IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINETH DAY OF JANUARY j TWO THOUSAND AND TWENTY FIVE I PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 30816 OF 2024 I Between: Sri Venna Kasireddy, S/o Kasireddy, aged about 32 years, R/o H.No.4-59, Ramchandra Kota village, Peddadornala Mandal, Prakasam District, Andhra Pradesh. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. By its Principal Secretary, Panchayat Raj and Rural Development RWS and S 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 Collector and District Magistrate, Prakasam District, Prakasam. 4. The Superintendent Engineer, Rural Water Supply and Sanitation Ongole Division, Ongole,7 Prakasam District 5. The Executive Engineer, Rural Water Supply and Sanitation Division, Podili, Prakasam District. 6. The Deputy Executive Engineer, Rural Water Supply and Sanitation Sub Division Markapur @ Y.Palem, Prakasam District. 7. The Assistant Engineer, Rural Water Supply and Sanitation Division, Dornala, Prakasam Distriot. 8. The Pay and Accounts Officer, Work and Accounts Department, Prakasam, Prakasam District. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in ,|he 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 bills gross amount of Rs.3,40,167/- ,Rs.4,98.199/-, Rs.2,50,470, Rs.4,99,419, Rs.3,41,002/-, Rs.2,99,241/- and Rs.4,99,159/- respectively and the total gross amount of Rs.27,28,157/- lakhs for the works executed by the petitioner under the GGMP Grant and CMDF grant in relating to the works i.e 1) Providing deep bore well with motor and Pipeline from Naali Gangamma House to Jogi Venkateswarlu house of Ghinagudipadu village and GP of Dornala Mandal, vide Sub- Divisional agreement No.517/2023-24, dt.21.06.2023 2) Construction of CC Open Drainage System and Cover slabs at junction from Dodda Balaraju house of Dodda China Rajaiah house of BC Colony of Ghinagudipadu village and GP of Dornala Mandal, vide Sub-Divisional agreement No.518/2023-24, dt.21.06.2023, 3) Providing Deep bore well with motor and Pipeline from Aarthi Anakamma House to Bhuman Nagamma house of BMC colony of Ghinagudipadu G.P of Dornala Mandal, vide Sub-Divisional agreement No.516/2023-24, dt.21.06.2023, 4) Construction of CC Open Drainage system and Cover slabs at junction from Vallapuneni Ramesh house to Dodda Balraj house of BC Colony of Chinagudipadu village and GP of Dornala Mandal, vide Sub-Divisional agreement No.519/2023-24, dt.21.06.2023, 5) Providing Deep bore well scheme to BC locality in Chinagudipadu village of Dornala mandal, vide Sub-Divisional agreement No.515/2023-24, dt.21.06.2023, 6) Providing bore well with New single phase motor at Chinagudipadu village and GP of Dornala Mandal, vide Sub- Divisional agreement No.362B/2022-23, dt.30.11.2022, 7) Providing Internal CC Drains from Y.Venkataiah Place to V.Ramesh House in Chinagudipadu village and GP of Dornala Mandal vide Sub-Divisional agreement NO.362A/2022-23, dt.30.11.2022, respectively is questioned, as the same is illegal, arbitrary and consequently direct the respondent authorities to release the admitted contract bills total gross amount of Rs.27,28,157/- lakhs with 6% interest per annum for the delayed amount to the petitioner in respect of the execution of aforementioned works forthwith. lA 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 respondent authorities to releasing the admitted contract bills amount of Rs.3,40,167/-,Rs.4,98,199/-, Rs.2,50.470, Rs.4,99,419, ■ Rs.3,41,002/-, Rs.2,99,241/-and Rs.4,99,159/- respectively and the total gross amount of Rs.27,28,157/- lakhs for the works executed by the petitioner under the GGMP Grant and CMDF grant in relating to the works i.e 1) Providing deep bore well with motor and Pipeline from Naali Gangamma House to Jogi Venkateswarlu house of Chinagudipadu village and GP of Dornala Mandal, vide Sub- Divisional agreement No.517/2023- 24, dt.21.06.2023 2) Construction of CC Open Drainage System and Cover slabs at junction from Dodda Balaraju house of Dodda China Rajaiah house of BC Colony of Chinagudipadu village and GP of Dornala Manedal, vide Sub-Divisional agreement No.518/2023-24, dt.21.06.2023, 3) Providing Deep bore well with motor and Pipeline from Aarthi Anakamma House to Bhuman Nagamma house of BMC colony of Chinagudipadu G.P of Dornala Mandal, vide Sub-Divisional agreement No.516/2023-24, dt.21.06.2023, 4) Construction of CC Open Drainage system and Cover slabs at junction from Vallapuneni Ramesh house to Dodda Balraj house of BC Colony of Chinagudipadu village and GP of Dornala Mandal, vide Sub-Divisional agreement No.519/2023-24, dt.21.06.2023, 5) Providing Deep bore well scheme to BC locality in Chinagudipadu village of Dornala mandal, vide Sub-Divisional agreement No.515/2023-24, dt.21.06.2023, 6) Providing bore well with New single phase motor at Chinagudipadu village and GP of Dornala Mandal vide Sub-Divisional agreement No.362B/2022-23, dt.30.11.2022, 7) Providing Internal CC Drains from Y.Venkataiah Place to w V.Ramesh House in Chinagudipadu village and GP of Dornala Mandal, vide Sub-Divisional agreement No.362A/2022-23, disposal of the Writ petition. dt.30.11.2022, pending Counsel for the Petitioner: SRI GNANESWARA RAO MITTIREDDI Counsel for the Respondent Nos.1, 3 to 7: GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT Counsel for the Respondent Nos.2 & 8: GP FOR FINANCE & PLANNING The Court made the following: ORDER THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.30816 of 2024 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s: "....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 bills gross amount of Rs.3,40, 167/-Rs.4,98.199/-, Rs.2,50,470, Rs.4,99,419, Rs.3,41,002/-, Rs.2,99,241/-and Rs.4,99,159/- respectively and the total gross amount of Rs.27,28,157/-lakhs for the works executed by the petitioner under the GGMP Grant and CMDF grant in relating to the works i.e 1)" Providing deep bore well with motor & Pipeline from Naali Gangamma House to Jogi Venkateswarlu house of Chinagudipadu village and GP of Dornala Mandal, vide Sub-Divisional agreement No.517/2023-24, dt.21.06.2023 2)" Construction of CC Open Drainage System & Cover slabs at junction from Dodda Balaraju house of Dodda China Rajaiah house of BC Colony of Chinagudipadu village and GP of Dornala Manedal, vide Sub-Divisional agreement No.518/2023-24, dt.21.06.2023, 3) Providing Deep bore well with motor & Pipeline from Aarthi Anakamma House to Bhuman Nagamma house of BMC colony of Chinagudipadu G.P of Dornala Mandal, vide Sub-Divisional agreement No.516/2023-24, dt.21.06.2023, 4) " Construction of CC Open Drainage system & Cover slabs at junction from Vallapuneni Ramesh house to Dodda Balraj house of BC Colony of Chinagudipadu village and GP of Dornala Mandal, vide Sub-Divisional agreement No.519/2023-24, dt.21.06.2023, 5) "Providing Deep bore well scheme to BC locality in Chinagudipadu village of Dornala mandal, vide Sub-Divisional agreement No.515/2023-24, dt.21.06.2023, 6) " Providing bore well with New single phase motor at Chinagudipadu village and GP of Dornala Mandal, vide Sub-Divisional agreement NO.362B/2022-23, dt.30.11.2022, 7) "Providing Internal CC Drains from Y.Venkataiah Place to V.Ramesh House in Chinagudipadu village and GP of Dornala Mandal, vide Sub-Divisional agreement NO.362A/2022-23, dt.30.11.2022, respectively is questioned, as the same is illegal, arbitrary and consequently direct the rgspondent authorities to release the admitted contract bills total 2 gross amount of Rs.27,28,157/- lakhs with 6% interest per annum for the delayed amount to the petitioner in respect of the execution of aforementioned works forthwith and pass such other orders ,1. 2. Pithily, the Writ Petition is filed to direct the respondents for payment of amount due to the petitioner for the work executed. Government has issued memo dated 05.11.2020 directing the authorities to deduct 21.02% for DCC works and 6.33% for MCC works. The said memo was assailed in a batch of Writ Petitions. A learned Single Judge has allowed the batch of Writ Petitions and set aside the memo dated 05.11.2020, vide order dated 05.10.2021. Against the said order dated 05.10.2021, a batch of intra-court appeals were filed and the order of the learned Judge was confirmed by the Division Bench. The issue pertains to deductions of 21.02% for DCC works and 6.33% for MCC work^. The facts of the said judgment are not applicable to the present facts of the case. 3. 4. The Hon’ble Apex Court in Union of India and others v. Puna Hinda\ observed in the following manner: "Though, the jurisdiction of the High Court is wide but in respect of pure contractual matters in the field of private law, having no statutory flavour, are better adjudicated upon by the forum agreed to by the parties. The dispute as to whether the amount is payable or not and/or how much amount is payable are disputed questions of facts. There is no admission on the part of the appellants to infer that the amount stands crystallized. Therefore, in the absence of any acceptance of Joint Survey Report by the competent authority, no right would accrue to the writ petitioner only because measurements cannot be undertaken after passage of time. May be, the resurvey cannot take place but the (2021) 10 see 690 3 measurement books of the work executed from time to time would form a reasonable basis for assessing the amount due and payable to the writ petitioner, but such process gould be undertaken only by the agreed forum I.e., arbitration and not by the Writ Court as it does not have the expertise in respect of measurements or construction of roads" Set apart even if the liability is admitted by the Government, this Court cannot issue direction under Article 226 of the Constitution of India to compel it to make the payment of such dues. The only remedy open to the person aggrieved is either to approach the civil court for necessary relief or to get the matter referred to the Arbitrator, if there is such a clause under the contract. Writ is not a remedy in such cases. 5. 6. Therefore, in view of the judgment of the Hon’ble Apex Court, the relief prayed by the petitioner cannot be granted by this Court. They have to approach either the civil court or before the authority as per the agreement. 7. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. As a sequel thereto. Interlocutory Applications pending, if any, shall stand closed. SOI- N NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// KSECTION OFFICER To, One CC to Sri Gnaneswara Rao Mittireddi, Advocate [OPUC] Two CCs to GP for Panchayat Raj & Rural Development, High Court of Andhra Pradesh. [OUT] Two CC’s to GP for Finance and Planning, High Court of A.P. at Amaravati[OUT] Three CD Copies. 1. 2. 3. 4. ssb ■w HIGH COURT DATED:29/01/2025 ORDER WP.No.30816 of 2024 S' 19 FEB 2025 Col » ^ Current Section DISMISSING THE W.P. WITHOUT COSTS