APHC010397962024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY, THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 20398/2024 Between: 1. M/S. PTR BROTHERS PROJECTS.,, REP.BY.LTS MANAGING PARTNER, P.THIRUPATHI REDDY S/O. JAYARAMI REDDY, AGE 50 YEARS, D/O. 1-1226-A, NEAR VINAYAKA TEMPLE.BANGLA THOTA , NAWABPET, NELLORE , ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, ROADS AND BUILDINGS(RANDB) DEPORTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR. 2. THE EXECUTIVE ENGINEERRANDB, ROADS AND BUILDINGS DIVISION KURNOOL DISTRICT. 3. THE CHIEF ENGINEER RANDB, NH AND CRF, VIJAYAWADA. 4. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR 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 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. 4,45,75,640/- ( Four SRS,J W.P.No.20398 of 2024 Crores Forty Five Lakhs, Seventy Five Thousand, Six Hundred And Fouty Rupees only) ,even after finalizing the bills payable to the petitioner in relation to the works i.e./. Improvements to the riding surface of nnnoor-ramalakota road from M 0/0 to 10/4 in Kurnool distrlct(2 call) Agreement no. /2023-24, Dated 1.2.2024, ll.Improvements to the riding surface of kodumur-veldurthy from Km 0/0 to 26/4(working reach from Km 14/5 to 16/0 and 23/0 26/4) in Kurnool District.(2nd Call). 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 consider releasing the amounts payable to the petitioner herein, pending disposal of the writ petition Counsel for the Petitioner: 1. VENKAT CHALLA Counsel for the Respondent(S): 1. GP FOR ROADS BUILDINGS 2. GP FOR FINANCE PLANNING The Court made the following: :: ORDER :: The above writ petition is filed assailing the action of respondent authorities in withholding the amount of Rs.4,45,75,640/-, despite completion of works by the petitioner i.e. (1) Improvements to the Riding Surface of Kondumur – Veldurthy from Km 0/0 to 26/4 (Working reach from Km 14/5 to 16/0 & 23/0 to 26/4) in Kurnool District (2nd Call) and (2) Improvements to the riding surface of Nannoor – Ramallakota road from Km 0/0 to 10/4 in Kurnool District. (2nd call), is illegal and arbitrary. 2. Heard Sri Ch. Venkat, learned counsel for the petitioner and learned Assistant Government Pleader for R & B, appeared for respondents 1 to 3 and SRS,J W.P.No.20398 of 2024 Smt. Naga Chandrika, learned Assistant Government Pleader for Finance, appeared for respondent No.4. 3. Learned counsel for the petitioner would submit that the petitioner and the Superintending Engineer, R & B Circle, Kurnool, entered into two separate agreements for the completion of the aforementioned works. The petitioner completed the said works. However, the amount was not paid. 4. A counter affidavit was filed on behalf of respondent No.2. In para No.5, it was stated that works were executed; the bills were uploaded in NIDHI website; the same were approved by the Pay & Accounts Office, Kurnool and are awaiting fund clearance. 5. At this juncture, the learned Assistant Government Pleader for Finance would submit that since the amount was not paid before 31.03.2025, the CFMS bill ID has expired. 6. Given the facts and circumstances of the case, and since there is no dispute regarding entitlement of the petitioner qua the bills relating to the aforementioned works, the Writ Petition is disposed of at the admission stage with the consent of both the learned counsel, directing respondents 1 to 3 to upload the bills regarding the works executed by the petitioner, within one (01) month from today. After uploading the bills, respondent No.4 shall ensure release of the amount to the petitioner, within three (03) months thereafter. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date : 08.04.2025 TVN SRS,J W.P.No.20398 of 2024 247 THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.20398 OF 2024 Date : 08.04.2025 TVN