APHC010322592024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY ,THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 16405/2024 Between: M/s Kmr Constructions, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. RAMALAKSHMANA REDDY SANEPALLI Counsel for the Respondent(S): 1. GP FOR ROADS BUILDINGS 2. GP FOR FINANCE PLANNING The Court made the following ORDER: Heard Sri Ramalakshmana Reddy Sanepalli, learned counsel for the petitioner, Sr Y.Balaji, learned Government Pleader for Roads & Buildings for respondents 1, 3 to 5 and Sri Naga Chaitanya, learned Assistant Government Pleader for Finance for the 2nd respondent. 2. The above writ petition is filed to declare the inaction of respondent in payment of dues of Rs.13,74,194/- about the work of “dismantling of structures from Km 13/3 to 14/7 of Khajipeta-Kamalapuram road under the main work of improvements to Road from 13/3 to 16/5 of Khajipeta – Kamalapuram road in YSR Kadapa District, as illegal and arbitrary. 2 3. An administrative sanction was granted vide G.O.Rt.No.318 TR&B(RII) Department, dated 26.02.2014 for dismantling of structures from Km 13/3 to 14/7 of Khajipeta-Kamalapuram road by the 3rd respondent-Superintending Engineer, R&B, Kadapa. 4, An agreement vide C.R.Agreement No.80/2016-17 (Ex.P.1) was entered into by the petitioner and the 3rd respondent. The site for the work was handed over to the petitioner as seen from the certificate dated 03.11.2016. The petitioner completed the work, however, the amount was not paid. Hence, the writ petition. 5. The writ petition was listed on 31.07.2024 and thereafter underwent six adjournments. Neither the instructions nor the counter-affidavit was filed. When the writ petition was listed on 18.03.2025, this Court passed a conditional order. Accordingly, the instructions of Executive Engineer (FAC) (R&B) Division, Proddatur vide Letter No.WP No.16405/2024/A3/PDTR/2024, dated 21.03.2025 are placed before this Court. The operative portion of the instructions is as under: “I submit that the work “Dismantling of structures from Km 13/3 to 14/7 of Khajipeta Kamalapuram road under the main work of improvements to Road from administratively sanctioned for Rs.30.00 lakhs vide G.O.Rt.No.318 T (R&B) (RII) Dept., Dt.26.06.2014 under CORENET Plan scheme Head of Account “5054-04-MH337-GH11-SH(33)-530- 531”. The above work was entrusted to M/s KMR Constructions Rep By its Managing Partner Kuppuru Mohan Reddy S/o Subba Reddy Kuppuruvaripalli, kamalapuram Mandal YSR Kadapa District on tender basis with tender premium @ (-) 11.02% Less than the estimated contract value vide reference 2nd cited. The LS 2nd and final bill was submitted for Gross amount for Rs.14,33,457/- the same was passed on 09.08.2023. (Pass order copy enclosed). 3 Further, I submit that Administrative Sanction, Technical Sanction and Agreement were created in CFMS Ph-II module under migration. But while uploading the bill in CFMS website under the head of account “5054-04-MH337-GH11–Sh(33)-530-531” CORENET Plan scheme was not visible due to non allotment of funds in the budget. In view of the above reasons, it is submitted that soon after budget is allotted the bill will be uploaded for making payment.” 6. Thus, as seen from the instructions, there is no dispute regarding completion of work and the entitlement of the petitioner for the dues. Since there is no dispute regarding the petitioner’s entitlement, a writ petition is maintainable. 7. 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 respondent authorities to release the due amount to the petitioner concerning the aforementioned work, within three (3) months from the date of receipt of a copy of this order. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 25.03.2025 KA 4 76 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 16405/2024 Date: 25.03.2025 KA