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2026 DAILYLAW 6127 (AP)

GARRISON CONSTRUCTIONS v. THE STATE OF ANDHRA PRADESH

WP/22885/2025 · 2026-07-13

K Sreenivasa Reddy

body2026

Judgment text

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APHC010437552025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] TUESDAY, THE 14th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 22885/2025 Between: 1. GARRISON CONSTRUCTIONS, REP. BY ITS MANAGING DIRECTOR, G. HEMANTH REDDY, S/O. G. BHASKAR REDDY, AGED ABOUT 52 YEARS, OCC CONTRACTOR, R/O.7-128/2, SRINAGAR COLONY, NEAR VIKUNTAPURAM, TIRUPATI, CHITTOOR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, AGRICULTURE AND COOPERATION (MKTG-IL) DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 3. THE SUPERINTENDING ENGINEER, PANCHAYATRAJ, CHITTOOR, CHITTOOR DISTRICT. 4. THE EXECUTIVE ENGINEER, PRL DIVISION, CHITTOOR, CHITTOOR DISTRICT. 5. THE DEPUTY EXECUTIVE ENGINEER, P.R.I. SUB-DIVISION, PALAMANER, CHITTOOR DISTRICT. 6. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT SRK,J W.P No.22885 of 2025 2 BUILDINGS, VELAGAPUDI, 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 topleased to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents in withholding the payment of 1st and Final bill amount of Rs. 1,18,01,099/- even after finalizing the bills, payable to the petitioner in relation to the work i.e. Package No APAM/Chittoor/Palamaner/10, Repairs and relaying of existing damaged 9 rural BT roads in Gangavaram, Palamaner and V.kota Mandal of Palamaner Constituency in Chittoor District in Maintance and Renewals to the road from V kota - Nayakaneri road to Nayakaneri via CM Palli and BC Palli in V kota mandal vide Agreement No.25/2022-23, dt.25.08.2022, is questioned, as the same is illegal, arbitrary and consequently direct the respondents to consider for payment of balance amount of Rs. 1,18,01,099/- with interest @12percent per annum for the delayed amount to the petitioner in respect of execution of above- mentioned work forthwith and pass IA 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 please to direct the respondents to consider for payment of balance amount of Rs. 1,18,01,099/- even after finalizing the bills, payable to the petitioner in relation to the work i.e., “Package No: APAM/Chittoor/Palamaner/ 10, Repairs 8& relaying of existing damaged 9 rural BT roads in Gangavaram, Palamaner & V.kota Mandal of Palamaner Constituency in Chittoor District” in Maintance and Renewals to the road from V kota - Nayakaneri road to Nayakaneri via CM Palli & BC Palli in V kota mandal vide Agreement No.25/2022-23, dt.25.08.2022, forthwith, pending disposal of the Writ Petition and pass IA NO: 1 OF 2026 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 may be pleased to receive the counter affidavit copies on record by allowing the leave petition in the writ petition in the interest of justice and to pass SRK,J W.P No.22885 of 2025 3 Counsel for the Petitioner: 1. SURESH KUMAR REDDY KALAVA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR COOPERATION 3. GP FOR FINANCE PLANNING SRK,J W.P No.22885 of 2025 4 THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY Writ Petition No:22885 of 2025 The Court made the following Order: This Writ Petition is filed seeking the following relief: “...to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents in withholding the payment of 1st and Final bill amount of Rs. 1,18,01,099/- even after finalizing the bills, payable to the petitioner in relation to the work i.e. “Package No:APAM/Chittoor/Palamaner/10, Repairs and relaying of existing damaged 9 rural BT roads in Gangavaram, Palamaner & V.kota Mandal of Palamaner Constituency in Chittoor District” in Maintance and Renewals to the road from V kota - Nayakaneri road to Nayakaneri via CM Palli & BC Palli in V kota mandal vide Agreement No.25/2022-23, dt.25.08.2022, is questioned, as the same is illegal, arbitrary and consequently direct the respondents to consider for payment of balance amount of Rs.1,18,01,099/- with interest @12% per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith and pass such other order…” 2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Panchayat Raj and Rural Development. 3. The petitioner was awarded the work of repairs and relaying of existing damaged BT roads under Package No.APAM/Chittoor/Palamaner/10 in Palamaner Constituency under Agreement No. 25/2022-23 dated 25.08.2022. The petitioner completed the work within the stipulated time, the work was duly measured, the final bill was prepared, and a quality control certificate was issued. However, despite finalization of the bill, the respondents failed to SRK,J W.P No.22885 of 2025 5 release the admitted amount of Rs.1,18,01,099/-. It is the case of the petitioner that it borrowed money on interest to execute the work and is suffering serious financial hardship due to non-payment of admitted bill amount. 4. It is the grievance of the petitioner that notwithstanding the completion of the work and its measurement by the competent authorities, the amount due towards the executed work has not been paid till date. According to the petitioner, although the work was completed more than three years ago, the respondent authorities have not released the admitted amount payable to it. Aggrieved by the non-payment of the said amount, the petitioner filed the present Writ Petition. 5. Learned Assistant Government Pleader while referring to the averments made in the counter-affidavit filed on behalf of respondent No.4, has drawn the attention of this Court to para-6, wherein it is stated that there is no dispute with regard to the execution of the work. According to him, the petitioner is entitled to an amount of Rs.1,03,78,866/- after statutory recoveries of Rs.13,07,185/-, and bills could not be uploaded on the NIHDI portal because the Head of Account for the grant had not yet been assigned by the Government of Andhra Pradesh and in that regard, a letter was addressed to the Engineer-in-Chief, Admin & PMGSY (P.R.), Vijayawada, seeking necessary action to facilitate processing of the bill, and six months’ time is sought for payment of the said amount. SRK,J W.P No.22885 of 2025 6 6. Having regard to the fact that there is no dispute with regard to the work executed by the petitioner and the amount payable to it, and in view of the submissions of the learned Assistant Government Pleader, the respondent authorities are directed to pay a sum of Rs.1,03,78,866/- (Rupees one crore three lakhs seventy eight thousand eight hundred and sixty six only) to the petitioner within a period of eight (08) weeks from the date of receipt of a copy of this order. 7. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition, shall stand closed. _____________________________ JUSTICE K. SREENIVASA REDDY Date:14.07.2026. Ksj