Extracted from the PDF above. The PDF is authoritative.
APHC010333892024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY ,THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 17050/2024 Between: D. Tej Deep, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
1. P HEMACHANDRA Counsel for the Respondent(S):
1. GP FOR ROADS BUILDINGS
2. GP FOR FINANCE PLANNING The Court made the following order: The above writ petition is filed to declare the inaction of the respondents in releasing the admitted bill of Rs.24,63,568.60 paise payable to the petitioner for the work executed i.e. ‘urgent repairs at Km 50/6-8 and 50/8-10 at NH 71 of Madanapalli – Naidupeta road due to heavy rains in the State of A.P., in YSR District’, as illegal and arbitrary. 2. Heard Sri N. Mani Kanta, learned counsel for the petitioner; Sri Shaik Abdul Rasheed, learned Assistant Government Pleader for Roads and Buildings, for respondents 1 and 2 and Smt. Naga Chandrika, learned Assistant Government Pleader for respondent No.3. Page 2 of 4
SRS,J
W.P.No.17050 of 2024
3. Learned counsel for the petitioner would submit that, in pursuance of agreement No.81/2021-22 dated 04.04.2022, entered into by respondent No.2 with the petitioner, the petitioner was entrusted with the aforementioned work. The petitioner completed the said work, and the authorities have confirmed the execution of the work. The bill was uploaded in the CFMS portal vide No.2023/2678770 (new 2024-165054). However, the amount was not paid. 4. The writ petition was listed on 01.04.2025. Since no counter-affidavit was filed, this Court passed a conditional order for the appearance of the officer. 5. Today, when the matter is listed, Sri O. Nagaraju, learned Deputy Executive Engineer (R & B), NS Sub-Division, Tirupathi, appeared and submitted instructions vide Lr.No.17050 of 2024/A2/2024 dated 14.10.2024, wherein it is stated as under:
“It is respectfully submitted that the work namely “Urgent Repairs at km 50/6-8 &50/8-10 of NH-71 Madanapalli-Naidupeta Rao Due to Heavy Rain in the state of A.P.” was administratively sanctioned for Rs.32.00 lakhs under OR grant and entrusted to Sri D. TejDeep on tender basis @ (-) 22.99% less over the estimate rates. The contractor has completed the work in all respects by 28.02.2022.
Afterwards LS 1st & Final bill was uploaded in CFMS website Dt.13.03.2024 for Rs.24,63,568/- under the head of account “3054-01-337-12-06-270-272” vide Token No.2024- 165054 and transmitted to the Assistant Pay and Accounts Office (W & P) Pulivendula for making payment. Due to the delay in payment the contractor has approached the Hon’be High Court for above works vide Writ Petition No.17050/2024 for payment of above work. At present the bill is in CFMS showing that waiting for fund clearance at finance department. Therefore, it is to submit that whenever the Government releases the amount immediately it will be credited to the account.”
SRS,J
W.P.No.17050 of 2024
6. Thus, a perusal of the instructions of the Executive Engineer (R & B), would manifest completion of work and uploading of the final bill in the CFMS portal on 13.03.2024. 7. At this juncture, the learned Assistant Government Pleader for Finance would submit that the final bill uploaded on the CFMS portal has elapsed by
31.03.2025. 8. Since there is no dispute regarding the petitioner’s entitlement for the above mentioned work, this writ petition is disposed of at the admission stage with the consent of learned counsel on either side, directing respondents 1 and 2 to re-upload the bills about the aforementioned work executed by the petitioner, within four weeks from today. Thereafter, respondent No.3 shall ensure payment of the amount to the petitioner as per his entitlement, within three months. No costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 08.04.2025 IKN
SRS,J
W.P.No.17050 of 2024
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THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION NO:17050 of 2024
Date: 08.04.2025 IKN