APHC010501602024 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: 25966/2024 Between: 1. P VENKATA RAMI REDDY, AGED 68 YEARS, S/O. LATE CHINNA MALLA REDDY, D.NO.25/117-B, SANJEEVA NAGAR, NANDYAL, NANDYAL DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF AP, REP.BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FINANCE AND PLANNING SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT 2. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY TRANSPORT, ROADS AND BUILDINGS DEPARTMENT SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 3. THE CHIEF ENGINEER, ROADS AND BUILDINGS DEPARTMENT, NH AND CRF, VIJAYAWADA, KRISHNA DISTRICT. 4. THE SUPERINTENDENT ENGINEER, ROADS AND BUILDINGS DEPARTMENT KURNOOL, KURNOOL DISTRICT. 5. THE EXECUTIVE ENGINEER, ROADS AND BUILDINGS DEPARTMENT NANDYAL, NANDYAL 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 2 pleased to pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents in not paying the admitted bill of Rs.30,14,145/- towards the construction of RCC slab culver at Km 0/6-8 of Saibaba Nagar- Moolasagaram Road at Saibaba Nagar, Nandyal District vide Agreement No.DR.Agt.No.146/2022-23 dated 03-01-2023 entered with the 5th Respondent as illegal, arbitrary, discriminatory, contrary and violation of Articles 14, 19(g) and 21 of the Constitution of India 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 pay the admitted bill of Rs.30,14,145/- towards the construction of RCC slab culver at Km 0/6-8 of Saibaba Nagar- Moolasagaram Road at Saibaba Nagar, Nandyal District vide Agreement No.DR.Agt.No.146/2022-23 dated 03-01-2023 entered with the 5th Respondent, in the interest of justice and pass Counsel for the Petitioner: 1. THATHIREDDY ASHOK SRIVASTAVA Counsel for the Respondent(S): 1. GP FOR ROADS BUILDINGS 2. GP FOR FINANCE PLANNING The Court made the following: ::ORDER:: Heard Sri Thathireddy Ashok Srivastava, learned counsel for the petitioner; Sri Naga Chaitanya, learned Assistant Government Pleader for Finance and Planning, appeared for 1st respondent and Sri Ch.Praveen, learned Assistant Government Pleader for Roads and Buildings, appeared for respondents 2 to 5. 2. The above writ petition is filed to declare the action of the respondents in not paying the admitted bill of Rs.30,14,145/- towards the construction of RCC slab culvert at Km 0/6-8 of Saibabanagar – Moolasagram road at 3 Saibabanagar in Nandyal (Vg & Md) in Nandyal District, as illegal and arbitrary. 3. The petitioner and 5th respondent entered into an agreement No.DR.Agt.No.146/2022-23, dated 03.01.2023, regarding the aforementioned work. The petitioner completed the work, and respondents 4 and 5 supervised the work. Despite completion of work, the amount has not been paid. 4. The writ petition was initially listed on 14.11.2024. 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, Nandya, vide Lr.Rc.No.Courtcase/WP.No.2024/Supdt/EE(R&B)NDL/2024-25, dated 24.03.2025. The operative portion of the instructions extracted hereunder: “It is submitted that, the work “Construction of RCC slab culvert at Km.0/6-8 of Saibaba Nagar to Moolasagaram Road at Saibaba Nagar in Nandyal (V&M) in Nandyal district was entrusted to Sri P.Venkata Rami Reddy, Contractor, Sanjeevanagar, Nandyal, Nandyal District on tenderbasis @ 4.95% Excess than the estimate rates. The date of Handing over site was 03.01.2023 and the date fixed for completion was 02.04.2023. Further Extension of Time was granted up to 31.05.2023. The above work is completed in all respects within EOT period. It is respectfully submitted that, the bill was generated and approved for Rs.30,14,145/- for the above work in the NIDHIMODULE vide token number 2024-9017782 for the Agreement No.1000225538. At the time of processing the above bill it is showing error as “Waiting for fund clearance at Finance dept.” 4 6. 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 agreement. 7. 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 1 to 5 to release the amount of Rs.30,14,145/- to the petitioner preferably within four (04) 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 5 185 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 25966 of 2024 Date: 25.03.2025 SNI