IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) A TUESDAY, THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR R^ WRIT PETITION NO: 19254 OF 2024 Between: Lanka Rama Siva Reddy, S/o. Eswar Reddy, Age 50 years, R/o. 26-2-27, Rithvik Enclave, Backside of DRK Apartments, Andhrakesari Nellore Urban, Andhra Pradesh Nagar, ...PETITIONER AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Department of Panchayat Raj and Rural Development, Secretariat Building, Velagapudi Amaravathi, Guntur. 2. The District Collector, Nellore, SPSR Nellore District. 3. The Executive Engineer, PRI Division, Nellore, SPSR Nellore District. 4. The State of Andhra Pradesh, Rep. by its Principal Secretary Department of Finance and Planning, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 5. The Project Director, Housing Corporation, SPSR Nellore District. 6. The AP State Housing Corporation Limited (APSHCL), Vijayawada, Rep by its Managing Director. 7. The State of Andhra Pradesh, Rep by its Principal Secretary, Housing Department, Secretariat Building, Velagapudi, Amaravathi. (RR 5 to 7 are impleaded as per the Court's Order dt11.12.2024. In I.A.No.02 of 2024) ...RESPONDENTS praying that in the circumstances stated in the affidavit filed therewith, the High Court may Petition under Article 226 of the Constitution of India be pleased to issue an appropriate Writ Order or direction more particularly in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the payments of pending amounts of Rs 14,90,355/- Fourteen Lakhs ,Ninety Thousand Three Hundred and Fifteen Rupees only) even after finalizing the bills payable to the petitioner in relation to the work I Formation Of Internal gravel roads to NPi Layout at Indukuripeta Bit-1 of Indukuripeta (M) Agreement No /2022-23 Dated 29.03.2023,(Rs.9,88,201/-),II Formation of Approach road to NPI Layout at Indukurupeta Bit-1 of Indukuripeta (m). Agreement no /22-23 Dated 29.03.2023,(Rs. 502145/-) of estimated cost of Rs 5.30 &10.43 Lakhs sanctioned vide Pro RC NO Criticalifra Committee/AM(E)/2022 dated 19. 07.2022, of the District Collector one lA 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 to direct the respondents to forthwith consider releasing amounts payable to the petitioner herein, pending disposal of the writ petition. Counsel for the Petitioner: SRI DEVASRI ROSHAN KANCHARLA Counsel for the Respondent Nos.1 to 3: GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT Counsel for the Respondent No.4: GP FOR FINANCE AND PLANNING Counsel for the Respondent Nos.5 & 6: SRI E.V.JAGANNADHA RAO, SC FOR APSHCL Counsel for the Respondent No.7: GP FOR HOUSING The Court made the following: ORDER the THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.19254 of 2024 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India for the following relief: "....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. 14,90,355/- (Fourteen Lakhs, Ninety Thousand Three Hundred and Fifteen Rupees only) even after finalizing the bills payable to the petitioner in relation to the work i.e., “I.Formation Of Internal gravel roads to NPI Layout at Indukurupeta Bit-1 of Indukurupeta (M) Agreement No. /2022-23 Dated: 29.03.2023 (Rs. 9,88,201/-), II. Formation of Approach road to NPI Layout at Indukurupeta Bit-1 of Indukurupeta (m). Agreement no. estimated cost of Rs.5.30 & 10.43 Lakhs” sanctioned vide Pro.RC.No.Criticalifra Committee/AM(E)/2022 dated 19.07.2022, of the District Collector, and to pass such other orders " 722-23 Dated: 29.03.2023 (Rs.502145/-)” of Precisely, the Writ Petition is filed aggrieved by the action of the respondents in withholding the payments of pending amounts of Rs. 14,90,355/- even after finalizing the bills payable to the petitioner in relation to the work, i.e., I.Formation of internal gravel roads to NPI Layout at Indukurupeta Bit-1 of Indukurupeta Mandal Agreement No. /2022-23 dated 29.03.2023 and the II.Formation of approach road to NPI Layout at Indukurupeta Bit-1 of Indukurupeta Mandal, agreement No. 122-23 dated 29.03.2023. 2. 2 2. The respondent has furnished proceedings, Note.No.L1/2250/2024 dated 03.01.2025, which shall form vide part of the record. It is asserted in the said proceedings in the following manner; "The District Head Housing, APSHCL, SPSR Nellore district vide Rc.No.656/Critical Infra Committee/AM (E)/2022., dated 12.12.2023 and Rc.No. 1431A/VP19254 of 24/2024/AM A, dated 10.09.2024 stated that, for the works completed by the contractor/petitioner, the Executive Engineer, PRI Division, Nellore district (the executing agency) has submitted bills amounting to Rs.20,17,090/- The DHH, SPSR Nellore has submitted a proposal to the Managing Director, APSHCL, Vijayawada for release 80% of the amount of Rs.20,17,090/- i.e., Rs. 16,13,673/- which is as per the procedure. Subject to final scrutiny, submitted that an amount of Rs. 16,13,673/- be released the DHH, SPSR Nellore for onward release payable amounts to the petitioner in this WP. of it is to of eligible Further vide lnfra/2024/General/Court Lr.No.624/APSHCL/Critical cases dated 19.10.2024, proposals have been submitted to Govt., by the Corporation for sanction of budget and release of funds by Finance Department to APSHCL for making payment of the due amounts to petitioners including the present WP.No. 19254 of 2024." 3 3. As the respondents are not disputing the execution of the work done by the petitioner and the payment due to the petitioner herein, this Court is inclined to dispose of the Writ Petition with a direction to the respondents to pay the admitted amount to the petitioner within a period of two (2) months from the date of receipt of a copy of this order, failing which, the petitioner is entitled to interest at 6% per annum from the date of Writ Petition till date of realization. There shall be no order as to costs. As a sequel thereto. Interlocutory Applications pending, if any, shall stand closed. Sd/- V SAVITRI GOWRI ASSISTANT REGISTRAR //TRUE COPY// fr SECTION OFFICER To. T The Principal Secretary, Department Development, State of Andhra Velagapudi Amaravathi, Guntur. 2. The District Collector, Nellore.SPSR Nellore District. 3. The Executive Engineer, PRI Division, Nellore, SPSR Nellore District. 4. The Principal Secretary, Department of Finance and Planning, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. of Panchayat Raj And Rural Pradesh, Secretariat Building, 5. The Project Director, Housing Corporation, SPSR Nellore District. 6. The Managing Director, (APSHCL), Vijayawada. AP State Housing Corporation Limited 7. The Principal Secretary, Housing Department Secretariat Building, Velagapudi, Amaravathi. 8. One CC to Sri Devasri Roshan Kancharla 9. One CC to Sri E.V. Jagannadha Rao, State of Andhra Pradesh, Advocate [OPUC] SC forAPSHCL[OPUC] 10. Two CCs to GP for Panchayat Raj & Rural Development, High Court of Andhra Pradesh. [OUT] 11. Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh. [OUT] 12. Two CCs to GP for Housing, High Court of Andhra Pradesh. [OUT] 13. Three CD Copies. ssb HIGH COURT DATED:07/01/2025 ORDER WP.No.19254 of 2024 ycr 5 1 § mar 2025 ^ Current Section ^ ^ DISPOSING OF THE W.P. WITHOUT COSTS