APHC010505992024 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: 26403/2024 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: The above writ petition is filed to declare the inaction of the respondents in releasing the admitted bill amount of Rs.11,41,873/- payable to the petitioner for the work executed by him i.e. ‘providing Helipad arrangements with wet mix macadam, cement concrete, plastering with cow dung around Helipad and marking ‘H’ letter in Helipad in view of visit of the Hon’ble Chief Minister of Andhra Pradesh on 14.03.2024, in Kurnool District, as illegal and arbitrary. 2. Heard Sri K. Naga Phanindra, learned counsel for the petitioner; learned Assistant Government Pleader for Finance for respondent No.1 and learned Assistant Government Pleader for Roads and Buildings for respondents 2 to 4. 3. Learned counsel for the petitioner submitted that respondent No.3 granted an administrative sanction dated 11.03.2024 for the aforementioned work and the same was entrusted to the petitioner vide agreement No.116/2023-2024. The petitioner completed the work by 17.03.2024. However, the bill amount of Rs.11,41,873/- was not paid to the petitioner. Hence, the writ petition. 4. Learned Assistant Government Pleader for Roads and Building, placed a copy of the instructions furnished by respondent No.4 vide letter No.WP26403/2024/EE/R&B/Knl/2024-25 dated 20.03.2025, wherein it is stated as under: “Further, it is submitted that, the work “Providing Helipad Helipad arrangements with wet mix macadam, cement concrete, plastering with cow dung around Helipad and marking ‘H’ letter in helipad in view of visit of Hon’ble Chief Minister of Andhra Pradesh on 14.03.2024 in Kurnool District” was administratively sanctioned accorded Rs.12.85 lakhs by the District collector & Magistrate, Kurnool vide Pro.No.H2/2023-24, Dt:11.03.2024 and technically sanction vide TS.No.DR No. /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 in view of urgency the District Collector, Kurnool give permission to take up the work immediately and the work is completed in all aspects. In this connection, the Deputy Executive Engineer (R & B) Roads Sub-Division, Kurnool has submitted LS 1st and Final bill for Rs.12,82,677/- for the work of “Providing Helipad arrangements with wet mix macadam, cement concrete, plastering with cow dung around Helipad and marking ‘H’ letter in Helipad in view of visit of the Hon’ble Chief Minister of Andhra Pradesh on 14.03.2024 in Kurnool District”. After scrutinizing the bill, it should be uploaded to the NIDHI portal for payment. But the bill token is not generated in the NIDHI Portal. It shows an error as insufficient budget under the head of account 2059-80-051- 00-12-270-272. 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.” 6. Learned Assistant Government Pleader for Finance submitted the instructions of respondent No.1, wherein it was stated that no bill in this regard, was received from the Administrative Department. 6. 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 for the aforementioned amount. Since there is no dispute regarding the amount payable to the petitioner, the writ petition under Article 226 of the Constitution of India is maintainable. 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 respondents 2 to 4 to submit the bill in respect of the petitioner’s claim, to the Finance Department, enabling respondent No.1 to release the amount. On receiving the bill, respondent No.1 shall release the amount payable to the petitioner. The entire exercise shall be completed as expeditiously within three months from the receipt of a copy of the order. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 25.03.2025 IKN 97 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 26403 / 2024 Date: 25.03.2025 IKN