IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY. THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE u - V. PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 32852 OF 2023 Between: S.Sudhakar Reddy, S/o. Subba Reddy, R/o. H.No. 27-326-2, Moolasagaram Nandyal Town and District. ...PETITIONER(S) AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Finance and Planning Department, Secretariat, Velagapudi, Guntur District. 2. The State of Andhra Pradesh, Rep, by its Principal Secretary Endowments Department, Secretariat, Velagapudi, Guntur District. 3. The District Collector, Nandyal District, Nandyal. 4. The Commissioner of Endowments, Gollapudi, Vijayawada, NTR District. 5. The Assistant Commissioner of Endowments, Kurnool, Kurnool District. 6. Sri Gangamma, Sri Peddamma, Sri Kodandaram & Sri Anjaneya Swamy Group of Temples, Rep. by its Executive Officer, Cherlopalli Village, Owk Mandal, Nandyal District. 7. The Executive Engineer, Endowments Department, Kurnool, Kurnool District. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature WRIT OF MANDAMUS, declaring the action of the respondents in not paying the Rs. 35,50,559/- for the works of admitted bill amdunts of reconstruction of Sri Gangamme Devatha Temple, reconstruction of Sri Peddamma Devatha Temple and reconstruction of Kondandarama & Anjaneya Swamy Temple in Cherlopalli Village, Nandyal District vide agreement No's. 1, 2 & 3/NIL/2014, dated 15.10.2014 entered with the respondent, as illegal, Owk Mandal, arbitrary, violative of Arts. 14 and 19(g) of the Constitution of India and consequently direct the Respondents to forthwith release the payment of above bill amounts along with interest. lA NO: 1 OF 2023 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 respondents to forthwith process and release the bills of Rs.35,50,559 for the works of reconstruction of Sri Gangamma Devatha Temple, reconstruction of Sri Peddamma Devatha Temple and reconstruction of Sri Kondandarama & Anjaneya Swamy Temple in Cherlopalli Village, Owk Mandal, Nandyal District, pending disposal of Writ Petition. Counsel for the Petitioner: SRI K.RATHANGA PANI REDDY Counsel for the Respondent No.1: ASST.GP FOR FINANCE & PLANNING Counsel for the Respondent Nos. 2, 4, 5 & 7: SRI P.SRINIVAS, ASST.GP FOR ENDOWMENTS Counsel for the Respondent No.3: ASST.GP FOR REVENUE Counsel for the Respondent No.6: SRI G.RAMANA RAO, SC FOR ENDOWMENTS RAYALASEEMA REGION The Court made the following: ORDER •f' APHC010636902023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] FRIDAY JHE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 32852/2023 Between: S Sudhakar Reddy ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.K RATHANGA PANI REDDY Counsel for the Respondent(S): 1.GP FOR FINANCE PLANNING 2.GP FOR REVENUE 3.G RAMANA RAO (SC FOR ENDOWMENTS RAYALASEEMAREGION) 4.GP FOR ENDOWMENTS The Court made the following Order: The Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief: “ to issue an appropriate writ, order or direction more particuiariy one in the nature Writ of Mandamus deciaring the action of the respondents in not paying the Rs.35,50,559/- for the works of admitted biii amounts of reconstruction of Sri Gangamme Devatha Tempie, 2 reconstruction of Sri Peddamma Devatha Tempie and reconstruction of Kondandarama & Anjaneya Swamy tempie in Cheriopalii Village, Owk Mandal, Nandyai District vide agreement Nos.1, 2 & 3/NIU2014, dated 15.10.2014 entered with the 6*^ respondent as illegal, arbitrary, violative of Arts 14 and 19(g) of the Constitution of India and consequently direct the Respondents to forthwith release the payment of above bill amounts along with interest ’’ Brief facts of the case are that the petitioner is a civil contractor and have executed various civil works awarded by the Government. The 3^^ respondent accorded administrative sanction vide Rc.G 1.719/2006, dated 10.10.2013 for reconstruction of Sri Gangamme Devatha Temple, Sri Peddamma Devatha Temple, Sri Kondandarama and Anjaneya Swamy Temple in Cheriopalii Village, Owk Mandal, Nandyai District, as per the interim order of this Court dated 19.06.2012 passed in WPMP.No.23202/201 2 in WP.No.18119/2012, wherein this Court directed the respondents to that the temples submerged in the SRBC project are reconstructed and also directed to take immediate steps for choosing the location and allocation of funds. In pursuance of the same, tenders are called for and the petitioner declared as successful bidder and accordingly agreement was entered with the Executive Officer of the 6*'' respondent-temple vide Agreement No.1, 2 & The petitioner has completed the re-construction works as per the agreement and the costs incurred for the reconstruction are to a tune of Rs.45,64,573/- and out of which Rs.7,26,131/- was paid to the petitioner and Rs.35,50,559/- has to be paid. The petitioner was directed to raise the bills before the 7*^ respondent for payment. The 5 2. ensure was 3/NIL/2014, dated 15.10.2014. th 3 respondent has addressed a letter dated 31.08.2018 to the Project Manager R & R Package Projects for releasing the funds to the petitioner and dated 20.10.2022 was addressed to the 4*'^ Administrative Officer for release of a letter respondent by District remaining amount by observing that the petitioner has physically completed the above works six and half years ago. But till now the remaining amounts has not been paid by the respondents the petitioner. Aggrieved by the same, the present writ petition has been filed. to 3. The 6*^ respondent filed counter affidavit denying the allegations made in the writ petition and stated that the Superintending Engineer, Multi Zone-ll, Kurnool has accorded Technical Sanction for re-construction of three temples namely Sri Gangamma Devatha Temple for Rs. 13,40,000/-, Sri Peddamma Devatha temple for Rs. 13,40,000/- and Sri Kodandarama Anjaneya Swamy temple for Rs.34,58,219/- at Cherlopalli Village, Owk and Mandal, wherein the 6*" respondent called for tenders through E-Procurement per rules. After the due procedure, the petitioner entered into an agreement dated 15.10.2014 with the 6*^ respondent herein and as well as Supplemental Agreement No.I/SUP-1/2017. as Thereafter, the petitioner has started reconstruction of three temples. It is further stated that the D.C. Bills submitted to the Assistant and Pay Accounts Officer (R & R Package) Projects, Kurnool by the S”" respondent vide letter in Rc.No.A4/8420/2013 GnI were dated 20.04.2015 requesting to release an amount of Rs.8,12,420/- in favour of subject temples towards payments of Contractor and taxes. Accordingly, 4 the said amount was released and paid instalment part payment of Rs.7,26,131/- to the petitioner after deducting Tax, VAT and CESS. It is further stated that subsequently, the petitioner has proceeded with the rd construction of the temples to some extent and not completed so. The 3 respondent requested the Special Commissioner R & R, Water Resource Department, Vijayawada to release the amount of Rs.35,50,559/- to make payment to the petitioner through letter in Rc.No.G1/719/2006, dated 05.10.2018. In the meanwhile, the Joint Collector and Project Administrator, R & R Package, Kurnool has issued proceedings to the 5*^ respondent to prefer the bills to PAO/APAO through CFMS and Head of Account concerned for Rs.35,50,559/- to make payment to the petitioner. But the 5*^ respondent informed that, the concerned head of account was not included to the Assistant Commissioner’s DDO code. Accordingly, ticket has been raised twice through CFMS, but not included the concerned head of account to Assistant Commissioner’s DDO code. Heard Mr.K.Rathangapani Reddy, learned counsel for the 4. petitioner; learned Assistant Government Pleader for Finance and Planning, for respondent No.1, Mr.P.Srinivas, learned Assistant Government Pleader for Endowments, for respondent Nos.2, 4, 5 and 7, learned Assistant Government Pleader for Revenue, for respondent No.3 as well as Mr.G.Ramana Rao learned Standing Counsel for respondent No.6. r 5 5. On hearing, learned counsel for the petitioner while reiterating the contents urged in the writ petition, submits that, the petitioner have done the works of reconstruction of Sri Gangamme Devatha Temple, Sri Peddamma Devatha Temple, Sri Kondandarama and Anjaneya Swamy Temple in Cherlopalli Village, Owk Mandal, Nandyal District and inspite of completing the works that are entrusted to petitioner successfully, the respondents did not process the pending bills and the amounts are to be paid for the works done are Rs.35,50,559/-. He further submits that the respondents have admitted the bills payable to the petitioner and the respondents stated that the same will be uploaded in the CFMS portal of the respondent. The respondentshave not released the pending bill amount for the works done by the petitioners for the past seven and half and years and the respondents cannot withhold the amounts that are payable to petitioners. Though the petitioner is entitled for payment of the admitted amounts, the respondents are dodging the matter and the amounts payable is withheld by the respondents without any valid reason and the petitioner has been approaching the respondents several times for the payment of amounts payable in respect of the completed works but all the efforts went in vain. Therefore, learned counsel for the petitioner requests this Court to pass appropriate orders. Per Contra, learned Standing Counsel while reiterating the contents made in the counter affidavit, submits that the 5^'^ respondent has 6. addressed number of letters to the Chief Executive Officer, CFMS, 6 Vijayawada, dated 01.07.2021, 12.07.2021, 05.08.2021, 20.07.2022, etc., requesting to include the concerned Head of Account i.e., 4700-01-121-11-49- 530-536 to the Assistant Commissioner’s DDO code No.09012307002 enable the Authorities to release the said amount and for payment of the same to the petitioner, but the same is pending at the end of Office of CFMS, Vijayawada. He further submits that the pending payment of Rs.35,50,559/- could not be paid to the petitioner for the above said reasons. Moreover, the said three temples have no income and the petitioner gave letter dated 07.04.2023 expressing his inability to complete construction of the temples and requested for payment of pending bill. In pursuance of the said letter, the villagers by themselves, have completed the remaining portion of construction of two temples with their own funds and still some work left over to complete construction of third temple. He further submits that, the concerned head of account was not included to the Assistant Commissioner’s DDO code and hence, the payment of Rs.35,50,559/- could not be paid to the petitioner. Therefore, learned Standing Counsel requests this Court to pass appropriate orders. 7. Perused the record. On a perusal of the material on record, this Court observed that. 8. th admittedly the petitioner has entered into an agreement with the 6 respondent temple for the reconstruction works of the subject temples. After 7 the petitioner completed the reconstruction works, the costs incurred are to a tune of Rs.45,64,573/- and out of which Rs.7,26,131/- was paid to the petitioner and Rs.35,50,559/- remains to be paid. The Joint Collector and Project Administrator, R & R Package, Kurnool has issued proceedings to the 5'^ respondent to prefer the bills to PAO/APAO through CFMS and Head of Account concerned for Rs.35,50,559/- to facilitate payment to the petitioner. However, the 5*'' respondent informed that the concerned head of account was not included to the Assistant Commissioner’s DDO code and as such, the bills were not paid to the petitioner. 9. Having regard to the facts and circumstances of the case and on considering the submissions of both the learned counsels, this Court is of the opinion that, since the authorities intends to pay the amount to the petitioner; this Court is inclined to allow the writ petition, directing the respondents to include the petitioner’s head of account into Assistant Commissioner’s DDO Code and to pay the admitted bill amount of Rs.35,50,559/- to the petitioner at the earliest, within a period of six (06) weeks from the date of receipt of a copy of this order. It shall be open to the petitioner to agitate his/her claim for interest, if any payable by the respondents in an appropriate forum. 11. Accordingly, the Writ Petition is allowed. No costs. 8 As a sequel, miscellaneous applications pending, if any, shall Sd/- K. TATA RAO deputy registrar 12. stand closed. //TRUE COPY// SECTION OFFICER 1. The Principal Secretary Finance & Planning Department, State of Andhra Pradesh Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Principal Secretary Endowments Department, State of Andhra Pradesh Secretariat, Velagapudi, Guntur District. 3. The District Collector, Nandyal District, Nandyal. 4. The Commissioner of Endowments, Gollapudi, Vijayawada, NTR District. 5. The Assistant Commissioner of Endowments, Kurnool, Kurnool District. 6. The Executive Officer, Sri Gangamma, Sri Peddamma, Sri Kodandaram & Sri Anjaneya Swamy Group of Temples, Cherlopalli Village, Owk Mandal, Nandyal District. 7. The Executive Engineer, Endowments Department, Kurnool, Kurnool District. 8. One CC to Sri K.Rathanga Pani Reddy, Advocate [OPUC] 9. Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh. [OUT] To, 10. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 11. One CC to Sri G.Ramana Rao, SC for Endowments Rayalaseema Region. [OPUC] Two CCs to GP for Endowments, High Court of Andhra Pradesh. 12. [OUT] 13. Three CD Copies. gi HIGH COURT DATED:21/02/2025 ORDER WP.No.32852 of 2023 g 15 MAR 2C23 S SJ- C9) •^2 ^ Current Section ALLOWING THE WRIT PETITION WITHOUT COSTS