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2025 DAILYLAW 21134 (AP)

S SREE RAMA KRISHNA v. THE STATE OF AP

WP/15147/2025 · 2025-08-05

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

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9 I- APHC010298582025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE SIXTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 15147 OF 2025 Between: Sri S Sree Rama Krishna, S/o. S. Achanna, Aged about 54 years, Occ: Contractor, D.No. 3-146-C-12-6, 11th Cross, Prasanth nagar, Madanapalle, Chittoor District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Roads and Buildings Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Executive Engineer, (R and B) Division, Madanapalle, Annamayya, Erstwhile Chittoor District. 3. 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 Final bill amount of Gross in Rs. 11,71,390/- in Net amount of Rs. 10,46,281/- even after finalizing the bill payable to the petitioner in relation to the work i.e., Maintenance of Corenet Roads in (R and B) Section, Madanapalle west for the year 2023-24 in Annamayya District (2nd Call) vide L.S. Agreement No 45/2023-24, dt.05.10.2023, is questioned, as the same is illegal, arbitrary and consequently direct the respondents to consider for payment of Gross in Rs. 11,71,390/- in Net amount of Rs. 10,46,281/- with interest @24% per for the delayed amount to the petitioner in respect of execution of above- mentioned work forthwith. annum 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 to direct the respondents to consider for payment of Gross in Rs. 11,71,390/-in Net amount of Rs. 10,46,281/- with interest @24% per annum for the delayed amount to the petitioner in respect of execution of work i.e., “Maintenance of Corenet Roads in (R&B) Section, Madanapalle west for the year 2023-24 in Annamayya District (2nd Call)” vide L.S. Agreement No;45/2023-24, dt.05.10.2023. Counsel for the Petitioner: SRI SURESH KUMAR REDDY KALAVA Counsel for the Respondent Nos. 1 & 2: GP FOR ROADS & BUILDINGS Counsel for the Respondent No.3: GP FOR FINANCE & PLANNING The Court made the following order: APHC010298582025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE SIXTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 15147 OF 2025 Between: 1. S SREE RAMA KRISHNA, S/o. S. Achanna, Aged about 54 years, Occ Contractor, D.No. 3-146-C-12-6, 11th Cross, Prasanth nagar, Madanapalle, Chittoor District. ...Petitioner AND 1. THE STATE OF AP, Rep. by its Principal Secretary, Roads and Buildings Department, Secretariat Buildings, Veiagapudi, Amaravathi, Guntur District. 2. The Executive Engineer, (R and B) Division, Madanapalle, Annamayya, Erstwhile Chittoor District. 3. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Finance and Planning, Secretariat Buildings, Veiagapudi, Amaravathi, Guntur District. ...Respondents Counsel for the Petitioner: SURESH KUMAR REDDY KALAVA Counsel for the Respondents: GP FOR ROADS BUILDINGS Counsel for the Respondents: GP FOR FINANCE PLANNING The Court made the following ORAL ORDER: Heard Sri Suresh Kumar Reddy Kalava, learned Counsel for the Writ Petitioner, Sri Shaik Abdul Rasheed, learned Assistant Government Pleader 2 for Roads & Buildings, Transport and Labour and Sri Panuku Rajesh Kumar, learned Assistant Government Pleader for Finance & Planning. 2. Sri Shaik Abdul Rasheed, learned Assistant Government Pleader for Roads & Buildings, Transport and Labour has drawn the attention of this Court to the Para No.6 of the Counter Affidavit filed by the Respondent No.2, which is usefully extracted hereunder; “6) It is submitted that this office has passed the L.S 1^* & final bill for a Gross amount of Rs.11,71,390/- and Net amount Payable to the Contracting Agency for Rs.10,46,281/- (on 06.12.2024) and Bill no.2025-9098739 submitted to APAO Chittoor and approved on 18.07.2025 and the bill are awaited for funds.” 3. The above contents would indicate that net amount payable to the Writ Petitioner is Rs.10,46,281/-. Learned Counsel for the Writ Petitioner does not dispute this amount. Accordingly, there shall be a direction to all the Respondents to complete the entire administrative process. Inter departmental and Intra-departmental, within a period of eight weeks from today and transfer the amount to the account of the Writ Petitioner within six weeks thereafter. Writ Petitioner is directed to submit the bank details to the competent authority within four weeks from today for effectingsuch transfer. 4. With these observations and directions, this Writ Petition stands allowed. No order as to costs. 5. Interlocutory Applications, if any, stand closed in terms of this order. Sd/- G. HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Roads and Buildings Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. The Executive Engineer, (R and B) Division, Madanapalle, Annamayya, Erstwhile Chittoor District. The Principal Secretary, Department of Finance and Planning, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. 3. 4. One CC to Sri Suresh Kumar Reddy Kalava Advocate [OPUC] 5. Two CCs to GP for Roads & Buildings High Court of Andhra Pradesh [OUT] 6. Two CCs to GP for Finance & Planning High Court of Andhra Pradesh [OUT] 7. Two CD Copies TF HIGH COURT DATED:06/08/2025 ORDER WP NO. 15147 OF 2025 5^ 19 SEP 2025 J|) ALLOWING THE W.P. WITHOUT COSTS