APHC010484712024 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: 25125/2024 Between: 1. SRI K.VENKATA SUBBA REDDY,, S/O PEDDA VENKATA REDDY, AGED BOUT 45 YEARS, R/O H.NO.4-99, KOTTUR VILLAGE, DORNALA MANDAL, PRAKASHAM DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, 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.25,36,605/-lakhs for the work executed by the petitioner under Flood damage repairs to Scoured berms from Km 91/0 to SRS,J W.P.No.25125 of 2024 93/0 and Km.98/0 to 107/0 of Kurnool-Guntur road of NH-340 in Nandyal District and Prakasam District through the agreement No.26/2023-24 dt.19.02.2024and with 6 percent interest is illegal, arbitrary and contrary to law and un constitution and in violation of Article 14 of the Constitution of India consequently direct the respondent authorities to release the admitted bill amount of Rs.25,36,605/-lakhs with 6 percent interest per annum to the petitioner in respect of the execution of aforementioned works forthwith and to pass such 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.25,36,605/-lakhs with interest at 6% for the works executed by the petitioner “Flood damage repairs to Scoured berms from Km 91/0 to 93/0 and Km.98/0 to 107/0 of Kurnool-Guntur road of NH-340 in Nandyal District and Prakasam District” through the agreement No.26/2023- 24 dt. 19.02.2024. pending disposal of the Writ petition and pass such 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.25,36,605/- to the work done by the petitioner i.e. Flood damage repairs to scoured berms from Km 91/0 to 93/0 and Km 98/0 to 107/0 of Kurnool – Guntur road of NH- 340C in Nandyal District and Prakasam District in the State of Andhra SRS,J W.P.No.25125 of 2024 Pradesh, in pursuance of agreement No.26/2023-24, dated 19.02.2024, 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.26/2023-24, dated 19.02.2024, for the aforementioned work, wherein the estimated amount is of Rs.33,94,000/-, the estimated contract value is of Rs.26,51,555/- and the agreement value is of Rs.26,89,207/-. The petitioner executed the work, and respondent No.3 measured the work and entered the same in the measurement book on 18.05.2024, mentioning that the amount payable to the petitioner is Rs.25,36,605/-, after statutory deductions. However, the amount was not paid. 4. Learned Government Pleader submitted 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 ; Flood damage repairs to scoured berms from Km.91/0 to 93/0 & Km.98/0 to 107/0 of Kurnool-Guntur Road of NH-340C in Nandyal district & Prakasam District in the state of Andhra Pradesh with an Estimated cost of Rs.33.94 Lakhs was entrusted to Sri.K.Venkatasubba Reddy Contractor, Dornala Mandal, Prakasam Dist. Vide Agt.No.26/2023-24 by the Executive Engineer (R&B) AORDC Division, Kurnool. The work was completed and the bill submitted LS CC Ist & Final for gross amount of Rs.33,57,660/- (Net amount of Rs.25,36,605). The bill was scrutinized and pass order was made by this office on 18.05.2024 for onward submission to Pay & Accts.officer, Kurnool for payment. SRS,J W.P.No.25125 of 2024 The bills total costing Rs.33,57,660/- was laid down in this division due to non availability of necessary budget release from the Head office. Soon after receipt of the funds the work bills will be submitted to the Pay & Accts.officer, Kurnool for payment.” 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.25,36,605/-. 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.25,36,605/- 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.25125 of 2024 231 THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.25125 OF 2024 Date : 01.04.2025 TVN