APHC010042362024 IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY,THE TWENTY NINETH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: Between: 1. PEDIMENT CONSTRUCTIONS PRIVATE LIMITED, REP BY ITS MANAGING DIRECTOR A SAI SRINIVAS, S/O A.P. DEVADAS, AGED 32 YEARS,OCC CONTRACTOR, D NO 1 SRINIVASAPURAM, TIRUCHANOOR ROAD, TIRUPATI, CHITTOOR DISTRICT. 1. THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY, PANCHAYATRAJ FIS RURAL DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 2. THE CHIEF ENGINEER, PR, VIJAYAWADA, KRISHNA DISTRICT. 3. THE SUPERINTENDING ENGINEE CHITTOOR DISTRICT. 4. THE EXECUTIVE ENGINEER, P.I.U., CHITTOOR, CHITTOOR DISTRICT. 5. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAV DISTRICT. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE TWENTY NINETH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 2578/2024 PEDIMENT CONSTRUCTIONS PRIVATE LIMITED, REP BY ITS MANAGING DIRECTOR A SAI SRINIVAS, S/O A.P. DEVADAS, AGED 32 YEARS,OCC CONTRACTOR, D NO 1-77, GROUND FLOOR, SRINIVASAPURAM, TIRUCHANOOR ROAD, TIRUPATI, CHITTOOR ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY, PANCHAYATRAJ FIS RURAL DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. THE CHIEF ENGINEER, PR, VIJAYAWADA, KRISHNA DISTRICT. THE SUPERINTENDING ENGINEER, PR CIRCLE, CHITTOOR, CHITTOOR DISTRICT. THE EXECUTIVE ENGINEER, P.I.U., CHITTOOR, CHITTOOR THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR ...RESPONDENT(S): IN THE HIGH COURT OF ANDHRA PRADESH [3332] WEDNESDAY,THE TWENTY NINETH DAY OF OCTOBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI PEDIMENT CONSTRUCTIONS PRIVATE LIMITED, REP BY ITS MANAGING DIRECTOR A SAI SRINIVAS, S/O A.P. DEVADAS, AGED 77, GROUND FLOOR, SRINIVASAPURAM, TIRUCHANOOR ROAD, TIRUPATI, CHITTOOR ...PETITIONER THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY, PANCHAYATRAJ FIS RURAL DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. THE CHIEF ENGINEER, PR, VIJAYAWADA, KRISHNA DISTRICT. R, PR CIRCLE, CHITTOOR, THE EXECUTIVE ENGINEER, P.I.U., CHITTOOR, CHITTOOR THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, ATHI, GUNTUR ...RESPONDENT(S): 2 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 a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents in withholding the payment of and final bill amount of Rs.1,01,45,181/- even after finalizing the bills, payable to the petitioner in relation to the work i.e Kandur 79-A, Chinthamakulapalle road allavaripalle road to Erramvaripalle in Somala Mandal of Chittoor District vide Agreement No./2021-22, dt.06.12.2021, is questioned, as the same is illegal, arbitrary and consequently direct the respondents to consider for payment of balance amount of Rs. 1,01,45,181/- with interest @12 percent per annum for the delayed amount to the petitioner in respect of execution of above- mentioned work forthwith and pass such IA 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 respondents to consider for payment of balance amount of Rs.1,01,45,181/- even after finalizing the bills, payable to the petitioner in Kandur 79-A, Chinthamakulapalle roadrelation to the work i.e. Gallavaripalle road to Erramvaripalle in Somala mandal of Chittoor District”, vide Agreement No./2021-22, dt.06.12.2021, forthwith, pending disposal of the Writ Petition and pass such Counsel for the Petitioner: 1. SURESH KUMAR REDDY KALAVA Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING 2. GP FOR PANCHAYAT RAJ RURAL DEV 3 The Court made the following order: The grievance of the petitioner is that even after finalizing the bills, the respondent authorities are withholding the payment of first and final bill amount of Rs.1,01,45,181/- payable to it in relation to work i.e., Kandur 79-A, Chinthamakulapalle road, Gallavaripalle road to Erramvaripalle in Somala Mandal of Chittoor District vide Agreement No. 2021-22, dated 06.12.2021. 2. Heard Sri Suresh Kumar Reddy Kalava, learned counsel for the petitioner, Ms Chandrika, learned Assistant Government Pleader for Panchayat Raj appearing for respondent Nos.1 to 4 and learned Assistant Government Pleader for Finance appearing for respondent No.5. 3. Learned counsel for the petitioner, in elaboration to what has been stated in the affidavit contended that respondent No.3 had awarded the work to the petitioner by entering into an Agreement dated 06.12.2021 and the petitioner duly executed and completed the work on 05.12.2022 and thereafter, submitted the bills. Being satisfied with the execution of works, respondent authorities recorded the same in Measurements Book and prepared the bill on 12.12.2023, However, the admitted balance amount of Rs.1,01,45,181/- payable to the petitioner has not been released till date, despite finalization of the bills. 4. On the other hand, Ms Chandrika, learned Assistant Government Pleader for Panchayat Raj & Rural Development, while reiterating the contents of the counter affidavit filed by the Superintending Engineer, PR Circle, Chittoor, submitted that the gross value of the petitioner’s bill is 4 Rs.1,14,49,608/-. After making statutory recoveries amounting to Rs.13,67,085/-, the net amount payable to the petitioner comes to Rs.1,00,82,523/-. She further submitted that the Executive Engineer, Project Implementation Unit (PIU) has forwarded the said bill to the Pay and Accounts Officer, Chittoor District which was approved for payment vide CFMS Bill No.2024-1344824, dated 16.08.2024. However, the said bill was subsequently cancelled and returned to DDO as per Article 39 and 50 of A.P Financial Code Volume-I. She further submitted that the bill will be uploaded in CFMS Portal, as and when the Government released the budget and sought five months’ time for payment of the said amount. 5. To the said submission, Sri Suresh Kumar Reddy Kalava, learned counsel for the petitioner, reported no objection to the proposed payment and the request for five months’ time and prayed to pass appropriate orders in that regard. 6. In view of the facts and circumstances of the case and taking the submissions of learned counsel for the parties into consideration, as the authorities have expressed their intention to pay the net amount to the petitioner and the petitioner has no objection to receive the same, there is no purpose in keeping this Writ Petition pending. As such, this Court is inclined to dispose of the same, with the consent of both the parties, at the admission stage itself, by passing the following order: “The respondent authorities are directed to release an amount of Rs.1,00,82,523/- (Rupees One Crore Eighty Two 5 Thousand Five Hundred and Twenty Three only) to the petitioner within a period of five (5) months from the date of receipt of a copy of this order. It would be open to the petitioner to agitate its claim for interest, if any, payable by the respondents in an appropriate forum, if so advised.” 6. Accordingly, the Writ petition is disposed of. There shall be no order as to costs. As a sequel thereto, interlocutory applications pending, if any in the Writ Petition, shall also stand closed. ____________________________ JUSTICE RAVI CHEEMALAPATI 29.10.2025 MP 6 228 THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO.2578 OF 2024 29.10.2025 MP