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High Court of Andhra Pradesh · body

2025 DAILYLAW 43034 (AP)

M/s. PLR Projects Private Ltd., v. The State of Andhra Pradesh,

WP/14219/2024 · 2025-12-30

V Sujatha

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010282562024 IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY,THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 14219 OF Between: 1. M/S. PLR PROJECTS PRIVATE LTD.,, REP. BY ITS MANAGING DIRECTOR, C. CHANDRASEKHAR REDDY, S/O. LATE VENKATA SUBBA REDDY, AGED ABOUT 57 YEARS, OCC CONTRACTOR, R/O. INWINEXTOWERS, PLOT NO, 130, 3B, 3RD FLOOR, ROAD NO.2, BANJARA HILLS, 1. THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY, IRRIGATION DEPARTMENT (W.R.D), SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 2. THE CHIEF ENGINEER, MEDIUM AND MINOR IRRIGATION, VIJAYAWADA. 3. THE SUPERINTENDING ENGINEER, W.R. DEPARTMENT, IRRIGATION CIRCLE, CHITTOOR. 4. THE EXECUTIVE ENGINEER, I AND CAD, IRRIGATION DIVISION, MADANAPALLE. 5. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 6. ASISSTANT PAY AND ACCOUNTS OFFICER, CHITTOOR IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 14219 OF 2024 M/S. PLR PROJECTS PRIVATE LTD.,, REP. BY ITS MANAGING DIRECTOR, C. CHANDRASEKHAR REDDY, S/O. LATE VENKATA SUBBA REDDY, AGED ABOUT 57 YEARS, OCC CONTRACTOR, R/O. INWINEXTOWERS, PLOT NO, 130, 3B, 3RD FLOOR, ROAD NO.2, BANJARA HILLS, HYDERABAD. ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY, IRRIGATION DEPARTMENT (W.R.D), SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. THE CHIEF ENGINEER, MEDIUM AND MINOR IRRIGATION, SUPERINTENDING ENGINEER, W.R. DEPARTMENT, IRRIGATION CIRCLE, CHITTOOR. THE EXECUTIVE ENGINEER, I AND CAD, IRRIGATION DIVISION, THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, ETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR ASISSTANT PAY AND ACCOUNTS OFFICER, CHITTOOR IN THE HIGH COURT OF ANDHRA PRADESH [3333] WEDNESDAY,THE THIRTY FIRST DAY OF DECEMBER THE HONOURABLE SMT JUSTICE V.SUJATHA M/S. PLR PROJECTS PRIVATE LTD.,, REP. BY ITS MANAGING DIRECTOR, C. CHANDRASEKHAR REDDY, S/O. LATE VENKATA SUBBA REDDY, AGED ABOUT 57 YEARS, OCC CONTRACTOR, R/O. INWINEXTOWERS, PLOT NO, 130, 3B, 3RD FLOOR, ROAD ...PETITIONER THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY, IRRIGATION DEPARTMENT (W.R.D), SECRETARIAT THE CHIEF ENGINEER, MEDIUM AND MINOR IRRIGATION, SUPERINTENDING ENGINEER, W.R. DEPARTMENT, THE EXECUTIVE ENGINEER, I AND CAD, IRRIGATION DIVISION, THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, ETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR ASISSTANT PAY AND ACCOUNTS OFFICER, CHITTOOR ...RESPONDENT(S): Counsel for the Petitioner: 1. SURESH KUMAR REDDY KALAVA Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD 2. GP FOR FINANCE PLANNING The Court made the following: THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 14219 OF 2024 ORDER:- This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “….to issue order or orders, direction or directions, Writ or Writs particularly one in the nature Writ of Mandamus declaring the action of the Respondents in withholding the payment of 1st and Part Bill for an amount of Rs. 12,22,43,264/- (CFMS No.2024-167202) even after finalizing the bills, payable to the petitioner in relation to the work i.e., Formation of New Tank Across Badapala Vanka near Bandakindapalli (V) in Rompicherla (M) of Chittoor District, vide L.S. Original Agreement No.04 SE/2021-22, Dt.31-05- 2021, is questioned, as the same is illegal and arbitrary and consequently direct the respondents to consider payment of the amount of Rs. 12,22,43,264/- (CFMS No.2024-167202 ) with interest @12 % per annum for the delayed amount to the petitioner in respect of the execution of above- mentioned work, forthwith and pass such other orders”. 2. Heard learned counsel for the Petitioner and learned Assistant Government Pleader for Irrigation for the Respondents. 3. The Respondent No.4 filed Counter-Affidavit duly contended at Para Nos. 8 and 9 of the reads as follows: 8. It is respectfully submitted that, as on 18.03.2023 at 56.76% of work was done by the petitioner and for the above work 1st & part bill was prepared for Gross Amount of Rs. 13,58,91,311/- and Net Payable of Rs. 12,22,43,264/-. The 1st & Part bill was uploaded in CFMS for Gross amount of Rs. 13,58,91,311/- & Net payable of Rs. 12,22,43,264/- in CFMS Token No. 2023-987197, dated 10.07.2023.. The LS 1st & Part Bill was migrated to 2024- 167202. The bill was closed as on 31.03.2025 due to year end activity. 9. It is respectfully submitted that, now the bill is pending due to non- availability of budget under the Head of Account: “4702-00-101-11-12-530- 531” (works). Hence the 1st part bill was not sent to Assistant Pay & Accounts Officer, Chittoor for payment. After release of budget to the above Head of Account, the 1st & part bill will be sent to the Assistant Pay & Accounts Officer, Chittoor for payment”. 4. In view of the aforesaid submission, the Writ Petition is disposed of, directing the Respondents to pay the aforesaid admitted amounts to the Petitioner within a period of six (06) months from the date of receipt of a copy of this order. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ____________________ JUSTICE V.SUJATHA Date :31.12.2025 KK