Extracted from the PDF above. The PDF is authoritative.
APHC010045622024
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: 2477 Between:
1. SRI SAI KRISHNA CONSTRUCTIONS, REP. BY ITS MANAGING PARTNER SMT. G. PRATHIMA, W/O. G.MURAII KRISHNA REDDY, 53 YEARS, OFFICE AT 2ND FLOOR, PLOT NO.230, SHIVA NAGAR, HYDERGUDA, RAJENDRA NAGAR MANDAL, HYDERABAD
1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY FINANCE AND PLANNING
DEPARTMENT SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT.(A.P.). 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT WATER
RESOURCE DEPARTMENT, SECRETARIAT BUILDING,
VELAGAPUDI, AMARAVTHI, GUNTUR DISTRICT. (AP). 3. CHIEF ENGINEER, MINOR AND MEDIUM IRRIGATION, 2ND FLOOR, VYSHYA BHAVAN,GOPAL RAO STREET, HANUMANPET, VIJAYAWADA. 4. THE CHIEF ENGINEER, N.T.R.TELUGU GANGA PROJECT, OLD ALIPIRI ROAD, TIRUPATHI. 5. SUPERINTENDING ENGINEERFAC, IRRIGATION CIRCLE, NELLORE. 6. EXECUTIVE ENGINEER, S.P.DIVISION NO.1
SOMASILA, 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: 2477 OF 2024 SRI SAI KRISHNA CONSTRUCTIONS, REP. BY ITS MANAGING PARTNER SMT. G. PRATHIMA, W/O. G.MURAII KRISHNA REDDY, 53 YEARS, OFFICE AT 2ND FLOOR, PLOT NO.230, SHIVA NAGAR, HYDERGUDA, RAJENDRA NAGAR MANDAL, HYDERABAD ...PETITIONER AND THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY FINANCE AND PLANNING
DEPARTMENT SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT.(A.P.). THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT WATER
RESOURCE T, SECRETARIAT BUILDING,
VELAGAPUDI, AMARAVTHI, GUNTUR DISTRICT. (AP). CHIEF ENGINEER, MINOR AND MEDIUM IRRIGATION, 2ND FLOOR, VYSHYA BHAVAN,GOPAL RAO STREET, HANUMANPET, THE CHIEF ENGINEER, N.T.R.TELUGU GANGA PROJECT, OLD ROAD, TIRUPATHI. SUPERINTENDING ENGINEERFAC, IRRIGATION CIRCLE, EXECUTIVE ENGINEER, S.P.DIVISION NO.1
SOMASILA, IN THE HIGH COURT OF ANDHRA PRADESH [3333] WEDNESDAY,THE THIRTY FIRST DAY OF DECEMBER THE HONOURABLE SMT JUSTICE V.SUJATHA SRI SAI KRISHNA CONSTRUCTIONS, REP. BY ITS MANAGING PARTNER SMT. G. PRATHIMA, W/O. G.MURAII KRISHNA REDDY, 53 YEARS, OFFICE AT 2ND FLOOR, PLOT NO.230, SHIVA NAGAR, HYDERGUDA, RAJENDRA NAGAR MANDAL, HYDERABAD-500048. ...PETITIONER THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY FINANCE AND PLANNING
DEPARTMENT SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT.(A.P.). THE STATE OF ANDHRA PRADESH, REP.
BY ITS PRINCIPAL SECRETARY TO GOVERNMENT WATER
RESOURCE T, SECRETARIAT BUILDING,
VELAGAPUDI, CHIEF ENGINEER, MINOR AND MEDIUM IRRIGATION, 2ND FLOOR, VYSHYA BHAVAN,GOPAL RAO STREET, HANUMANPET, THE CHIEF ENGINEER, N.T.R.TELUGU GANGA PROJECT, OLD SUPERINTENDING ENGINEERFAC, IRRIGATION CIRCLE, EXECUTIVE ENGINEER, S.P.DIVISION NO.1
SOMASILA,
ANANTHASAGARAM MANDALAM, S. P.S. NELLORE DISTRICT. 7. THE DIRECTOR OF TREASURIES AND ACCOUNTS, IBRAHIMPATNAM, KRISHNA DISTRICT. 8. THE CHIEF EXECUTIVE OFFICER COMPREHENSIVE FINANCIAL MANAGEMENT SYSTEM, CFMS 6TH FLOOR, C- BLOCK, ANJANEYA TOWERS, IBRAHIMPATNAM , KRISHNA DISTRICT. DISTRICT COLLECTOR, S.P.S.NELLORE DISTRICT,
9. THE SUPERINTENDING ENGINEER, S.S.L.C. AND S.B. CIRCLE, TELUGU GANGA, DARGAMITTA, NELLORE. 10. EXECUTIVE ENGINEER, S.S.L.C. AND S.B.DIVISION NO.3, KOTHURU, S.P.S NELLORE DISTRICT. RR 9 TO 10 ARE IMPLEADED AS PER THE COURTS ORDER DT 12.03.2024 VIDE ORDERS PASSED IN I.A.NO 02 OF 2024
...RESPONDENT(S): Counsel for the Petitioner:
1. D NEEHARIKAREDDY Counsel for the Respondent(S):
1. GP FOR IRRI AND CAD (AP)
2. GP FOR FINANCE PLANNING (AP) The Court made the following:
THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 2477 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 Mandamous declaring the action of the respondents in not paying certified bills for an amount of Rs.19,59,23,625/- (Rupees Ninteen Crores Fifty Nine Lakhs Twenty Three Thousand Six hundred and Twenty Five Only) inclusive of further receivables in respect of work relating to Providing Cement Concrete Lining with Paver to Kandateru Reservoir Left Main Canal From Km. 0.00 to Km.22.625/22.750 TE in SPSR Nellore District vide Agreement SE,IC, Nellore Agreement No.14-SE/2021-22 Dt.18-08-2021 as illegal, arbitrary, vindictive, mala fide, discriminatory and violative of fundamental rights guaranteed under Articles 14, 21 and 19(1)(g) and 300-A of the Constitution of India and consequently direct the respondents to release and pay to the petitioner an amount of Rs. 19,59,23,625/-(Rupees Ninteen Crores Fifty Nine Lakhs Twenty Three Thousand Six hundred and Twenty Five Only) along with 18% interest from 07-03-2023 when the 2nd bill was certified 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.10 filed Counter-Affidavit duly contended at Para 3 of the reads as follows:
3. It is further submitted that on 16.07.2022, two bills were submitted to APAP-IIWA, TGP Nellore and approved by the Assistant Pay and Accounts Officer-II, Works Accounts, TGP Nellore in April, 2023, which are 1. LS 1st & Part Bill: CFMS Bill No. 2022-2548736 for Rs. 16,65,23,893/- and 2. LS 2nd and Part Bill: CFMS Bill No. 2022-2630985 for Rs. 2,64,78,740/-. Both bills were submitted under DDO Code 08421217008 to the Head of Account 4700-
01-123-11-27-530-531VN. These bills were migrated into 2023-2024 financial year with CFMS Bill Nos. 2023-216594 and 2023-240942. However, due to insufficient budge provision, the bills for the completed portion of work could not processed at that time”. 4. In view of the aforesaid submission, the Writ Petition is disposed of, directing the Respondents to pay the aforesaid admitted amount 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
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