APHC010405342024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY, THE FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 20807/2024 Between: 1. SRI M HARSHAVARDHAN REDDY, S/O VEERANARAYANA REDDY AGED BOUT 46 YEARS, R/O H.NO.2/46-B, ANKALAMMAGUDDURU VILLAGE, SIMHADRIPURAM MANDAL, YSR DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, ROADS AND BUILDINGS DEPARTMENT A.P SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, A.P SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 3. THE EXECUTIVE ENGINEER, ROADS AND BUILDINGS, APRDC DIVISION, KURNOOL, KURNOOL DISTRICT. 4. THE PAY AND ACCOUNTS OFFICER, WORK AND ACCOUNTS DEPARTMENT, 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 issue Writ, Order or direction more particularly one in the Nature of Writ of Mandamus declaring the action of the respondents in not releasing the admitted contract bill amount of Rs.21,91,830/- lakhs for the work executed SRS,J W.P.No.20807 of 2024 by the petitioner under the Urgent repairs to damaged culvert in Km 43/6-8 and providing W-beam crass barrier from Km 94/6 to 97/0 of NH-340-C of Kurnool-Guntur road in Nandyal District through the agreement No.33/2022- 23 dt.20.02.2023 and with 6percent interest per annum is illegal, arbitrary and contrary to law and constitution and in violation of Article 14 of the Constitution of India and consequently direct the respondent authorities to release the un admitted contract bill amount of Rs.21,91,830/- lakhs with 6percent interest per annum to the petitioner in respect of the execution of aforementioned works forthwith and to 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 pleased to direct the respondent authorities to release the admitted contract bill amount of Rs.21,91,830/- lakhs with interest at 6% for the works executed by the petitioner under the “Urgent repairs to damaged culvert in Km 43/6-8 and providing W-beam crass barrier from Km 94/6 to 97/0 of NH- 340-C of Kurnool-Guntur road in Nandyal District” through the agreement No.33/2022-23 dt.20.02.2023 forthwith, pending disposal of the Writ petition and pass Counsel for the Petitioner: 1. GNANESWARA RAO MITTIREDDI 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 not releasing the contract bill for an amount of Rs.21,91,830/- to the work done by the petitioner i.e. Urgent repairs to damaged culvert in Km 43/6-8 and providing W-beam crass barrier from Km 94/6 to 97/0 of NH-340-C SRS,J W.P.No.20807 of 2024 of Kurnool-Guntur road in Nandyal District of Andhra Pradesh, in pursuance of agreement No.33/2022-23, dated 20.02.2023, is illegal and arbitrary. 2. Heard Sri M. Gnaneswara Rao, learned counsel for the petitioner and Sri Y. Balaji, learned Government Pleader for R & B, appeared for respondents 1 & 3 and learned Assistant Government Pleader for Finance appeared for respondents 2 & 4. 3. An agreement was entered into between the petitioner and respondent No.3 vide agreement No.33/2022-23, dated 20.02.2023, for the aforementioned work, wherein the estimated amount is of Rs.25,00,000/-, the estimated contract value is of Rs.20,13,529/- and the agreement value is of Rs.21,13,199/-. The petitioner executed the work, and respondent No.3 measured the work and entered the same in the measurement book on 20.07.2023, mentioning that the amount payable to the petitioner is Rs.21,91,830/-, after statutory deductions. However, the amount was not paid. 4. Learned Government Pleader submitted the instructions of respondent No.3 dated 29.03.2025, wherein the relevant portion is extracted herewith: “In this connection, it is to submit that the work of ; “Urgent repairs to damaged culvert in Km.43/6-8 and providing W- beam crass barrier from Km.94/6 to 97/0 of NH 340C of Kurnool- Guntur road in Nandyal District” with an Estimated cost of Rs.25.00 Lakhs was entrusted to Sri.M.Harshavardhan Reddy, S/o.Veeranarayana Reddy, Simhadripuram Mandal, YSR District vide Agt.No.33/2022-23, dt.20.02.2023 by the Executive Engineer (R&B) APRDC Division, Kurnool. The work bill was scrutinized LS CC Ist & Final for gross amount of Rs.24,58,726/- net amount of Rs.21,91,830/- pass order was made by this office on 20.07.2023 and bill was submitted to the Pay & Accts. Officer, Kurnool for payment. The same was approved by the Pay & SRS,J W.P.No.20807 of 2024 Accts.officer, Kurnool vide CFMS Token No.2023-2691680 migrated to F.Y.2024-25 vide Token No.2024-165606 and “Bill waiting for fund clearance”. 5. Thus, as seen from the instructions of respondent No.3, there is no dispute regarding completion of work and the entitlement of the petitioner for an amount of Rs.21,91,830/-. 6. Since there is no dispute regarding the petitioner’s entitlement, the writ petition is maintainable. In M/s Utkal Highways Engineers and Contractors v. Chief General Manager & Ors. (In SLP (C) No.14350/2022) it was held at Para No.8 as under: “Be that as it may, the High court has not dealt with the merits of the writ petition. Moreover, it is not an inviolable rule that no money claim can be adjudicated upon in exercise of writ jurisdiction. Non-payment of admitted dues, inter alia, may be considered an arbitrary action on the part of respondents and for claiming the same, a writ petition may lie.” 7. Given the facts and circumstances of the case, the Writ Petition is disposed of, at the admission stage with the consent of both the learned counsel, directing the respondent authorities to pay an amount of Rs.21,91,830/- to the petitioner regarding execution of aforementioned work, within three (03) months from the date of 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 : 01.04.2025 TVN SRS,J W.P.No.20807 of 2024 232 THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.20807 OF 2024 Date : 01.04.2025 TVN