APHC010278892024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY ,THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 13935/2024 Between: Njr Constructions Pvt Ltd ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. SODUM ANVESHA Counsel for the Respondent(S): 1. GP FOR ROADS BUILDINGS 2. GP FOR REVENUE 3. GP FOR FINANCE PLANNING The Court made the following ORDER: Heard Ch.Bhargav, learned counsel representing Smt.Sodum Anvesha, learned counsel for the petitioner, Sri Abdul Rasheed, learned Assistant Government Pleader for Roads & Buildings for respondents 1 to 4, learned Assistant Government Pleader for Revenue for respondents 5 and 6 and Smt.Naga Chandrika, learned Assistant Government Pleader for 4th respondent. 2. The above writ petition is filed to declare the inaction of respondents in making payments of first and Part bill for an amount of Rs.65.00 lakhs 2 concerning construction of new office building for newly created Badvel Revenue Division in YSR Kadapa District, in pursuance of Agreement No.70/2023-24, dated 08.08.2023, as illegal and arbitrary. 3. Learned counsel for the petitioner would submit that the 5th respondent vide G.O.Rt.No.800 dated 22.12.2021 accorded Administrative Sanction for an amount of Rs.6.00 crores for the construction of a new office building for the newly created Badvel Revenue Division in YSR Kadapa District. The 3rd respondent issued notice informing tenders, and the petitioner’s bid was accepted. The 3rd respondent communicated a letter of acceptance vide letter dated 18.08.2023. An Agreement bearing No.70/2023-24 dated 08.08.2023 has been entered into. The construction of the building was completed up to the plinth level, columns raised below the roof slab, and the tie beam and Sabha Bhavan footings were completed. The 4th respondent and other officials recorded the works in M-Book. As per the entries made by the 4th respondent, the petitioner executed a work to a tune of Rs.54,20,397.57 paise. The respondents 3 and 4 submitted the first and Part bill for Rs.65.00 lakhs. However, the amount has not been paid so far. 3. A counter-affidavit was filed by the 3rd respondent. In Para 4 of the counter-affidavit, it was contended as follows: “It is submitted that the work was completed upto plinth level and columns raised below roof slab and in sabhabavan footings completed and columns raised below tie beam. The value of work done so far is Rs.66,86,773.47 paise but because of pending approval of some deviations in the executed items (Rs.12,66,375/-) only quantities approved in the agreement were taken for 1st and part bill excluding the excess quantities done over the agreement quantities were submitted in R&B Division, Kadapa on 04.01.2024, vide bill No.514/2023-24 for Rs.54,20,398/-.” It was further contended in Paras 5 to 7 that the available budget for the aforementioned work was only Rs.22,71,351/- and the same was generated in the CFMS portal, and due to insufficient funds, the same could not be 3 uploaded in the NIDHI portal. The Chief-Engineer (R&B) BLDGS & RSW, RR, Nabard & LWE, Vijayawada, addressed a letter to the Principal Secretary to Government T(R&B) Department, Amaravati, for the release of Rs.65.00 lakhs under the Head of Account “4070-00-8---11-15-530-531” under DDO code (1201-2602-002) to the Executive Engineer (R&B) Kadapa to make payment to the work done. 4. Thus, as seen from the averments in the counter-affidavit, there is no dispute regarding the petitioner’s entitlement for Rs.54,20,398/-. Since there is no dispute regarding the petitioner’s entitlement, a writ petition is maintainable. In M/s Utkal Highways Engineers and Contractors vs. Chief General Manager & Ors. (In SLP (C) No.14350/2022) it was held at Para No.8 as under: “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.” 5. Given the facts and circumstances of the case, the writ petition is disposed of, at the admission stage with the consent of learned counsel on either side, directing the respondents 1 to 4 and 7 to release the amount of Rs.54,20,398/- concerning the aforementioned work to the petitioner within two (2) months from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Dated 08.05.2025 KA 4 197 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 13935/2024 Dated 08.05.2025 KA