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2025 DAILYLAW 41738 (AP)

G CHAKARAPANI REDDY v. The State of Andhra Pradesh

WP/28160/2025 · 2025-11-02

K Sreenivasa Reddy

body2025

Judgment text

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APHC010541932025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE THIRD DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 28160 OF 2025 Between: 1. G CHAKARAPANI REDDY, S/o. G. Obul Reddy, Aged about 51 years, Occ Contractor, R/o.D.No.15-2-5-4-11-1, RRN Colony, Madanapalle,ChittoorDistrict. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, School Education Department, Secretariat, Velagapudi, Guntur District. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary Finance Department, Secretariat Velagapudi, Guntur District. 3. The Chief Engineer, Andhra Pradesh Samagra Shiksha (APSS), Amaravathi, Guntur District. 4. The Executive Engineer, Samagra Shiksha, Chittoor, Chittoor 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 appropriate writ, direction, order or orders, more particularly one in the nature of Writ of Mandamus in questioning the action of the respondents in not paying pending admitted bill for an amount of Rs.41,73,615/- for the tender work Providing Additional Infrastructure facilities to SRK, J WP No.28160 of 2025 2 PVC Govt. HS School at Vayalpadu (V and M) in Chittoor District (presently Annamayya District) executed by the petitioner despite the claim for the payment of bill amount is raised vide Token No.2024-512116 as illegal, arbitrary and violative of Article 14, 16 and 21 of the Constitution of India and consequently direct the respondents to release the bill amount of Rs.41,73,615/- towards the above tender work. Counsel for the Petitioner: K NAVEEN KUMAR Counsel for the Respondents: GP FOR SCHOOL EDUCATION Counsel for the Respondents: GP FOR FINANCE PLANNING SRK, J WP No.28160 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 bill amount of Rs.41,73,615/- even after finalizing the bills, payable to the petitioner in relation to the execution of works i.e., providing additional infrastructure facilities to PVC Government HS School, at Vayalpadu (V&M) in Chittoor district (presently Annamayya district), despite the claim for payment of bill amount was raised vide Token No.2024-512116, as illegal and arbitrary and consequently direct the respondents to pay the said amount due to the petitioner in respect of execution of aforementioned works forthwith. 2. Case of the petitioner is that, he is a registered Special Class Contractor and carries out various civil engineering works relating to the construction of buildings, bridges, providing infrastructure, formation and repairing of roads, construction of check Dams, formation of flood banks and other allied works. In response to the tender notification invited for the work of “Providing additional infrastructure facilities to PVC Government HS School, at Vayalpadu (V&M) in Chittoor district”, petitioner participated in the process and was awarded the contract for execution of the aforesaid work, vide Technical Sanction dated 06.04.2020 for the estimated contract work for value of Rs.89,10,000/-. An agreement was also entered between the petitioner and respondent authorities for execution of work on 05.08.2020 and a supplemental agreement was entered into, on 02.03.2022. Thereafter, petitioner executed the work in accordance with the terms and conditions of the contract. After SRK, J WP No.28160 of 2025 4 compliance of the procedural and technical aspects, petitioner raised the bill for the work done and requested for early settlement. The amount claimed for the work executed by the petitioner through the bill was assigned with Token No.2024- 512116 and the same was uploaded in CMFS. The respondents are required to release the amount of Rs.41,73,615/- towards the outstanding due amount for the works executed by the petitioner. Grievance of the petitioner is that though the bill was uploaded in CMFS in the year 2024, till date the respondents are not taking any steps for release of the said amount. On account of the delay in releasing the bill amount, the petitioner is facing financial hardships. 3. 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. 4. On the other hand, learned Assistant Government Pleader for Finance and Planning appearing on behalf of respondent No.2 submitted that the bill was uploaded in CMFS in the year 2024. 5. 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 SRK, J WP No.28160 of 2025 5 release the pending bill amount of Rs.41,73,615/- (Rupees forty one lakhs seventy three thousand six hundred and fifteen only) to the petitioner within a period of eight (8) 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. 6. 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:03.11.2025 Nsr SRK, J WP No.28160 of 2025 6 HON’BLE SRI JUSTICE K. SREENIVASA REDDY Writ Petition No.28160 of 2025 Date:03.11.2025 Nsr SRK, J WP No.28160 of 2025 7