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2025 DAILYLAW 27534 (AP)

M/S ACCESS LIVELIHOODS CONSULTING INDIA LTD v. THE STATE OF ANDHRA PRADESH

WP/21355/2023 · 2025-06-17

Subba Reddy Satti

body2025

Judgment text

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APHC010390962023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY ,THE EIGHTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 21355/2023 Between: M/s Access Livelihoods Consulting India Ltd ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. S PARINEETA Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING 2. GP FOR TOURISM(AP) The Court made the following order: The above writ petition is filed to declare the action of respondent No.3 in not releasing the amount of Rs.24,84,225/- payable to the petitioner concerning the execution of work, as per the agreement, dated 15.12.2017, as illegal and arbitrary. 2. In the affidavit, it was contended that the petitioner was entrusted with the Government contract work with an approved budget of Rs.71,95,000/- for execution of projects like orientation of village communities, training for SRS,J W.P.No.21355 of 2023 villagers, designing and curation of villagers, infrastructure enhancement, accommodation and marketing & promotion. The petitioner executed the said works. However, the final amount of Rs.24,84,225/- has not been released so far. 3. A counter affidavit was filed on behalf of respondent No.3. In paras 9, 11 and 12, while not disputing regarding the petitioner’s entitlement for the bill amounts of Rs.6,31,300/-, Rs.9,66,420/- and Rs.8,86,505/- totaling to Rs.24,84,225/-, it was contended in para No.15 of the counter affidavit, that an amount of Rs.5,00,000/-was released to the petitioner’s firm as mobilization advance to ensure timely and complete execution of the project and since the project remains incomplete, the balance mobilization advance is liable to be recovered from the pending bills. 4. The petitioner has not filed any reply to the said averment in the counter-affidavit. A writ petition claiming an undisputed amount is maintainable. 5. At this juncture, learned counsel for the petitioner would submit that the petitioner is not disputing the Rs.5,00,000/- advance as pleaded in the counter affidavit. In the counter affidavit, it was further pleaded that the advance amount paid to the petitioner was deducted at 10% from each running bill. Thus, the petitioner is entitled to the balance amount payable. In fact, bills were also uploaded in the CFMS portal as per the averments in the counter affidavit. 6. Given the averments in the counter affidavit, since there is no dispute regarding the petitioner’s entitlement this writ petition is disposed of, at the admission stage with the consent of learned counsel on either side, directing respondents 2 and 3 to release the amount payable to the petitioner, SRS,J W.P.No.21355 of 2023 concerning the execution of the aforementioned work, within two months from the receipt of a copy of the order. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 18.06.2025 IKN SRS,J W.P.No.21355 of 2023 64 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 21355 of 2023 Date: 18.06.2025 IKN