APHC010396212024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY, THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 20251/2024 Between: 1. S UDAY KUMAR, S/O.S.VIJAY RAMA RAO, AGED ABOUT 30 YEARS, R/O.H.NO.1-13, KURUKUNDA VILLAGE, ATMAKUR MANDAL, NANDYAL DISTRICT ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF ROADS AND BUILDINGS, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT 3. ANDHRA PRADESH ROAD DEVELOPMENT CORPORATION APRDC, R AND B DEPARTMENT, REP. BY ITS CHIEF ENGINEER( R AND B), STATE HIGHWAYS AND MANAGING DIRECTOR, AP STATE HOD BUILDING, BANDAR ROAD, VIJAYAWADA, NTR DISTRICT 4. THE EXECUTIVE ENGINEER, (R AND B) APRDC DIVISION, KURNOOL, KURNOOL DISTRICT ...RESPONDENT(S): 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 pleased to issue an appropriate writ, order or direction more 2 particularly one in the nature Writ of Mandamus, declaring the action of the respondents in not paying the admitted bill of Rs. 11,78,214/- towards final bill for the work of Flood damage repairs to road from Km. 141/600 to 143/600 and Km. 147/8 to 152/2 on Sangameswaram- Nandyal Road (Atmakur- Nandyal section) of NH-167K in Nandyal District in the State of Andhra Pradesh, vide agreement No.24/2023-24, dated 15.02.2024, as illegal arbitrary, violative of Article 14 and 19(g) of the Constitution of India and consequently direct the Respondents to forthwith release the payments above bill amount along with interest and pass 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 may be pleased to direct the respondents to forthwith process and release the pending bill of Rs. 11,78,214/-towards final bill for the work of Flood damage repairs to road from Km. 141/600 to 143/600 & Km. 147/8 to 152/2 on Sangameswaram- Nandyal Road (Atmakur-Nandyal section) of NH-167K in Nandyal District in the State of Andhra Pradesh, vide agreementNo.24/2023- 24,and pass Counsel for the Petitioner: 1. K NAGA PHANINDRA Counsel for the Respondent(S): 1. GP FOR ROADS BUILDINGS 2. GP FOR FINANCE PLANNING The Court made the following: ::ORDER:: Heard Sri K.Naga Phanindra, learned counsel for the petitioner; Sri Naga Chaitanya, learned Assistant Government Pleader for Finance and Planning, appeared for the 1st respondent and Sri Ch.Praveen, learned Assistant Government Pleader for Roads and Buildings, appeared for respondents 2 to 4. 3 2. The above writ petition is filed to declare the action of the respondents in not paying the admitted bill of Rs.11,78,214/- towards the final bill for the work of Flood damage repairs to the road from Km. 141/600 to 143/600 & Km. 147/8 to 152/2 on Sangameswaram – Nandyal road (Atmakur-Nandyal section) of NH-167K in Nandyal District in the State of Andhra Pradesh, as illegal and arbitrary. 3. The petitioner and 4th respondent entered into an agreement vide agreement No.24/2023-24, dated 15.02.2024 (Ex.P1) regarding the aforementioned work. The petitioner completed the work. However, the amount was not released so far, hence the writ petition. 4. The writ petition was initially listed on 17.09.2024 and underwent three adjournments. Neither instructions nor a counter-affidavit was filed. This Court, on 18.03.2025, passed a conditional order. 5. Today, when the matter is listed, the learned Assistant Government Pleader submitted instructions of the Executive Engineer, (R&B) APRDC Division, Kurnool, dated 20.03.2025. The operative portion of the instructions extracted hereunder: “Flood damage repairs to road from Km.141/600 to 143/600 & Km.147/8 to 152/2 on Sangameswaram to Nandyal road (Atmakur- Nandyal section) of NH-167K in Nandyal district in the state of Andhra Pradesh” with an estimated cost of Rs.15.85 lakhs was entrusted to Sri.S.Uday Kumar, S/o.S.Vijay Rama Rao, Contractor, Kurukunda village, Atmakur Mandal, Nandyal District. Vide Agt.No.24/2023-24 by the Executive Engineer (R&B) APRDC Division, Kurnool. The work was completed and the bill submitted LS CC 1st & Final for gross amount of Rs.15,69,910/- (Net amount of Rs.11,78,214). The bill was scrutinized and pass order was made by this office on 17.05.2024 for onward submission to Pay & Accts.officer, Kurnool for payment.” 4 6. Thus, as seen from the instructions extracted supra, there is no dispute regarding completion of work and the entitlement of the petitioner for the dues mentioned in the agreement. 7. Given the facts and circumstances of the case, the writ petition is disposed of at the admission state with the consent of learned counsel on either side, directing respondents to release the amount of Rs.11,78,214/- to the petitioner preferably within three (03) months from the date of receipt of copy of the order. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 25.03.2025 SNI 5 184 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 20251 of 2024 Date: 25.03.2025 SNI