Ananda Constructions Vs the State of Ap

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APHC010350562025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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THURSDAY,THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 17892 OF 2025

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Between:

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M/s. Ananda Constructions,(Firm No. 80/2004), Rep by its A.Sirish Kumar, S/o.R. Ananda Reddy, Aged 50 years, R/o. D.No.1-509, VaradarajulaPalli Village, Mapakshi Post, Chittoor Mandal, Chittoor District, Andhra Pradesh. ...Petitioner

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AND

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The State of Andhra Pradesh, Rep by its Principal Secretary, Education Department of School Education, Secretariat, Amaravathi, Andhra Pradesh. 2. The Project Director, Andhra Pradesh SamagraShiksha Amaravati Andhra Pradesh. 3. The Chief Engineer, Andhra Pradesh SamagraShiksha, Amaravati, Andhra Pradesh. 4. The Executive Engineer, Andhra Pradesh SamagraShiksha,Chittoo r, Chittoor District, Andhra Pradesh. 5. State of Andhra Pradesh, Rep by its Principal Secretary^Finance and Planning Department, Secretariat Buildings, Velagapudi Guntur District, Andhra Pradesh.

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...Respondents

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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

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pleased to issue a Writ, order or direction more particularly^{oneinthenature} of Writ of Mandamus declaring the action of the Respondents in not releasing and not crediting the remaining amounts of Rs.30,29,056/-even after finalizing the bills, payable to the petitioner^{inrelationtotheexecutionof} works i.e providing additional infrastructure to ZPHS Penumuru under the Samagra Shiksha ,Andhra Pradesh,Amaravati as illegal, arbitrary, violation of Principles of Natural Justice, Violation of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the Official Respondents to pay an amount due to the petitioner in respect of execution^{ofaforementioned} works forthwith.

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lA NO: 1 OF 2025

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Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondents to pay an amount due to the petitioner in respect of execution of afore mentioned works forthwith pending disposal of the above writ petition.

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Counsel for the Petitioner: SRI PASAPALA SUDHAKAR REDDY Counsel for the Respondent No.1: GP FOR EDUCATION

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Counsel for the Respondents No.2 to 4: M/s R. SUDHA RANI (SC FOR APSS)

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Counsel for the Respondent No.5:GP FOR FINANCE & PLANNING

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The Court made the following order:

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IP

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APHC010350562025

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IN THE HIGH COURT OF ANDHRA prAdesh AT AMARAVATI (Special Original Jurisdiction)

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THURSDAY, THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY

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WRIT PETITION N0.17892 OF 2025

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Between:

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ANANDA CONSTRUCTIONS, Rep by its A.Sirish Kumar,S/o.R. Ananda Reddy, Aged 50 years, R/o. D.No.1-509, VaradarajulaPalli Village, Mapakshi Post, Chittoor Mandal, Chittoor District, Andhra Pradesh. ...petithonsr

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AND

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THE STATE OF AP, Rep by its Principal Secretary, Education Department of School Education, Secretariat, Amaravathi, Andhra Pradesh. 2. The Project Director, Andhra Pradesh SamagraShiksha, Amaravati, Andhra Pradesh. 3. The Chief Engineer, Andhra Pradesh SamagraShiksha, Amaravati, Andhra Pradesh. 4. The Executive Engineer, Andhra Pradesh SamagraShiksha,Chittoor, Chittoor District, Andhra^Pradesh. 5. State of Andhra Pradesh, Rep by its Principal Secretary Finance and Planning Department, Secretariat Buildings, Velagapudi, Guntur District, Andhara Pradesh.

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...Respondents

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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, order or^direction

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SRK, J WP No.17892 of 2025

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2

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more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in not releasing and not crediting the remaining amounts of Rs.30,29,056/even after finalizing the bills, payable to the petitioner in relation to the execution of works i.e providing additional infrastructure to ZPHS Penumuru under the Samagra Shiksha .Andhra Pradesh,Amaravati as illegal, arbitrary, violation of Principles of Natural Justice, Violation of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the Official Respondents to pay an amount due to the petitioner in respect of execution of afore mentioned works forthwith.

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Counsel for the Petitioner: PASAPALA SUDHAKAR REDDY Counsel for the Respondents; QP FOR EDUCATION

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Counsel for the Respondents: GP FOR FINANCE PLANNING

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SRK, J WP No. 17892 of 2025

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4>

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The Court made the following ORDER:

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This Writ Petition has been filed seeking to declare^the action of the respondents in not releasing and not crediting the remaining amounts of Rs.30,29,056/- even after finalizing the bills, payable to the petitioner in relation to the execution of works i.e., providing additional infrastructure to ZPHS Penumuru,^under the Samagra Shiksha, Andhra Pradesh, Amaravati, as illegal and arbitrary and consequently direct the respondents to pay the said amount due to the petitioner in respect of execution of afore mentioned works forthwith. 2. Petitioner is a Contractor engaged in the Government construction works. In response to calling of online tenders by 4 th respondent, vide e-procurement NIT No.83/2020-21 dated 06.06.2020, for providing additional infrastructure to ZPHS Penumur, under Samagra Siksha, Andhra Pradesh, Amaravati, petitioner submitted his tender and he was declared as successful bidder in the said tender. respondent issued^work order on 16.07.2020 and on the same day petitioner^alsoentered into an agreement with 2^^ respondent. Subsequently, petitioner completed the works within the prescribed time without any remarks, by borrowing money from various sources on interest. Having satisfied with the works done by the petitioner.

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SRK, J 4 WP No. 17892 of 2025

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respondents 3 and 4 entered the same in M Books and issued quality control certificate. 3'"^ respondent also prepared the bills for an amount of Rs,77,66,208/- in the month of March 2024, out of which an amount of Rs.30,29,056/- is to be paid. Hence, he filed the present Writ Petition. 3. Today, when the matter came up for admission, learned counsel for the petitioner submits that the subject matter of this Writ Petition is squarely covered by the orders of this Court passed in WP No.29077 of 2018, dated 16.08.2018, wherein this Court directed the respondents therein to verify and quantify the amounts due to the petitioner therein in terms of the works admittedly executed and such undisputed amounts, if any, shall be paid to the petitioner within eight (8) weeks from the date of receipt of a copy of the order. 4. On the other hand, learned Assistant Government Pleader, on written instructions, submitted that the final payment bill has been scrutinized in the Drawing Branch of Civil Works Wing DPO, APS, Chittoor and authorized to release an amount of Rs.30,29,056/- towards net amount for settlement of works done by the petitioner and Fund Transfer Order has also been generated in Treasury ID 2024-511220, dated 04.03.2024 for

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SRK, J WP No. 17892 of 2025

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payment of Rs.30,29,056/- as per the records made in M.Book No. 157/A/19-20 and the same is pending at Treasury^level. 5. In view of the aforesaid facts and circumstances and as there is no dispute with regard to the execution of work and amount due to the petitioner, the respondents are directed to release the pending amount of Rs.30,29,056/- (Rupees thirty lakhs twenty nine thousand and fifty six only) to the petitioner within a period of six (6) weeks from the date of receipt of a copy of this order, failing which, the Writ Petitioner is entitled to claim interest @ 6% per annum from the date of order till the date of realization.

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With the above direction, the Writ Petition is disposed of. There shall be no order as to costs.

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As a sequel thereto, the miscellaneous petitions, if any. pending in this Writ Petition shall stand closed.

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//TRUE COPY//

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Sd/- P VINOD KUMAR assistant registrar SECTION OFFICER

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To,

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The Principal Secretary, State of Andhra Pradesh, Education Department of School Education, Secretariat, Amaravathi, Andhra Pradesh. 2. The Project Director, Andhra Pradesh Samagra Shiksha, Amaravati Andhra Pradesh.

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The Chief Engineer, Andhra Pradesh Samagra Shiksha, Amaravati, Andhra Pradesh.

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The Executive Engineer, Andhra Pradesh Samagra Shiksha,Chitto or, Chittoor District, Andhra Pradesh. 5. The Principal Secretary, State of Andhra Pradesh, Finance and Planning Department, Secretariat Buildings, Velagapudi, Guntur District, Andhra Pradesh.

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