Common order on five writ petitions filed by a contractor seeking directed payments for completed municipal works. The Court recorded the submission that bills were cleared and ordered closure of the petitions without costs.
Writ petitions closed without costs; no direction for payment issued as bills reported cleared.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)
TUESDAY, THE THIRTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY THREE
PRESENT
b wjjw a
THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN
WRIT PETITION Nos: 9208, 9217, 9219.9221 and 9223 OF 2023
WRIT PETITION NO: 9208 OF 2023
Between:
M/s.Maruthi Constructions Pvt.Ltd., Rep. by its Managing Partner, B.Trivikram, S/o.BRK Murthy, aged about 50 years, Occ. Contractor, R/o.D.No.54-14/1-9/5, Bharathi Nagar, Vijayawada, Krishna District.
...PETITIONER
AND
...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 a writ of mandamus or any other withholding the payment an amount Rs. 1,10,11,948.65/- (CFMS.No. 2023- 242980) even after finalizing the bills, payable to the petitioner in relation to the appropriate writ or direction declaring the action of the Respondents in work i.e. 'Providing Foot Paths and Improvement of BT Road from Alankar Centre to Gulabithota in Division Nos.42, 43 8z, 44 with Reverse Tendering Process. (Rc.E11-165312/2020)', vide
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cons^JeX°'2the‘’’'respond^rt“’ to ' roreS® “ f®®®'' “** . w« pS mentioned work forthwith. Petitioner in respect of execution of above-
•y
lA NO: 1 OF 2023
the affida’S^"n®Lpport of thl SoTthe^Woh c ‘ rt® "''‘=“™‘a'’<=es stated in to direct the respondente to for Rs.1.10.11,948.65/-' (CFMS.No 2023-249qftm Iamounts the delayed amount to the petitioner in resoect @12% per annum for Foot Paths and Improvement^ of BT Road ‘•®- "Providing Division Nos.42. 43 and 44 with Rpvp°^ 105312/2020)", Vide agr« No 0^^^T22 0?^“' (’’‘=■^^1disposal of the Writ Petition. ’ 08 04.2021 pending
Counsel for the Petitioner: SRI POLANKI ANAND SURYA
Counsel for the Respondent 1: GP FOR MUNCIPAL AOMN URBAN DEV
Counsel for the Respondent 5; GP FOR FINANCE & PLANNING
SSm ?or'';X™n‘® * ®'’' “ “^NOHAR REDDY, SC FOR
WRIT PETITION NO: 9217 OF 2023
Between:
Maruthi Constructions. Rep by its Managing Partner I-------AgedVyayawada;Kri^h"naDismabout 50 2:32?S- S'SieRK* B^aVa^^^^ Murthy, ------ 1 Nagar,
...PETITIONER
AND
...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 a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents in withholding the payment of Rs.32,44*562/- (vide CFMS No.2023-243024) even after finalizing the bills, payable to the petitioner in relation to the work i.e., .Construction of BT Road from 1. D.No.27-7-69/ 1 to 27-7-53 Sivalayam street and 2. 27-10-148/13 Atta Rattaiah street in Division No.21 was sanctioned under 14th Finance Commission Basic Grant 2018-19 2nd installment, vide Agreement No.82/2022-23, Dt.7.12.2022 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to consider for payment of Rs.32,44,562/- (vide CFMS No.2023243024) with interest @12percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith.
lA NO: 1 OF 2023
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 consider for payment of Rs.32,44,562/ - (vide CFMS No.2023243024) g12% per annum for the delayed amount to the petitioner in respect of execution of work i.e. .Construction of BT Road from 1. D.No.27-7-69/1 to 27-7-53 Sivalayam street 86 2. 27-10-148/13 Atta Rattaiah street in Division No.21 was sanctioned under 14th Finance Commission Basic Grant 2018-19 2nd installment., vide Agreement No.82/2022-23, Dt.7.12.2022 forthwith, pending disposal of the Writ Petition.
Counsel for the Petitioner :SRI POLANKI ANAND SURYA
Counsel for the Respondent 1 to 3: GP FOR MUNCIPAL ADMN URBAN DEV
Counsel for the Respondent 6: GP FOR FINANCE & PLANNING
Counsel for the Respondents 4 & 5: SRI M.MANOHAR REDDY, SC FOR MUNICIPAL CORPORATION
WRIT PETITION NO: 9219 OF 2023
Between:
Maruthi Constructions Pvt Ltd, Rep. by its Managing Partner, B.Trivikram, S/o.BRK Murthy, aged about 50 years, Occ. Contractor, R/o.D.No.54-14/1-9/5, Bharathi Nagar, Vijayawada, Krishna District.
...PETITIONER
AND
1. The State of Andhra Pradesh, Rep. by Principal Secretary, Department of Municipal Administration and Urban Development Authority, Secretariat Buildings, Velagapudi, Amaravathi.
2. The Superintending Engineer, Vijayawada Municipal Corporation, Vijayawada, Krishna District.
3. The Commissioner, Vijayawada Municipal Corporation, Vijayawada, Krishna District
4. The Executive Engineer - II, Vijayawada Municipal Corporation, Vijayawada, Krishna District
5. The State of Andhra Pradesh, Rep. by Principal Secretary, Department of Finance and Planning, Secretariat Buildings, Velagapudi, Amaravathi.
...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 a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents withholding the payment an amount Rs.8,95,315.41/- (CFMS.No. 2023-242047) even after finalizing the bills, payable to the petitioner in relation to the work i.e.Construction of CC drains and providing BT roads in sector -3 of Lotus land mark in Division No.32 (14th Finance Commission Grant 2017-18)., vide agreement No.59/2021-22, dated. 18.12.2021, as the same is illegal, arbitrary and consequently direct the respondents to consider for payment of Rs.8,95,315.41/- (CFMS.No. 2023-242047) with interest @12percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith.
lA NO: 1 OF 2023
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 consider for payment of final Bill amounts Rs.8,95,315.41/(CFMS.No. 2023-242047) with interest @12% per annum for the delayed arhount to the petitioner in respect of execution of work i.e. .Construction of CC drains and providing BT roads in sector -3 of Lotus land mark in Division No.32 (14th Finance Commission Grant 2017-18)., vide agreement No.59/2021-22, dated. 18.12.2021, pending disposal of the Writ Petition.
Counsel for the Petitioner: SRI POLANKI ANAND SURYA
Counsel for the Respondent 1 : GP FOR MUNCIPAL ADMN URBAN DEV
Counsel for the Respondent 5: GP FOR FINANCE & PLANNING
Counsel for the Respondents 2 to 4: SRI M.MANOHAR REDDY, SC FOR MUNICIPAL CORPORATION
WRIT PETITION NO: 9221 OF 2023
Between:
M/s. Maruthi Constructions, Rep by its Managing Partner, B.Trivikram, S/o.BRK Murthy, Aged about 50 years, Occ. Contractor, R/o. D.No.54-14/ 1-9/5, Bharathi Nagar,Vijayawada, Krishna District.
...PETITIONER
AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Municipal Administration, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.
2. The Commissioner and Director of Municipal Administration, Padmini i Enclave,5th lane,4/7, Mahatma Gandhi Inner Ring Rd, Annapurna Nagar,Guntur,Andhra Pradesh 5522034
3. The Vijayawada Municipal Corporation, Rep.by its Commissioner, Vijayawada, Krishna District.
4. The Superintending Engineer, 6/o Municipal Corporation, Vijayawada.
5. The Executive Engineer - II, Municipal Corporation, Vijayawada.
6. 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 a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents in withholding the payment of Rs. 14,06,073/- (vide CFMS No.2023-243023) even after finalizing the bills, payable to the petitioner in relation to the work i.e.. Improvement of BT Surface to Road from Governor Bungalow to State Guest House Jn - Pingali Venkaiah Marg from MG Road to Gdpal Reddy Road to Red Circle (14th FCG 2019-20 RADP), vide Agreement No.96/2022-23, Dt.29.12.2022 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to consider for payment of Rs. 14,06,073/- (vide CFMS No.2023-24304 with interest @12percent per annum for the delayed amount to the petitioner in respect of execution of abovementioned work forthwith.
©
lA NO: 1 OF 2023
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 consider for payment of Rs. 14,06,073/- (vide CFMS No.2023243023) @12% per annum for the delayed amount to the petitioner in respect of execution of work i.e. "Improvement of BT Surface to Road from Governor Bungalow to State Guest House Jn - Pingali Venkaiah Marg from MG Road to Gopal Reddy Road to Red Circle (14th FCG 2019-20 RADP)", vide Agreement No.96/2022-23, Dt.29.12.2022 forthwith, pending disposal of the Writ Petition.
Counsel for the Petitioner: SRI POLANKI ANAND SURYA
Counsel for the Respondent 1 : GP FOR MUNCIPAL ADMN URBAN DEV
Counsel for the Respondent 6: GP FOR FINANCE & PLANNING
Counsel for the Respondents 2 to 5: SRI M.MANOHAR REDDY, SC FOR MUNICIPAL CORPORATION
WRIT PETITION NO: 9223 OF 2023
Between:
M/s Maruthi Constructions,, Rep by its Managing Partner, B.Trivikram, S/o.BRK Murthy, Aged about 50 years, Occ- Contractor, R/o. D.No.54-14/1-9/5, Bharathi Nagar, Vijayawada, Krishna District.
...PETITIONER
AND
' “I
...RESPONDENTS
FCG 2019 20 RAnp\ marks Sector-1, in Diviision No.32.(14th „ RADP). vide Agreement No.95/2022-23 0129 12 2029 lo petitioner in respert o’f executtoM^e’Son^d wrk fortSh"™""' ""
lA NO: 1 OF 2023
S~E5S“^SS «dSof.ew&"‘ ^<‘■^^'2.22.23. D..29.12.2022,‘«,
Counsel for the Petitioner: SRI POLANKI ANAND SURYA
Counsel for the Respondent 1 : GP FOR MUNCIPAL ADMN URBAN DEV
Counsel for the Respondent 6: GP FOR FINANCE & PLANNING
SSmSSoSSSSh* *’ sc for
The Court made the following: ORDER
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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
the HON’BLE SRI JUSTICE B. KRISHNA MOHAN
■,VP,T pptiTION Nn»-9208. 9217 0221 9223 of 2023
WRIT PETITION No.9208:
Maruthi Constructions M/s. PvtXtd., Rep. by its Managing Partner, B. Trivikram, S/o^ BRK Murthy, aged about 50 years, Occ: Contractor R/o.D.No.54-14/ 1-9/5, Bharathi Nagar, Vijayawaaa, Krishna District.
Petitioner
Versus
The State of Andhra Pradesh, rep by its Principal Secretary, Municipal Administration & Urban Development Authority, A.P. Secretariat Buildings Velagapudi, Amaravathi and 4 others.
....Respondents
WRIT PETITION No.9217:
Petitioner
Versus
2
The State of Andhra Pradesh, rep by its Principal Secretary, Municipal Administration 85 Urban TDevelopment Authority, A.P. Secretariat Buildings Velagapudi, Guntur District and 5 others.
....Respondents
WRIT PETITION No.9219;
M/s. Maruthi Constructions Pvt.Ltd., Rep. by its Managing Partner, B. Trivikram, S/o. BRK Murthy, aged about 50 years, Occ: Contractor R/o.D.No.54-14/1-9/5, Bharathi Nagar, Vijayawada, Krishna District.
Petitioner
Versus
The State of Andhra Pradesh, rep by its Principal Secretary, Municipal Administration 85 Urban Development Authority, A.P. Secretariat Buildings Velagapudi, Amaravathi and 4 others.
....Respondents
WRIT PETITION No.9221;
M/s. Maruthi Constructions, Rep. by its Managing Partner, B. Trivikram, S/o. BRK Murthy, aged about 50 years, Occ; Contractor R/o.D.No.5414/1-9/5, Bharathi Nagar, Vijayawada, Krishna District.
Petitioner
Versus
3
V,
The State of Andhra Pradesh, rep by its Principal Secretary, Municipal Administration 85 Urban Development Authority, A.P. Secretariat Buildings Velagapudi, Amarayathi, Guntur District and 5 others';
....Respondents
WRIT PETITION No.9223;
M/s. Maruthi Constructions, Rep. by its Managing Partner, B. Trivikram, S/o. BRK Murthy, aged about 50 years, Occ: Contractor R/o.D.No.5414/1-9/5, Bharathi Nagar, Vijayawada, Krishna District.
Petitioner
. Versus
The State of Andhra Pradesh, rep by its Principal Secretary, Municipal Administration 85 Urban Development Authority, A.P. Secretariat Buildings Velagapudi, Amaravathi, Guntur District and 5 others.
....Respondents
ORDER;
The learned Assistant Government Pleader for Finance
submits that, in all these matters the bills are cleared and no further orders are necessary in all these writ petitions.
?
4
2. Recording the said submission, these writ petitions are closed. There shall be no order as to costs. As a sequel, Miscellaneous Petitions pending, if any. shall stand closed.
SD/-A. VIJAYABABU ASSISTANT REGISTRY //TRUE COPY// SECTION OFFICER
/
To,
1. OneCCto SRI POLANKI ANAND SURYA Advocate [OPUC] 2. Two CCS to GP FOR MUNCIPAL ADMN URBAN DEV, High Court Of Andhra Pradesh. [OUT] 3. Two CCS to GP FOR FINANCE & PLANNING, High Court of Andhra ’ Pradesh.[OUT] 4 One CC to SRI M.MANOHAR REDDY, SC FOR MUNICIPAL CORPORATION 5. Two CD Copies
GSR
HIGH COURT
DATED:13/06/2023
^^fSFANS:^
fe C 5 SEP 2C"3 OU
Cun-eni Section
COMMON ORDER
WP.Nos.9208, 9217, 9219, 9221 and 9223 of 2023
CLOSED OF WP WITHOUT COSTS
M/s. Maruthi Constructions Pvt. Ltd., Rep. by B. Trivikram
State of Andhra Pradesh & Others
B. KRISHNA MOHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
