APHC010396262024 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: 20250/2024 Between: 1. C V NARAYANA REDDY, S/O.C.P. VEERA REDDY, AGED ABOUT 45 YEARS, R/O. FLAT NO. 101, BRINDAVAN ARCADE, SAPTAGIRI COLONY, A. CAMP, KURNOOL, KURNOOL DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, 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. THE SUPERINTENDING ENGINEER, R AND B DEPARTMENT, R AND B CIRCLE KURNOOL, KURNOOL DISTRICT 4. THE EXECUTIVE ENGINEER, R AND B DIVISION, NANDYAL, KURNOOL DISTRIC ...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 particularly one in the nature Writ of Mandamus, declaring the action of the respondents in not paying the admitted bills for the Construction of Shadikhana at Atmakur mandal in Kurnool District of Rs. 7,08,438/- towards 2 part bill and the cost incurred for Completion of Shadikana at Atmakur in Kurnool District of Rs. 21,98,788/- towards final bill, vide agreements dated 31.12.2018 entered with the 3rd respondent, 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 of 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 to direct the respondents to forthwith process and release the pending bills for the Construction of Shadikhana at Atmakur mandal in Kurnool District of Rs. 7,08,438/- towards part bill and the cost incurred for Completion of Shadikana at Atmakur in Kurnool District of Rs. 21,98,788/- towards final bill ,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. 2. The above writ petition is filed to declare the respondents' action of not paying the admitted bills for the construction of Shadikana at Atmakur Mandal in Kurnool District, Rs.7,08,438/- towards the part bill and the cost incurred for completion of Shadikana and Rs.21,98,788/- towards the final bill, as per the agreements dated 31.12.2018, illegal and arbitrary. 3 3. The 3rd respondent sanctioned works for the construction of Shadikana at Atmakur Mandal, Kurnool District. Two separate agreements dated 31.12.2018 were entered. The petitioner completed the works, and part payment was paid. Balance amount of Rs.7,08,438/- and Rs.21.98.788/- is still pending. The MPDO and Executive Engineer verified the works, and the MPDO submitted bills. Despite the same, the bills have not been paid. 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, learned Assistant Government Pleader submitted instructions of the Executive Engineer, (R&B) Division, Nandyal vide Lr.Rc.No.Court Case/WP.No.20250/2024/Supdt/EERBNDL/2024-25, dated 24.03.2025. The operative portion of the instructions extracted hereunder: “In this connection, I submit that, the work “Construction of Shadikana at Atmakur mandal in Kurnool district was sanctioned for Rs.100.00 lakhs and the work completion of Shadikana at Atmakur in Kurnool was sanctioned for Rs.100.00 lakhs and both works were entrusted to Sri.C.V.Narayana Reddy, S/o C.P.Veera Reddy, R/O Flat No.101, Brindavan Arcade, Sapthagiri colony, A.Camp, Kurnool district vide Cr.Agt.No.79/2018-19, dated 31.12.2018 and the fixed for its completion by 30.09.2019. The contractor has completed the above works in all respects within extended period dated 31.12.2023, for the above (02) works and paid (03) part bills to a tune of Rs.162,63,211/- during the work is in progress and after completion of the work Ls 4yh & part bill for Rs.7,08,438/- & 21,98,788/- were submitted MPDO, MPP Atmakur and the same were approved in CFMS (Phase-II) vide token no.2024- 513109 & 2024-512773, dt.27.3.2024. At present the bills are waiting for fund clearance.” 4 6. In respect of the construction of Shadikhana at Atmakur, Kurnool District, the amount payable is Rs.7,08,438/-. In respect of completion of Shadikhana at Atmakur Mandal, Kurnool District, the net amount payable is Rs.21,98,788/-. Both the amounts were approved on 27.03.2024 and are waiting for fund clearance. 7. 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 agreements. Since there is no dispute regarding payments writ petition under Article 226 of the Constitution of India is maintainable. 8. 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.7,08,438/- towards part bill and Rs.21,98,788/- towards final bill 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 5 183 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 20250 of 2024 Date: 25.03.2025 SNI