APHC010128542024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 6780 OF 2024 Between: Sri Tadi Naga Mohan Reddy, S/o. Sri Narayana Mohan Reddy, Aged about 51 years, Occ: Contractor, D.No.8-1088, Satti Somi Reddy Complex, Ravulapalem (V), Kothapet (M), East Godavari District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by Principal Secretary, Roads and Buildings Department, Secretariat Buildings, Velagapudi, Amaravathi. The Chief Engineer(R & B), NH & CRF, Vijayawada. The Superintending Engineer, R& B Circle, Kakinada. The Executive Engineer, R & B Division, Amalapuram. 2. 3. 4. 5. The State of Andhra Pradesh, Rep. by its Principal Secretary Department of Finance and Planning Velagapudi, Amaravathi, Guntur District. Secretariat Buildings ...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. 7,04,96,060/- even after finalizing the bills, payable to the petitioner in relation to the work i.e., widening and Strengthening of a) Gopalapuram - Ganti Road (via) M.V. Padu from Km 0.00 to 4.725 B) km 0/4 of janakammaravi Road Pushkar Ghat Road (via) C.R.C & Chinnavantana, Branch road Ravulapalem to no. 1 NH 16 No. II 0.000 to komaraju Lanka Road dm Branch Road Janakammaravi Road to NH 16 (kapulakalyana Mandapam) from Km to 6.450 in East Godavari District C) Janakammavari - Ravulapalem Road (via) kaulakalyana Mandapam and Ailakshimi Punta from km in East Godavari 0.000 to 6.500 District., vide L.S. Agreement C.R.No.74/2022-2023, questioned, as the same consequently direct the respondents to consider for dt.31.03.2023, is is illegal, arbitrary and payment of balance amount of Rs. 7,04,96,060/- with interest @12% per annum for the deiayed amount to the petitioner in respect of execution of above-mentioned work forthwith. (Prayer is amended 01 of 2025 in Writ Petition and affidavit) 1ANOl1OF2024 per the Court's Order dt.01.07.2025 in I.A.No. as Petition under Section 151 CPC in the affidavit filed in support of the petition, the High Court please to direct the respondents to consider for of Rs. 7,04,96,060/- relation to the work Ganti Road (via) M.V. praying that in the circumstances stated may be pleased payment of balance amount even after finalizing the bills, payable to the petitioner in i.e., widening and Strengthening of a) Gopalapuram - Padu from Km 0.00 to 4.725 B) km 0/4 janakammaravi Road to Pushkar Ghat Road (via) C.R.C & Chinnavantana Branch road no. 1 NH 16 Ravulapalem to komaraju Lanka Road No. II Janakammaravi Road to NH 16 (kapulakalyana Mandapam) Km 0.000 to 6.450 in East of Road & Branch from Godavari District C) Janakammavari - Ravulapalem Road (via) kaulakalyana Mandapam & Ailakshimi Punta from km 0.000 to 6.500 in East Godavari District. vide L.S. Agreement pending disposal of the Writ No.79/2022-2023, dt.31.03.2023, forthwith. Petition. Counsel for the Petitioner: SRI SURESH KUMAR REDDY KALAVA Counsel for the Respondent Nos.1 to 4: GP FOR ROADS AND BUILDINGS Counsel for the Respondent No.5:GP FOR FINANCE AND PLANNING The Court made the following order: APHC010128542024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) HriS 0%. [3331] E* THURSDAY, THE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 6780/2024 Between: 1.TADI NAGA MOHAN REDDY, S/0. SRI NARAYANA MOHAN REDDY AGED ABOUT 51 YEARS, OCC CONTRACTOR SATTI SOMI REDDY COMPLEX, RAVULAPALEM (V), KOTHAPET (M), EAST GODAVARI DISTRICT. D.NO. 8-1088, ...PETITIONER AND 1.THE STATE OF AP, REP. BY PRINCIPAL SECRETARY, ROADS AND SECRETARIAT BUILDINGS BUILDINGS DEPARTMENT VELAGAPUDI, AMARAVATHI. 2.THE CHIEF ENGINEER R AND B, NH AND CRF, VIJAYAWADA. 3.THE SUPERINTENDING ENGINEER, R AND B CIRCLE, KAKINADA. 4.THE EXECUTIVE ENGINEER, R AND B DIVISION, AMALAPURAM. 5.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL PLANNING, DEPARTMENT OF FINANCE AND SECRETARY, 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 SRS.J W.P.No.6780 of 2024 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. 7,04,96,060/- even after finalizing the bills, payable to the petitioner in relation to the work i.e., widening and Strengthening of a) Gopalapuram - Ganti Road (via) M.V. Padu from Km O.OOto 4.725 B) km 0/4 of janakammaravi Road to Pushkar Ghat Road (via) C.R.C 85 Chinnavantana, Branch road no. 1 NH 16 to komaraju Lanka Road dm Branch Road No. II 1 Ravulapalem Janakammaravi Road to NH 16 (kapulakalyana Mandapam) from Km 0.000 to 6.450 in East Godavari District C) Janakammavari - Ravulapalem Road (via) kaulakalyana Mandapam and Ailakshimi Punta from km 0.000 to 6.500 in East Godavari District., vide L.S. Agreement C.R.No.74/2022-2023, questioned, as the same is illegal, arbitrary and dt.31.03.2023, is consequently direct the respondents to consider for payment of balance amount of Rs. 7,04,96,060/- with interest @12 percentage per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith and pass Prayer is amended as per the Court's Order dt.01.07.2025 in I.A.No. 01 of 2025. lA NO: 1 OF 2024 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. 7,04,96,060/- even after finalizing the bills, payable to the petitioner in relation to the work i.e., widening and Strengthening of a) Gopalapuram - Ganti Road (via) M.V. Padu from Km O.OOto 4.725 B) km 0/4 of janakammaravi Road to Pushkar Ghat Road (via) C.R.C 85 Chinnavantana, Branch road no. 1 NH 16 Ravulapalem to komaraju Lanka Road 85 Branch Road No. II Janakammaravi Road to NH 16 (kapulakalyana Mandapam) from Km 0.000 to 6.450 in East Godavari District C) Janakammavari - Ravulapalem Road (via) kaulakalyana Mandapam 85 Ailakshimi Punta from km 0.000 to 6.500 in East Godavari District. vide L.S. Agreement pending disposal of the Writ No.79/2022-2023, dt.31.03.2023, forthwith. Petition and pass 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 may be pleased to permit the petitioner to amend the bill amount as SRS.J W.P.No.6780 of 2024 Rs.7,04,96,060/- instead of Rs.38,94,721/- and Agreement Number as L.S. Agreement C.R.No.74/2022-2023, Dt. 31,03.2023 instead of L.S Agreement No.79/2022-2023, dt. 31.03.2023 in the Main Prayer and LA prayer and to pass lA NO: 2 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 may be pleased to grant W.P.No.6780/2024 and pass leave to file the Counter affidavit in Counsel for the Petitioner: 1.SURESH KUMAR REDDY KALAVA Counsel for the Respondent(S): 1.GP FOR ROADS BUILDINGS 2.GP FOR FINANCE PLANNING (AP) The Court made the following: :: ORDER:: The above writ petition has been filed to declare the action of respondents 3 and 4 in withholding the amount of Rs.7,04,96,060/- concerning the work done by the petitioner i.e. (a) Gopalapuram - Ganti Road (via) M.V. Padu from km 0.00 to 4.725, (b) Km 0/4 of Janakammaravi Road to Pushkar Ghat Road (via) C.R.C & Chinnavantana, Branch road No.1 NH 16 Ravulapalem to Komaraju Lanka Road & Branch road No.II Janakammaravi road to NH 16 (Kapulakalyana Madapam) from km 0.000 to 6.450 in East Godavari District and (c) Janakammavari - Ravulapalem Road (via) Kapulakalyana Mandapam & Adilakshmi Punta from km 0.000 to 6.500 in East Godavari District, in pursuance of agreement in C.R.No.74/2022-2023, dated 31.03.2023, is illegal and arbitrary. Page 4 of 6 SRS,J W.P.No.6780 of 2024 Heard Sri Anand Surya, learned counsel representing Sri Suresh Kumar Reddy Kaiva, learned counsel for the petitioner and Sri Rasheed, learned Assistant Government Pleader for Roads & Buildings, appeared for respondents 1 to 4 and learned Assistant Government Pleader for Finance appeared for respondent No.5. 2. A counter affidavit was filed on behalf of respondent No.4. In para No.6 of the counter affidavit, it was contended as follows; 3. “It is submitted that the a payment of Rs.7,04,96,060/- vide 1 and part bill was not paid to the petitioner, because the bills were pending due to LOG requirement. The bills will be released as and when the LOG from the Finance Department of the Government is released.” Thus, as seen from the averments made in the counter affidavit filed on behalf of respondent No.4, there is no dispute regarding the petitioner’s execution of work and entitlement to payment. Since there is no dispute regarding the petitioner’s entitlement, the writ petition is maintainable. In M/s Utkal Highways Engineers and Contractors v. Chief General Manager & Ors. (In SLP (C) No. 14350/2022) it was held at Para No.8 as under: 4. “Be that as it may, the High court has not dealt with the merits of the writ petition. Moreover, it is not an inviolable rule that no money claim can be adjudicated upon in exercise of writ jurisdiction. Non-payment of admitted dues, inter alia, may be considered an arbitrary action on the part of respondents and for claiming the same, a writ petition may lie.” Given the facts and circumstances of the case, the Writ Petition is disposed of at the admission stage with the consent of both the learned directing the respondents 3 to 5 to pay an amount of Rs.7,04,96,060/- to the petitioner regarding the execution of aforementioned 5. counsel SRS,J W.P.No.6780 of 2024 work, within six (06) months from the date of receipt of the copy of the order. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- J. SAROJA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Roads and Buildings Department, State of Andhra Pardesh, Secretariat Buildings, Velagapudi, Amaravathi. The Chief Engineer(R & B), NH and CRF, Vijayawada. The Superintending Engineer, R & B Circle, Kakinada. The Executive Engineer, R& B Division, Amalapuram. The Principal Secretary, Department of Finance and Planning, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. One CC to Sri Suresh Kumar Reddy Kalava, Advocate [OPUC] Two CCs to GP for Roads & Buildings, High Court of Andhra Pradesh [OUT] Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh [OUT] Two CD Copies 2. 3. 4. 5. 6. 7. 8. 9. ssb HIGH COURT DATED:03/07/2025 ORDER WP No.6780 OF 2024 DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS