APHC010621102023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY ,THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 32035/2023 Between: P Thirupathi Reddy And Bros ...PETITIONER AND The State of AP and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. DEVASRI ROSHAN KANCHARLA 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 action of the respondents in withholding the part V & VI payments of Rs.10,27,89,111/-, even after finalising the bills, concerning the works executed by the petitioner i.e. ‘I. Widening and strengthening the road from Km 0/0 to 24/6 of the Chagalamarri-Rudravaram-Nandyal road in Kurnool District’, as per agreement No.80/2018-19, is illegal and arbitrary. 2. A counter affidavit was filed on behalf of respondent No.3. In para No.6 of the counter affidavit, it was stated as follows: “It is respectfully submitted that the work done quantities are recorded by the Assistant Executive Engineer and the same was accepted by the agency in the M-Book. Accordingly, the Deputy Executive Engineer has checked the measurements recorded quantities in M-Book and it was scrutinized in this office, the Gross amount of the bill is Rs.12,44,07,997/- (ie 5th and 6th part bill) and Net amount of both the bill for Rs.11,04,19,802/-. Further the bill was uploaded in CFMS portal vide CFMS ID.No.2024-173134 for duly approved and forwarded to the Finance Department, Government of Andhra Pradesh. Subsequently, the same bill was cancelled by the Government, in addition to the entire CRF bills approved in the month of March-2024. Further the Govr has allotted the budget to each DDO code separately based on the seniority of the state QC inspection dates and reports. As such the Govt. has allotted Rs.6,89,17,937/- to this office. Therefore the 5th and part bill was uploaded during the month September-2024 and paid for Rs.6,89,179,37/- on 04.10.2024 vide CFMS ID No.2024-1529548. Subsequently 6th bill was approved for Rs.55402903/- and uploaded in CFMS vide ID No.2024- 9042572. But has not been paid till to date. At present the status of the bill showing in the portal is “BILL WAITING FOR FUND CLEARANCE”. A copy of the same is herewith enclosed for kind perusal. Hence, the withholding of payment represented by the petitioner is not reliable.” 3. Heard Mrs Devasri Roshan Kancharla, learned counsel for the petitioner; Sri Ch. Praveen, learned Assistant Government Pleader for Roads and Buildings, for respondents 1 to 4 and Smt. Chandrika, learned Assistant Government Pleader for Finance, for respondent No.5. Page 3 of 4 4. Learned Assistant Government Pleader for Roads and Buildings submits that the net amount of the two bills is Rs.11,04,19,802/- out of which an amount of Rs.6,89,17,937/- was paid on 04.10.2024, and the bill for an amount of Rs.5,54,02,903/- was approved and uploaded in the CFMS portal. 5. Given the above facts and circumstances of the case, since there is no dispute regarding the petitioner’s execution of work, this writ petition is disposed of, at the admission stage with the consent of learned counsel on either side, directing the respondents to release the balance amount payable to the petitioner concerning the execution of the subject work, within five 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: 24.04.2025 IKN 170 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 32035 of 2023 Date: 24.04.2025 IKN