Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 2412 (AP)

M/s. Siva Sai Constructions, v. The State of Andhra Pradesh,

WP/1540/2025 · 2025-02-24

B S Bhanumathi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010002452025 IN THE HIGH COURT OF ANDHRA PRADESH Monday ,The Twenty Fourth Day of February Two Thousand and Twenty Five The Honourable Ms Justice B S Bhanumathi Writ Petition No: Between: M/s. Siva Sai Constructions, and Others The State Of Andhra Pradesh and Others Counsel for the Petitioner(s 1. K Naveen Kumar Counsel for the Respondent(s 1. GP for Irrigation Comm Area Dev 2. GP for Finance Planning The Court made the following This writ petition is filed seeking the following relief: “…to issue appropriate writ direction order or orders more particularly one in the nature of Writ of Mandamus in questioning the action of the respondents in not releasing bill payment for the work i IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) Monday ,The Twenty Fourth Day of February Two Thousand and Twenty Five Present The Honourable Ms Justice B S Bhanumathi Writ Petition No: 1540/2025 M/s. Siva Sai Constructions, and Others ...petitioner( AND The State Of Andhra Pradesh and Others ...Respondent(s) Counsel for the Petitioner(s): Counsel for the Respondent(s): Irrigation Comm Area Dev for Finance Planning The Court made the following Order: This writ petition is filed seeking the following relief: to issue appropriate writ direction order or orders more particularly one in the nature of Writ of Mandamus in questioning the action of the respondents in not releasing bill payment for the work i.e Restoration of side walls and IN THE HIGH COURT OF ANDHRA PRADESH [3311] ...petitioner(s) ...Respondent(s) to issue appropriate writ direction order or orders more particularly one in the nature of Writ of Mandamus in questioning the action of the respondents in not releasing bill e Restoration of side walls and 2 W.P.No.1540 of 2025 inspection path (low level cause way) at U.T Km 28.510 of PBC Main Canal of Puliendula Assembly Constituency in YSR District for the estimated contract value of work of Rs.56,04,152/- in respect of the bill amount of Rs.29,08,341/- for the work executed by the petitioner firm despite the claim for the payment of bill amount is raised (Token No.2024170804) as illegal arbitrary and violative of Article 14 and 21 of the Constitution of India and consequently direct the respondents to release an amount of Rs.29,08,341/- towards the bill amount for the works executed by the petitioner firm and to pass…” 02. It is the contention of the petitioners that even though the respondents admitted that the petitioners are entitled to the amounts, no payment is made. The petitioners contends that such non-payment of money is clearly arbitrary and high-handed, requiring the interference of this Court. 03. On the other hand, the learned Assistant Government Pleader for Irrigation, while admitting about the claim of the petitioners, placed on record instructions received from the Executive Engineer, P.B.C Division, Pulivendula issued vide Letter No.EE/PBC/PLVD/Supt/Court cases/94 dated 03.01.2025 and submitted that LS2 and final bill for Rs.29,08,341/- was presented to CFMS vide CFMS Token No: 2023- 22236263 and migrated no: 2024-170804 and awaiting for fund clearance. 04. In view of the submissions of the learned counsel for the petitioners and the learned Assistant Government Pleader for Irrigation, this Writ Petition is allowed with a direction to the respondents to 3 W.P.No.1540 of 2025 release the total amount of Rs.29,08,341/- (Twenty Nine Lakhs Eight Thousand Three Hundred Fourty One Rupees only) to the petitioners, within a period of two (02) months from the date of receipt of a copy of this order. However, if the petitioners is entitled to any higher amount, the same shall also be paid as per the entitlement. There shall be no order as to costs. 05. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ___________________ ___ JUSTICE B.S. BHANUMATHI Date: 24.02.2025 RSD 4 W.P.No.1540 of 2025 HON’BLE Ms. JUSTICE B.S.BHANUMATHI WRIT PETITION NO: 1540/2025 Date: 24.02.2025 RSD 5 W.P.No.1540 of 2025