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2025 DAILYLAW 34116 (AP)

THE SWATHI ENGINEERING CONSTRUCTIONS v. THE STATE OF ANDHRA PRADESH

WP/27271/2024 · 2025-07-14

Gannamaneni Ramakrishna Prasad

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Judgment text

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APHC010521402024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 27271 OF 2024 Between: 1. THE SWATHI ENGINEERING CONSTRUCTIONS, Rep by its Managing Partner, S. Venugopal Reddy, S/o. Kota Reddy, Aged about.65 Years, R/o. Plot No. 201, Venkatadari Apartments, Santhosh Nagar, Neilore District, Andhra Pradesh. ...Petitioner AND 1. THE STATE OF ANDHRA PRADESH, Rep. by its Principal Secretary, Finance Department, Secretariat, Velgapudi, Amaravati, Guntur District. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, R and B Department, Secretariat, Velgapudi, Amaravati, Guntur District. 3. The Chief Engineer R and B, NH and CRF, Vijayawada. 4. The Superintending Engineer, (R and B) Circle, Neilore. 5. The Executive Engineer, (R and B) Division, Kavali. ...Respondents Counsel for the Petitioner: VENKAT SAILENDRA G Counsel for the Respondents: GP FOR ROADS BUILDINGS Counsel for the Respondents:GP FOR FINANCE PLANNING 2 The Court made the following ORAL ORDER: Heard Ms. S. Manaswi, learned Counsel appearing on behalf of Sri G. Venkat Sailendra, learned Counsel for the Writ Petitioner and Sri Panuku Rajesh Kumar, learned Assistant Government Pleader for Finance & Planning. 2. Respondent No.5 has filed the Counter Affidavit. Para Nos.4 & 5 are usefully extracted hereunder: “4. It is further submitted that the agency has completed part portion of work as on 22-02-2024, the part bill was recorded for the executed quantity of work in the Measurement Books and passed L.S.II & part bill for a Gross amount of Rs.4,61,06,740/- and net amount of Rs. 4,21,48,854/- vide M.Book page No.71/3999 ΚΑ. 5. The allegation made by the petitioner that this office has not released the payment more than 18 months is completely false. After receiving the L.S.II & Part Bill for the executed quantity of work, immediately this office has responded and managed to prepare pass order for Gross amount of Rs.4,61,06,740/- and net amount of Rs. 4,21,48,854/- after applying thorough checks in all levels. But the bill could not be uploaded is NIDHI portal due to insufficient budget. However, The Engineer-in-Chief (R&B), NH&CRF, Vijayawada has been requested for release of sufficient budget Rs.4,61,06,740/- under HOA 5054-00-337-12-05-530-531 V N to process the L.S II & Part bill vide this office Letter No. CRF works/KU Road/LOC Requirement/A3/2024 Dt. 06.11.2024 and the same is awaited. Soon after release of budget the L.S II & part bill will be processed in NIDHI Payment portal for arranging payment to the Agency.” 3. As per the above extract, the net amount admitted by the Respondents is for a sum of Rs.4,21,48,854/- and the Writ Petitioner does not dispute this amount. Therefore, there shall be a direction to the Engineer-in- Chief (R&B), NH&CRF, Vijayawada and also to the Principal Secretary, Finance Department to complete the entire administrative process, Inter- departmental and Intra-departmental, within a period of 20 weeks and make payment to the Writ Petitioner within six weeks thereafter. Writ Petitioner is directed to submit the bank details to the Respondent Nos.1 & 3 within one week from today for effecting such transfer. 3 4. With these observations and directions, this Writ Petition stands allowed. No order as to costs. 5.Interlocutory Applications, if any, stand closed in terms of this order. ______________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt: 15.07.2025 JKS 4 256 HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION No. 27271 OF 2024 15.07.2025 JKS