APHC010416602023 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: 22086/2023 Between: Jutur Ramamohana Reddy, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. DASARI S V V S V PRASAD Counsel for the Respondent(S): 1. GP FOR ROADS BUILDINGS 2. GP FOR FINANCE PLANNING The Court made the following ORDER: Heard Sri Dasari V V S V Prasad, learned counsel for the petitioner, Sr Y.Balaji, learned Government Pleader for Roads & Buildings for respondents 1, 3 and 4, and Sri Naga Chaitanya, learned Assistant Government Pleader for Finance for the 2nd respondent. 2. The above writ petition is filed to declare the inaction of respondents in releasing the balance amount for the contract works executed by the petitioner i.e. Annual Maintenance of newly declared NH-716G from Km 120/300 to 2 153/880 in Satyasai District, Andhra Pradesh for the year 2022-23, for an amount of Rs.12,61,207/-, as illegal and arbitrary. 3. (a) In pursuance of a tender, the petitioner participated and emerged as a successful bidder for the work “Annual maintenance of newly declared NH- 716G from Km 120/300 to 153/880 in Satyasai District, Andhra Pradesh for the year 2022-23. An agreement vide No.10/2022-23 (Ex.P.1) was entered and signed by the petitioner as well as the 3rd respondent. (b) The petitioner executed and completed the work under the supervision of the respondent authorities. The respondents noted the works in M-Book. The 3rd respondent - Executive Engineer, R&B Department, NH Division, Ananthapuramu prepared a final bill for Rs.12,61,207/- (Ex.P.5) on 26.02.2023. However, the said amount was not paid. Hence, the writ petition. 4. The writ petition was initially listed on 23.08.2023 and underwent four adjournments. Neither a counter-affidavit was filed nor instructions were placed before this court. On 18.03.2025 this court passed a conditional order. 5. Today, when the matter is listed, the learned Assistant Government Pleader submitted instructions of the Executive Engineer vide Lr.No.WP No.22086 of 2023/NH-716G Maintenance/2023-24, dated 12.03.2025. The operative portion of the instructions is extracted hereunder: “In this connection, it is submitted that, tenders the work of “Annual maintenance of newly declared NH-716G from Km 120/300 to 153/880 in Sri Satyasai District in the State of Andhra Pradesh for the year 2022- 23” has been awarded to Sri Jutur Rama Mohan Reddy, S/o J.Basi Reddy, Gunipalli (V), Bukkapatnam (M), Anantapuramu for an amount of Rs.11,94,096/- at 13.67% less than the Estimate Contract Value of Rs.13,83,176/-. The contractor executed the work within the Contract Agreement period. Accordingly, bill has been prepared by the concerned AE & check measured by the Dy.Exe.Engineer and th Executive Engineer passed order for gross amount of Rs.13,85,379/- with a net amount of Rs.12,61,207/- on 26.02.2023 but now, the budget has been released by the Govt. of A.P and uploaded in CFMS website and allotted CFMS Token No.2024-165955 the bill in C.F.M.S Portal is in the mode of payment status and waiting for fund clearance.” 3 6. Thus, as seen from the instructions of the 3rd respondent-learned Executive Engineer (R&B), NH Division, Ananthapuramu, there is no dispute regarding completion of work and the entitlement of the petitioner for Rs.12,61,207/-. In fact, the bill was uploaded to CFMS website and the allotment of CFMS Token number is 2024-165955. 7. Given the facts and circumstances of the case, the writ petition is disposed of at the admission stage with the consent of learned counsel on either side, directing the respondents 1 to 3 to release an amount of Rs.12,61,207/- as per the final bill Ex.P.5 dated 26.02.2023, subject to statutory deductions, if any, within three (3) months from the date of receipt of a copy of this order. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 25.03.2025 KA 4 75 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 22086/2023 Date: 25.03.2025 KA