[3331 ] IN THE HIGH COURT OF ANDHRA PRADESH :: (Special Original Jurisdiction) TUESDAY ,THE TWENTY NINETH DAY OF APRIL I TWO THOUSAND AND TWENTY FIVE AMARAVATI fj % W PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 1616 OF 2024 Between: M/s.Srinivasa Edifice Private. Limited, Rep. by its Managing Director, Y.V.Krishna Mohan, S/o.late Y.J.M.Prasad, R/o.D.No.506, Prathibha Apartments, Sebastian Telangana. Aged about 56 years. Road, Secunderabad, ...PETITIONER AND 1- The State of Andhra Pradesh, Rep. by its Principai Secretary, Roads Secretariat Buildings, Velagapudi, and Building Department,' Amaravathi, Guntur District. 2. The Chief Engineer, (R & B) N.H. District. 3. The Superintending Engineer, (R District. 4. The Executive Engineer,, (R.& B) N. H. Division, Vijayawada, Krishna District. & C.R.F., Vijayawada, Krishna & B), circle, Vijayawada, Krishna ■'n' 5. The State of Andhra Pradesh, Rep. by its Principal Secretary Department of Finance & Planning, Secretariat Buildings Velagapudi Amaravathi, Guntur District. ...RESPONDENTS / Petition under Article 226 of the Constitution of India is filed 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 declaring the action of the Respondents in withholding the payment of final bill amount of Rs.67,17,115/- even after finalizingthe bills, payable to the petitioner in relation to the work i.e. Flood Damage Repairs to NH 167 AD (Macherla - Dachepally road) from Km 192/380 198/535 to 200/075 ih Guntur District of Andhra Pradesh (By passed stretches of Rehtachintaia and Gurzala) vide L.S. C.R. Agreement No. 35 /2022-23, dated 06.01.2023 is questioned, as the same is illegai, arbitrary to consider for payment of to 194/578 and Km and consequently direct the respondents Rs.67,17,115/- with interest @T2percent to the petitioner in respect of execution of above-mentioned work forthwith. lA NO: 1 OF 2094 per annum for the delayed amount Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pieased to direct the respondents to consider for payment and amount of Rs.67,17,115/- even after finalizing the bills, payable to the petitioner in relation to the works i.e., “Flood Damage Repairs to NH 167 AD (Macherla-Dachepally road) from Km 192/380 to 194/578 and Km 198/535 to 200/075 in Guntur district of Andhra Pradesh (By passed stretches of Rentachintala and Gurazala)” vide L.S. dated 06-01-2023 pending disposal of the Writ Petition. Counsel for the Petitioner: SRI SURESH KUMAR REDDY KALAVA (Ap")"*^ for the Respondents N6.1 to 4: GP FOR ROADS BUILDINGS C.R.Agreement No. 35/2022-23 Counsel for the Respondent No.S: GP FOR FINANCE PLANNING The Court made the following: Order (AP) APHC010028222024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] a# TUESDAY .THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 1616/202 4 THE Between: M/s.Srinivasa Edifice Private Limited r ...PETITIONER AND ...RESPONDENT{S) The State Of Andhra Pradesh and Others Counsel for the Petitioner; 1.SURESH KUMAR REDDY KALAVA Counsel for the Respondent{S): 1 .GP FOR ROADS BUILDINGS (AP) 2.GP FOR FINANCE PLANNING (AP) The Court made the following: :: ORDER:: The above writ petition is filed to declare the action of respondent withholding the payments and finalizing the bill for an amount of authorities in Rs.67,17.115/- for the work done i.e. Flood Damage Repairs to NH 167AD Dachepally road) from KM.192/380 and KM.198/535 to 200/075 of Andhra Pradesh (Bypasse stretches of Rentachintala and (Macherla - in Guntur District Gurazala), in pursuance No,35/2022-23, dated 06.01.2023, is illegal and arbitrary. of the agreement vide L.S.C.R.Agreement 4-ty SRS.J W.P.No.1616 of 2024 2. Heard learned counsel appearing on either side. 3. A counter affidavit was filed on behalf of the counter affidavit is extracted herewith; respondent No.3. Para No.4 of 4. Without adverting to each of the is respectfully submitted the for want of Budget in the 12-05-270-272.' It i* averments in the Writ Petition, it respondent No.4 could not upload the bill, corresponding Head of Account 3054-01-337- ts necessary to submit that the instant respondent is taking steps and has initiated the process for allocation of budget to the ‘^P’°3^'rig the bill. Hence, the letter addressed to Engineer-in-Chief (R&B) NH & CRF officer letter No.LOC/FDR/A2/2025 13.08.2024 & 19.03.2025 for said Head of Account for the was , Vijayawada this Dt. 10.04.2024 23.05.2024, releasing the Budget under the FDR, Head of Account. It is submitted that. once the Budget Release order i issued by the Respondent No.5 (Finance Department), bill would be uploaded in NIDHI Portal furnished to Officer, WA, Vijayawada for making IS , the above work Pay Accounts payment to the Petitioner herein.” 4. Thus, as seen from the averments made in the counter affidavit of respondent No.3, there is no dispute regarding completion of work and the petitioner’s entitlement. Since there i no dispute regarding the petitioner’s is maintainable. In M/s Utkal Highways Engineers V. Chief General Manager & Ors. (In SLP IS entitlement, the writ petition i and Contractors (C) No. 14350/2022) it was held at Para No.8 as under; Be that as it may, the High court has not dealt with the petition. Moreover, it is not an inviolable rule that adjudicated upon in exercise of writ jurisdiction, admitted dues, inter alia, i part of respondents and for claiming the merits of the writ no money claim can be Non-payment of may be considered an arbitrary action on the same, a writ petition may lie. 5. Given the facts and circumstances of the disposed of, at the admission case, the Writ Petition is stage with the consent of both the learned „Page 3 of 4 SRS,J W.P.No.1616 Of 2024 counsel, directing the respondent authorities to pay an amount of Rs.67,17,115/- to the petitioner regarding the execution of aforementioned work, within four (04) months from the date of receipt of a copy of the order. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- G HELA NAIDU ASSISTANT REGISTRAR ' V'\,A/V //TRUE COPY// I! SECTION OFFICER To, 1. The Principal Secretary, Roads and Building Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. c 2. The Principal Secretary, Department of Finance & Planning,State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.[1 & 2 By Special Messenger] 3. The Chief Engineer, (R & B) N.H. & C.R.F., Vijayawada, Krishna District. 4. The Superintending Engihelei) (R & B), circle, Vijayawada, Krishna District. 5. The Executive Engineer,, (R & B) N. H. Division, Vijayawada, Krishna District.[3 TO 5 by RPAD] " 6. One CC to SRI. SURESH KUMAR REDDY KALAVA Advocate [OPUC] 7. Two CCS to GP FOR ROADS BUILDINGS (AP) .High Court Of Andhra Pradesh. [OUT] 8. Two CCS to GP FOR FINANCE PLANNING (AP) .High Court Of Andhra Pradesh. [OUT] 9. Three CD Copies HIGH COURT DATED;29/04/2025 ORDER WP.No.1616 of 2024 THE WRIT PETITION IS DISPOSED OF WITHOUT COSTS