IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE ' PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 19189 OF 2024 Between: M/s. Vengala Projects, Rep. by its Managing Partner, Vengala Chalapathi Reddy, S/o. Pedda Subba Reddy, Aged about 47 years,O/o. D. No 3-96, Madhavarayunipalli (V), A.Godugunuru(post), B.koduru (M), Kadapa District-516228 ...PETITIONER AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Social Welfare (TW Edn.1) Department Secretariat Buildings, Velagapudi, Amaravathi, Guntur District State of Andhra Pradesh, Rep. by its Principal Secretary, Finance Department, Secretariat, Velagapudi, Amaravati, Thullur Mandal, Guntur District The Collector AND District Magistrate, Visakhapatnam district The APTWREI Society, (Gurukulam) Rep. by its Vice-Chairman, Tadepalli, Guntur District The A. P Comprehensive Financial Management System (CFMS), Rep.b y its Chairman, 6th Floor, C-Block- Anjaneya Towers, Ibrahimpatnam, N.T.R District The Executive Egineer, Tribal Welfare Division, Paderu, Alluri Sitharamaraju District The Superintendent of Engineer, Tribal Welfare Division, Paderu, Alluri Sitharamaraju District The Project Officer, ITDA, Paderu, Alluri Sitharamaraju District 1. 2. 3. 4. 5. 6. 7. 8. S3 ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue may a writ of mandamus or any other appropriate writ or direction declaring the Respondents actions in withholding the Rs. 73,43,195/- payment (CFMS 2024-508404) as illegal, given the completion of the works i.e. 1) Minor repairs to School block with new toilets and septic vide M.Book.No. date.22.03.2021 AND amount of Rs.10,87,161/- date. tank to APTW Residential School for girls at Paderu 9330/A/TW Pass Order amount of Rs.25,21,062/- Book.No. 5879/A/TW Pass Order 14.03.2022 2) Minor repairs to Dormitory block AND Dining construction of new septic tank at Paderu hall, toilets to vide M.Book.No. 9337/A/TW Pass Order amount of Rs.14,68,241/- date,18'.03,202r AND Book.No. 6683/A/TW Pass Order amount of Rs.4,08,769/- date.14.03.2022, 3)Minor repairs to Dormitory block. Toilets Dining hall of APTW Residential College for girls at Paderu, >vide M.Book. Junior No. 9329/A/TW Pass Order 6352/A/TW Pass even after finalizing the amount of Rs. 12,82,796/- date. 18.03.2021 AND Book.No. Order amount of Rs.5,75,166/- date.14.03.2022, bills, payable to the petitioner is questioned, as the same is illegal, arbitrary and consequently direct the respondents Rs.73,43,195/- (CFMS 2024-508404), Respondents to immediately release 73,43,195/- with an interest rate of 12% delay. to consider for payment of request the Court to direct the the withheld payment of Rs. per annum to compensate for the lA NO: 1 OF 2024 Petition under Section 151 CPC stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents to release the withheld payment of Rs. 73,43,195/- (CFMS 2024- 508404) is related to the (3) works i.e. 1)M.Book.No. praying that in the circumstances 9330/A/TW Pass Order amount of Rs.25,21,062/- date.22.03.2021 & Book.No. 5879/A/TW Pass Order 10,87,161/- date. 14.03.2022 2)M.Book.No. 9337/A/TW Pass Order of Rs.14,68,241/- date. 18.03.2021 & Book.No. 6683/A/TW Pass Order amount of Rs.4,08,769/- date. 14.03.2022, 3)M.Book.No. 9329/A/TW Pass Order amount of Rs. 12,82,796/- date. 18.03.2021 & Book.No. 6352/A/TW Pass Order amount of Rs.5,75,166/- date.14.03.2022, with a 12% interest rate for the delayed amount forthwith for the above said works executed by the petitioner pending disposal of the Writ Petition. amount of Rs. amount Counsel for the Petitioner; SRI ANNAMNEEDI BALAKRISHNA Counsel for the Respondent Nos.1,3,4, 6,7 & 8: GP FOR SOCIAL WELFARE Counsel for the Respondent Nos.2 & 5: GP FOR FINANCE & PLANNING The Court made the following: ORDER APHC010372972024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY ,THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 19189/2024 Between: ...PETITIONER M/s Vengala Projects AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.ANNAMNEEDI BALAKRISHNA Counsel for the Respondent(S): 1.GP FOR SOCIAL WELFARE 2.GP FOR FINANCE PLANNING The Court made the following: 1. The petitioner had been awarded various contract works under the scheme “Neeru Chettu” in Alluri Seetharama Raju District. After execution of the said contracts, final bills were prepared for a sum total of Rs.73,43,195/- / as per the sanctioned orders. As the payment of the said amount has not been made by the respondents, the petitioner has approached this Court by way of this writ petition. It is the contention of the petitioner that even though the respondents 2. admitted that the petitioner is entitled for payment of the aforesaid sum of money, no payment is being made. The petitioner contends that such non payment of money is clearly arbitrary and high-handed requiring the interference of this Court. This Court, in various orders, including the judgment of a learned Single 3. Judge of this Court dated 05.10.2021 in W.P.No.10038 of 2021 and batch had taken the view that such non-payment of dues is arbitrary and that such dues need to be cleared by the respondents at the earliest. On the other hand, Counter affidavit has been filed by Respondent No.6 4. while admitting about the claim of the petitioner. He would submit that, since the budget was not released by the Government, the bills were not paid to the petitioner. Soon after release of the budget by the Government, the bills will be paid to the petitioner. In view of the aforesaid directions of this Court in various cases and 5. after hearing the submissions of learned counsel for the petitioner, learned Government Pleader for Irrigation this Writ Petition is disposed of with a direction to the respondents to release the amount of Rs.73,43,195/- to the in view of the judgment of petitioner along with the interest @ 6% per the Hon’ble Division Bench of this Court in Writ Appeal No.724 of 2021 and annum batch dated 12.10.2023, within a period of six (06) weeks from the date of receipt of a copy of this order. It would also be open to the petitioner to agitate claim for higher rate of interest, if any payable by the respondents, in an appropriate forum. There shall be no order as to costs. his Miscellaneous Petitions, if any, pending in this Writ SD/-V. SAVITHRl GOWRl assistant registrar Consequently a. Petition shall stand closed. //TRUE COPY// SrctlON OFFICER To, The Prirrclpal Secretary, Social Welfare (TW Edn.1) Department State of Andhra Pradesh, Secretariat Buildings. Velagapudi, Amaravathi, ^h" Phnr“secretarv Finance Department, State of Ah^ra P^esh secretariat, Velagapudi, Amaravati, Thullur Mandal, Guntur Drstrrct District Magistrate, Visakhapatnam district APTWREI Society, (Gurukulam), Tadepalli, Guntur 1. 2 3. The Collector AND 4. The Vice-Chairman District ive Financial Management System Ibrahimpatnam, N.T.R 5. The Chairman, A. P Comprehensive 6th Floor, C-Block- Anjaneya Towers (CFMS) District 6. The Executive Engineer Sitharamaraju District 7. The Superintendent of Engineer Sitharamaraju District 8. The Project Officer, ITDA, Paderu , Tribal Welfare Division, Paderu, Alluri , Tribal Welfare Division, Paderu, Alluri , Alluri Sitharamaraju District 9. One CC to Sri Annamneedi Balakrishna, Advocate [OPUC] 10. Two CCs to GP for Social Welfare, High Court of Andhra Pradesh [OUT] 11. Two CC’s to GP for Finance and Planning, High Court of A.P. at Amaravati[OUT] 12. Three CD Copies. / ssb HIGH COURT f ft K DATEIi;06/01/2025 V. * f :*• * \ f V \ ORDER WP.No.19189 of 2024 S’ U JAN 2025 J ^ Current Section ^ DISPOSING OF THE W.P. WITHOUT COSTS