCIPAL ADMN AND URBAN DEV Counsel for the Respondent Nos. 2 to 4: SRI M KRISHNA RAO (SC FOR MUNICIPAL CORPORATIONS) Counsel for the Respondent No.5: GP FOR FINANCE & PLANNING The Court made the following order: APHC010110392025 IN THE HIGH COURT OF ANDHRA PRADESH AT AWIARAVATI (Special Original Jurisdiction) [3457] r: •1^ TUESDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 5962/2025 Between: 1.M/S.SRI.ATCHUTHA DIGITAL GRAFIX,, REP. BY.LTS MANAGING PARTNER, K.ATCHYUTHAMBA, W/OBALA PRASAD, AGE- 45 YEARS, R/0. 1-1A-23/1, MAHATMA STREET KONDAYAPALEM,KAKINADA, EAST GODAVARI DISTRICT, ANDHRA PRADESH. 2.M/S.PIXEL DIGITALS KAKINADA, REP. BY. ITS. MANAGING PARTNER K.NAGA SATYA DEEPIKA D/0.BALA PRASAD, 1- 1A-23/1, MAHATMA STREET KONDAYAPALEM,KAKINADA, EAST GODAVARI DISTRICT, ANDHRA PRADESH. 3.M/S.SATYA KRISHNA DIGITAL KAKINADA,, REP. BY. ITS. MANAGING PARTNER V.SATISH S/O.GANGA RAJU, 1-1A- 22/B4, MAHATMA STREET KONDAYAPALEM,KAKINADA, EAST GODAVARI DISTRICT, ANDHRA PRADESH. ...PETITIONER{S) AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR. 2 2.MUNICIPAL CORPORATION KAKINADA, REP.BY ITS COMMISSIONER, KAKINADA KAKINADA DISTRICT. 3.THE DEPUTY CITY PLANNER KAKINADA, KAKINADA DISTRICT. 4.THE ASSISTANT CITY PLANNER, KAKINADA, KAKINADA DISTRICT 5.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. ...RESPONDENT(S): 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 tomaybe 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 payments of pending amounts of Rs. 5,31,965/- ( Five Lakhs, Thirty One Thousand, Nine Hundred and Sixty Five Rupees only ) even after finalizing the bills payable to the petitioner in relation to the works i.e /. Supply of MCC Team flexes and SVEEP Election flexes designing ,printing,transport and fixing at various places in Kakinada municipal corporation limits under General Elections 2024,Dated27.04.2024,(Rs.58,500/-),ll Supply of 5 SVEEP Election flexes designing ,printing ,transport and fixing at varies places in Kakinada municipal corporation limits under general lections-2024,Dated 2704.2024(Rs.88,000/-),lll.Supply of protocol flex bus and auto stickers and welcome banners mentioned in areas for the visit of Honble andra Pradesh chief minister on 3.01.2024,Dated-1-1- 2024(Rs.1,58,165/41 V.Supply of welcome hording flex banners ,and fixing at varies places in Kakinada limits (include dsigning,printing ,fixing and transport )for ISAC 2022 Kakinada in awared 2nd prize in the award category sanitation for the project solid waste management on 28-09- 2023(Rs.63,000/- ),V.Supply of bus stickers and auto stickers (Designing,fixing and / 3 r transport)-Visit of Honble Chief minister of Andhra pardesh Scheduled on 12-10-2023at samaJkota.(Rs.97,050/-)Vl.Supply of 3x2 feets 233 flexs with 4 side rings for fixing at Kakinada city assembly polling station centers for voters enrolments 04.11.2023 and 05.11.2023(Rs.58,250/-)VII.Supply of 10X6 Feets back drop 4 flexes ,8x3 Feets 1 protocol flex .fixing at ward secrerariats in Kakinada municipal corporation limits under unveiling of welfare scheme boards inauguration programme(Rs.9,000/-) 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. 5,31,965/- ( Five Lakhs, Thirty One Thousand, Nine Hundred and Sixty Five Rupees only ) with interest @ 24percent per annum for the delayed amount till date of realization for the works executed by the petitioner and lA NO: 1 OF 2025 Petition under Section 151 CPC circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to direct the respondents to releasing the amount payable to him pending disposal of the writ petition andpass Counsel for the Petitioner(S): 1.DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S): 1 .GP MUNCIPAL ADMN AND URBAN DEV AP 2.GP FOR FINANCE PLANNING The Court made the following: programme on pass praying that in the 4 f THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 5962 of 2025 ORDER: The petitioners are aggrieved by the inaction on the part of the respondents in releasing the payments due payable to the petitioners on account of execution of works entrusted by the second respondent. Today, when the matter is taken up for hearing, the learned 2. Standing Counsel for the Municipality, on instructions, submits that the amounts due payable were uploaded in CFMS portal, however. the payments are not made. Considering his submissions that the works are completed 3. and payments are also finalized, there shall be a direction to the respondent Nos.2 to 5 to release the payments within a period of six (06) weeks from the date of receipt of this order. Accordingly, this Writ Petition is disposed of. There shall be no 4. order as to costs. 5 As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- K.J.RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTTON OFFICER To, 1. The Principal Secretary, Municipal Administration and Urban Development, Secretariat Building, Velagapudi, Amaravathi, Guntur. 2. The Commissioner, Municipal Corporation Kakinada, Kakinada 3. The Deputy City Planner, Kakinada, Kakinada District. District. 4. The Assistant City Planner, Kakinada, Kakinada District 5. The Principal Secretary, Department of Finance Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 6. One CC to Sri Devasri Roshan Kancharla, Advocate [OPUC] 7. One CC to Sri M Krishna Rao (SC for Municipal Advocate [OPUC] 8. Two CCs to GP for Muncipal Admn and Urban Andhra Pradesh [OUT] 9. Two CCs to GP for Finance & Planning, High Court of Andhra [OUT] and Planning Corporations) Dev, High Court of Pradesh 10. Two CD Copies TF , HIGH COURT DATED:22/07/2025 ORDER WP NO. 5962 OF 2025 DISPOSING OF THE W.P., WITHOUT COSTS