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2025 DAILYLAW 33498 (AP)

C. Abhiram v. The State of Andhra Pradesh,

WP/26096/2024 · 2025-03-25

Subba Reddy Satti

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010503442024 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: 26096/2024 Between: C. Abhiram ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. K NAGA PHANINDRA 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 to declare the inaction of the respondents in paying the admitted bill of Rs.6,48,632/- towards the final bill for the work executed by the petitioner i.e. ‘levelling the ground and barricading arrangements at meeting place because of the visit of Hon’ble Chief Minister of Andhra Pradesh, on 14.03.2024, in Kurnool’, as illegal and arbitrary. 2. Heard Sri K. Naga Phanindra and Sri Ch. Praveen, learned Assistant Government Pleader for Roads and Buildings, for the respondents. 3. Learned counsel for the petitioner would submit that respondent No.3 granted an administrative sanction on 11.03.2024 for the aforementioned SRS,J W.P.No.26096 of 2024 work, and the same was entrusted to the petitioner vide agreement No.115/2023-2024. The petitioner completed the work by 17.03.2024. However, the bill amount of Rs.6,48,632/- was not released. Hence, the writ petition. 4. Learned Assistant Government Pleader for Roads and Building, produced a copy of the instructions furnished by respondent No.4 vide letter No.W.P.No.26096/2024/EE/R&B/Knl/2024-25 dated 20.03.2025, a perusal of which would indicate about the completion of the above work by the petitioner and his entitlement for the payment. The relevant portion is extracted hereunder: “Further, it is submitted that, the work “Leveling the ground for parking the Vehicles and Barricading arrangements at meeting place in view of visit of Hon’ble Chief Minister of Andhra Pradesh on 14.03.2024 in Kurnool District” was administratively sanctioned vide Proce.No.H2/2023-24, Dt: 11.03.2024 of Collector & District magistrate, Kurnool for Rs.7.50 lakhs and technically sanctioned for Rs.7.50 lakhs vide TS.No.DR No.107/2023-24. The work was entrusted to Sri C. Abhiram, contractor, Kurnool on nomination basis with a tender premium @ estimate rate over the estimated contract value. The date of handing over site was 11.03.2024 and the date fixed for completion was 17.03.2024 vide reference 1st cited. The above work is completed in all aspects. In this connection, the Deputy Executive Engineer (R&B) Sub- Division, Roads Sub-Division, Kurnool has submitted LS 1st and Final bill for Rs.7,46,380/- for the work of “Leveling the ground for parking the Vehicles and barricading arrangements at meeting place in view of visit of Hon’ble Chief Minister of Andhra Pradesh on 14.03.2024 in Kurnool District”. After scrutiny of the bill uploaded in NIDHI Portal for payment. But the above bill token was not generated in NIDHI Portal. It is showing error as insufficient budget under head of account 2059-80-051-00-12- 270-272. Page 3 of 4 SRS,J W.P.No.26096 of 2024 In this connection, this office has requested the Chief Engineer, (R&B), Buildings & RSW, Vijayawada, regarding the above subject works to inform the Government for release of the amount to avoid further legal complications in future, vide reference 3rd cited. But the above bill token was not generated in NIDHI Portal. It is showing error as insufficient budget under head of account 2059-80-051-00-12-270-272 till to date.” 5. Thus, as seen from the instructions furnished by respondent No.4, there is no dispute regarding the completion of work by the petitioner and his entitlement to the aforementioned amount. 6. 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 to release an amount of Rs.6,48,632/- as per the admitted bill, after statutory deductions, if any, within three (3) months from the 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 IKN SRS,J W.P.No.26096 of 2024 221 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 26096 / 2024 Date: 25.03.2025 IKN