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APHC010514012025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
THURSDAY, THE TWENTIETH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE
PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY
WRIT PETITION NO: 26889 OF 2025 Between:
1. NAMITHA CONSTRUCTIONS, Rep.by its, Managing Partnter Battula Damodara Rao, S/o.Mohan Rao, Aged about 55 years, R/o.D.No.10-142, Pandivanipalem, Cheepurupalli, Parawada Mandal, Visakhapatnam District ...Petitioner AND
1. THE STATE OF AP, Rep. by its Principal Secretary, Tribal Welfare Department,
Secretariat Buildings, Velagapudi, Amaravathi. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Finance Planning, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 3. The District Collector, Alluri Sitarama Raju District. 3. 4. The Project Officer, Tribal Welfare Department, Rampachodavaram, ASR District. 4. 5. The Superintending Engineer, Tribal Welfare Department, Visakhapatnam. 6. The Executive Engineer, Tribal Welfare Division, Rampachodavaram, ASR 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 of Writ of Mandamus
SRK, J WP No.26889 of 2025 2 declaring the action of the respondents in not releasing the admitted/finalized bills payable to the petitioner towards the completed Work l.e.. Providing Additional Infrastructure facilities to TWAH School at Pedageddada in East Godavari District (Alluri Seetha Rama Raju District), under M-Book Pass Order No. 594/A/TW/2021-22 for Rs. 76,33,916/-, even after finalizing the bills as illegal. arbitrary and violative of Articles 14 and 21 of the Constitution of India and also oppose to the settled principles of law, and consequently direct the respondents to forthwith release the due amount to the petitioner pending towards the completed Work l.e.. Providing Additional Infrastructure facilities to TWAH School at Pedageddada in East Godavari District (Alluri Seetha Rama Raju District), under M-Book Pass Order No. 594/A/TW/2021-22 for Rs. 76,33,916/-.
Counsel for the Petitioner: RAVULA NAGARJUNA
Counsel for the Respondents: GP FOR SOCIAL WELFARE
Counsel for the Respondents:GP FOR FINANCE PLANNING
SRK, J WP No.26889 of 2025 3 The Court made the following ORDER: This Writ Petition has been filed seeking to declare the action of the respondents in not releasing the admitted/finalized bill amount of Rs.76,33,916/- to the petitioner for the work done by him i.e., providing additional infrastructure facilities to TWAH School, at Pedageddada in East Godavari district (Alluri Setha Rama Raju district), under M.Book Pass Order No.594 / A / A TW / 2021-22, as illegal and arbitrary and consequently direct the respondents to release the bills in respect of execution of afore mentioned work forthwith. 2. Today, when the matter came up for admission, learned counsel for the petitioner submits that the subject matter of this Writ Petition is squarely covered by the orders of this Court passed in WP No.29077 of 2018, dated 16.08.2018, wherein this Court directed the respondents therein to verify and quantify the amounts due to the petitioner therein in terms of the works admittedly executed, and directed to pay such undisputed amounts, if any, to the petitioner therein, within eight (8) weeks from the date of receipt of a copy of the said order. 3. On the other hand, learned Assistant Government Pleader, on written instructions, submitted that the bill for part payment of
SRK, J WP No.26889 of 2025 4 Rs.52,19,816/- was submitted vide CFMS Bill No.2025-824201 and the said bill was approved and waiting for fund clearance. It is further submitted that the bill for balance amount would be uploaded soon after budget release order. 4.
In view of the aforesaid facts and circumstances and as there is no dispute with regard to the execution of work and the amount due to the petitioner, the respondents are directed to release the pending amount of Rs.76,33,916/- (Rupees seventy six lakhs thirty three thousand nine hundred and sixteen only) to the petitioner within a period of six (6) weeks from the date of receipt of a copy of this order, failing which, the Writ Petitioner is entitled to claim interest @ 6% per annum from the date of this order till the date of realization. 5. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed. ________________________ K. SREENIVASA REDDY, J. Date:20.11.2025 Nsr
SRK, J WP No.26889 of 2025 5 HON’BLE SRI JUSTICE K. SREENIVASA REDDY
Writ Petition No.26889 of 2025
Date:20.11.2025
Nsr