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2025 DAILYLAW 23768 (AP)

M/S. PTR and Brothers Projects v. The State of Andhra Pradesh,

WP/17123/2024 · 2025-04-08

Subba Reddy Satti

body2025

Judgment text

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APHC010335032024 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: 17123/2024 Between: M/s. Ptr And Brothers Projects ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. VENKAT CHALLA 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 paying an amount of Rs.6,93,19,904/-, despite finalizing the bills payable to the petitioner concerning the works i.e. “I) Improvements to riding surface to Nellore-Mulmudi – Tatiparthi (Via) Gollakandukur from KM 0/0 to 6/615 in SPSR Nellore District and II) Improvements to Narayana Reddypeta – Thotapalligudur road from Km.4/000 to 9/500 in SPSR Nellore District, as illegal and arbitrary. Page 2 of 4 SRS,J W.P.No.17123 of 2024 2. Heard Sri Venkat Challa, learned counsel for the petitioner; Sri Shaik Abdul Rasheed, learned Assistant Government Pleader for Roads and Buildings, for respondents 1 to 4 and Smt. Naga Chandrika, learned Assistant Government Pleader for respondent No.5. 3. Learned counsel for the petitioner would submit that in pursuance of the agreements dated 07.02.2024 and 19.02.2024 entered into by respondent No.2 with the petitioner, the petitioner executed the works. Despite the completion of the works, the respondents failed to pay the amounts to the petitioner. 4. A counter affidavit was filed on behalf of respondent No.3. In para Nos.5 and 6 of the counter affidavit, it was averred that the petitioner completed the works on 22.03.2024 and 28.03.2024 respectively, for which final bills were processed and passed for gross amounts of Rs.3,19,02,302/- (net amount of Rs.2,88,37,018/-) and Rs.3,74,17,488/- (net amount of Rs.3,43,35,587/-), respectively. The bills were uploaded in NIDHI portal and processed to the Finance Department, vide CFMS bill I.D.Nos.2024-1361822 dated 30.08.2024 and 2024-1336187 respectively. The amount in respect of the first work was paid to the petitioner on 30.03.2025, and insofar as the second work is concerned, the bill is awaited for fund clearance. 5. At this juncture, the learned Assistant Government Pleader for Finance submitted that since the amount was not paid before 31.03.2025, the CFMS bill ID has expired. 6. Thus, the bill in respect of the first work was paid to the petitioner, and there is no dispute regarding the petitioner’s entitlement for the second work. 7. Given the facts and circumstances, this writ petition is disposed of at the admission stage with the consent of learned counsel on either side, directing SRS,J W.P.No.17123 of 2024 respondents 2 to 4 to upload the bill about the second work executed by the petitioner, within one month from today. After uploading the bill, respondent No.5 shall ensure release of the amount to the petitioner, in respect of the second work, within three months thereafter. 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.17123 of 2024 194 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO:17123 of 2024 Date: 08.04.2025 IKN