APHC010349612024 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: 17951/2024 Between: 1. M/S. PAIDALA THIRUPATHI REDDY AND BROTHERS, ., REP.BY.ITS MANAGING PARTNER, P.THIRUPATHI REDDY S/O. JAYARAMI REDDY, AGE- 50 YEARS, D/O. 1-1226-A, NEAR VINAYAKA TEMPLE,BANGLA THOTA , NAWABPET, NELLORE , ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP- BY ITS PRINCIPAL SECRETARY, ROADS AND BUILDINGS(RANDB) DEPORTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR. 2. THE SUPERINTENDING ENGINEERRANDB, DEPARTMENT OF ROADS AND BUILDINGS (RANDB), RANDB CIRCLE, KURNOOL DISTRICT. 3. THE EXECUTIVE ENGINEERRANDB, ROADS AND BUILDINGS DIVISION ADONI, KURNOOL DISTRICT. 4. THE CHIEF ENGINEER RANDB, NH AND CRF, VIJAYAWADA. 5. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. ...RESPONDENT(S): SRS,J W.P.No.17951 of 2024 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 an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the payments of pending amounts of Rs. 11,81,13,488/- ( Eleven Crores Eighty One Lakhs, Thirteen Thousand, Four Hundred And Eighty Eight Rupees only) ,even after finalizing the bills payable to the petitioner in relation to the works i.e.I. Special repairs to adoni municipal limits to GTB roads (via) Doddanageri-Jalamanchi Km.0/0 to 14/2 in Kurnool District.(working reach Km 7/0 to 8/0 and 11/4 to 14/2). Agreement no. 85 /2020-21, Dated 19.11.2020,II.Special repairs to kosigi-Mallapalli road from Km.0/0 to 9/2 in Kurnool District, III. Spicial Repairs to Snkesula-Naguladinne road from Km.22/0 to 32/0 in Kurnool District,IV.Special repairs to yemmiganur- malapalli-Kosigi road to chetnehalli road from km 0/0 to 18/176 in Kurnool District IA NO: 1 OF 2024 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 this Hon'ble Court may be pleased to direct the respondents to forthwith consider releasing the amounts payable to the petitioner herein, pending disposal of the writ petition 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 assailing the action of respondent authorities, in withholding the amount of Rs.11,81,13,488/-, despite SRS,J W.P.No.17951 of 2024 completion of works by the petitioner i.e. (1) Special repairs to Adoni Municipal limits to GTB road (via) Doddanageri – Jalamanchi Km 0/0 to 14/2 in Kurnool district (Working reach Km 7/0 to 8/0 and 11/4 to 14/2, (2) Special repairs to Kosigi – Mallapalli road from Km 0/0 to 9/2 in Kurnool District, (3) Special repairs to Yemmiganur Malapalli – Kosigi road to Chetnehalli road from 0/0 to 18/176 in Kurnool District and (4) Special repairs to Sunkesula – Naguladinne road from Km 22/0 to 32/0 in Kurnool District, is illegal and arbitrary. 2. Heard Sri Ch. Venkat, learned counsel for the petitioner and learned Assistant Government Pleader for R & B appeared for respondents 1 to 4 and Smt. Naga Chandrika, learned Assistant Government Pleader for Finance, appeared for respondent No.5. 3. Learned counsel for the petitioner would submit that four agreements were entered into between the petitioner and respondent No.2 concerning the aforementioned works. The petitioner completed the said works. However, the amount was not paid. 4. A counter affidavit was filed on behalf of respondent No.3. In para No.4, it was stated that all the works were executed, and bills were uploaded in the CFMS portal and are awaiting fund clearance. 5. At this juncture, the learned Assistant Government Pleader for Finance would submit that since the amount was not paid before 31.03.2025, the CFMS bill ID has expired. 6. Given the facts and circumstances of the case and since there is no dispute regarding entitlement of the petitioner qua the amount concerning execution of the aforementioned work, the Writ Petition is disposed of at the admission stage with the consent of both the learned counsel, directing respondents 2 to 4 to upload the bills regarding the work executed by the petitioner, within one (01) month from today. After uploading the bills, SRS,J W.P.No.17951 of 2024 respondent No.5 shall ensure the release of the amount to the petitioner within three months thereafter. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date : 08.04.2025 TVN SRS,J W.P.No.17951 of 2024 198 THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.17951 OF 2024 Date : 08.04.2025 TVN