Andhra Pradesh High Court

WRIT PETITION 15705 of 2017 on 29 December 2016

IN THE HIGH COURT OF ANDHRA PRADESH(Special Original Jurisdiction)

:: AMARAVATI

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WEDNESDAY ,THE THIRTIETH DAY OF APRILTWO THOUSAND AND TWENTY FIVEPRESENTTHE HONOURABLE SRI JUSTICE NYAPATHY VIJAYWRIT PETITION NO: 15705 OF 2017

Between:

M/s. Sri Sal Samhita Constructions, D.No.6-294, Ravulapalem Village & MandalEast Godavari District, A.P Rep. by its Managing Partner, K.V.G Krishna ReddyS/a. Dharma Reddy, Aged about 42 years, Occ: Business, R/o. KomarajularkaVillage, Ravulapalem Mandal,

i ....PETITIONER

AND

1. State of AndhraPradesh, Water Resources (WRG-GRC) Department.Secretariat, Velagapudi, Amarayathi, Guntur District. Rep. by its PrincipalSecretary.? !'Secretariat, Velagapudi, Amarayathi, Guntur District. Rep. by its PrincipalSecretary.? !'

2. TheBhimavaramMunicipality,WestGodavariDistrict.Rep.byitsCommissioner,Commissioner,

3. The Superintending Engineer (PH), Public Health Engineering Department,Rajahmundry, East Godavari District.Rajahmundry, East Godavari District.

4. The Municipal Engineer, Bhimavaram Municipality, West[Godavari][ District.]

5. The Accounts Officer, Bhimavaram Municipality, West[Godavari][ District.]

...RESPONDENTS

Page 1 of 4

Petition under Article 226 of the Constitution of India is filed praying thatin the circumstances stated in the affidavit filed therewith, the High Court maybe pleasedto issue a writ of mandamus or any other appropriate writordirectiondeclaringtheactionofthe2ndrespondentinapplyingGOMS.No.125 Water Resources (WRG-GRC) Department dated 29.12.2016for deducting amounts from the bills of the petitioner towards sand component for the work relating to Agreement No’113to 119 and declare GOMS.No.125dated 29.12.2016 so far it affects thepetitioner s right 'as illegal, arbitrary andconsequently direct the respondents to refund theamounts deducted withinterest at 9% from the date of deduction till thedate of payment.

LA, NO: 2 OF 2017fWPMP Mh-pp2017)

PetitionunderSection151CPCisfiledprayingthatinthecircumstances stated in the affidavit filedi *in support of the petition, the Highcoort may be pleased to direc. the 2nd respondent to pay money's payable tothe petitioner in respect of the work doneiin pursuance of the agreements- A ottneemered be^ing agreement NoM^ io 119 mentioned in AnnexureAffidavit Witnout reference to Go<Ms.No.125, dt.29.12.2016.

Counsel for the Petitioner: SRI O MANOHER REDDYCounsel for the Respondents No.1 and 3: GP FOR IRR| AND CAD (AP)Counsel for the RespondentsNo.2, 4 & 5: STANDING COUNSELFORMUNICIPALTYTHE COURT MADE THE FOLLOWING ORDER:

'ii

APHC010638362017

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

[3460]

WEDNESDAY, THE THIRTIETH DAY OF APRILTWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

WRIT PETITION NO: 15705/2017

Between;

Page 2 of 4

1. M/S.SRISAISAMHITACONSTRUCTIONS,D.NO.6-294,RAVULAPALEM VILLAGE & MANUAL EAST GODAVARI DISTRICT,A.P REP. BY ITS MANAGING PARTNER, K.V.G KRISHNA REDDYS/A. DHARMA REDDY, AGED ABOUT 42 YEARS, OCC: BUSINESS,R/0. KOMARAJULARKA VILLAGE, RAVULAPALEM MANUAL,RAVULAPALEM VILLAGE & MANUAL EAST GODAVARI DISTRICT,A.P REP. BY ITS MANAGING PARTNER, K.V.G KRISHNA REDDYS/A. DHARMA REDDY, AGED ABOUT 42 YEARS, OCC: BUSINESS,R/0. KOMARAJULARKA VILLAGE, RAVULAPALEM MANUAL,

...PETITIONER

AND

1. STATE OF ANDHRA PRADESH, WATER RESOURCES (WRG-GRC)DEPARTMENT.SECRETARIAT,VELAGAPUDI.AMARAVATHI,GUNTUR DISTRICT. REP. BY ITS PRINCIPAL SECRETARY.DEPARTMENT.SECRETARIAT,VELAGAPUDI.AMARAVATHI,GUNTUR DISTRICT. REP. BY ITS PRINCIPAL SECRETARY.

2. THE BHIMAVARAMMUNICIPALITY, WEST GODAVARIDISTRICT.REP. BY ITS COMMISSIONER,REP. BY ITS COMMISSIONER,

3. THESUPERINTENDINGENGINEERPH,PUBLICHEALTHENGINEERING DEPARTMENT, RAJAHMUNDRY, EAST GODAVARIDISTRICT.ENGINEERING DEPARTMENT, RAJAHMUNDRY, EAST GODAVARIDISTRICT.

4. THE MUNICIPAL ENGINEER, BHIMAVARAM MUNICIPALITY,[WEST]GODAVARI DISTRICT.GODAVARI DISTRICT.

5. THE ACCOUNTS OFFICER, BHIMAVARAM MUNICIPALITY, WESTGODAVARI DISTRICT.GODAVARI DISTRICT.

...RESPONDENT(S):

Counsel for the Petitioner:

1.0 MANOHER REDDY

Counsel for the Respondent{S):

1.

2. GP FOR IRRI AND CAD (AP)

3. VENKATESWARLU NIMMAGADDA

The Court made the following:

HON’BLE SRI JUSTICE NYAPATHY VIJAY

Page 3 of 4

W.P.No.15705 of 2017

QRDEBI

present writ petition is filed declaring the action[of 2^^][ respondent][ in]G.O.Ms.No.125 Water Resources (WRG-GRC) Department[dated]applying29 12 20'!^deducting amounts from the bills of the[petitioner][ towards][ sand]for the work relatingto Agreement No.113 to 119 anddeclarecomponentG O Ms No.'125 dated 29.12.2016 so far it affects the[petitioner,][ as][ illegal][ and]arbitrary-

2. Sri P.JaggaReddy,learnedcounselrepresentingSriO.ManoherReddy learned counsellor the petitioner submits that[no][ cause][ survives][ for]adjudication in the present petition.

3. Recording the same, the Writ Petition is dismissed[as][ infructuous.][ No]order as to costs.

fKs a sequel, the miscellaneous petitions if any shall[stand][ closed.]

!..

Sd/- B CHITTI JOSEPHASSISTANT REGISTRAR/

//TRUE COPY//

SECTION OFFICER

To,1.one CC to SRI O MANOHER REDDY Advocate [OPUC]^TWO CCs to GP FOR IRRI AND GAD (AP) ,High Court Of[Andhra][ Pradesh.][OUT]1.one CC to SRI O MANOHER REDDY Advocate [OPUC]^TWO CCs to GP FOR IRRI AND GAD (AP) ,High Court Of[Andhra][ Pradesh.][OUT]

3 one CC to STANDING COUNSEL FOR MUNICIPALITY, Advocate■[OPUC]■[OPUC]^ Three CD Copiespsk HIGH COURT

DATED:30/04/2025

ORDERWP.No.15705 of 2017

OF ANDA^0^CJ'|3r? fi SEP 2025mi■w^. Current Seciion ^

DISMISSING THE WRIT PETITION WITH NO COSTS

Page 4 of 4

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