\ 5 IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 32503 OF 2023 Between: 1. M/s. KSR Infrastructure, D.No. 5-4-45, Main Road, Kotturu Village and Mandal, Srikakulam District. Rep.by its Managing Partner, Kovvuri Nagireddy. Kovvuri Nagireddy, S/o. Veerreddy, Aged 41 years, Occ: Contractor, R/o. D.No. 6-27, Ramalayam Street, Ravulapalem. Village and Mandal, Dr. B.R. Ambedicar Konaseema District, 2. ...PETITIONERS < AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Roads and Buildings(R & B) Department, Secretariat, Velagapudi, Amaravathi, Thullur Mandal, Guntur District. The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance Department, Secretariat, Velagapudi, Amaravathi, Thullur Mandal, Guntur District. The Chief Engineer (R & B) Major District Roads, (MDRs), New R & B Building, 5th Floor, M.G.Road, Opp Indira Gandhi Municipal Stadium, Vijayawada. The Superintending Engineer, R & B Circle, Srikakulam, Srikakulam District. The Executive Engineer, R & B Division, Srikakulam, Srikakulam District. The Director of works and Account Officer, Nidhi Bhavan, Mangalagiri IT Park, Behind APIIC Building, Mangalagiri, Guntur District. 1. 2. 3. 4. 1/ 5. 6. 7. The Pay and Accounts Officer, Works and Accounts Department, Srikakulam, Srikakulam District. .^4 ...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 a Writ, Order, or Direction more particularly one in the nature of WRIT OF MANDAMUS or any other appropriate writ or direction declaring the action of the respondents in not releasing the payments for the works i.e., Special Repairs to (1) P-H Road to K-M Road (via) Mohan Colony from Km 0/0 to 5/3 (2) Kodisa to Vondrujola Road from Km 0/0 to 8/0 in Srikakulam District through the Agreement CR.No. /2021-2022 dated 14- 03-2022 for an amount of Rs. 1,27,45,271/- as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondent authorities to release Rs. 1,27,45,271/- for the pending final bills forthwith for the above said works executed by the petitioner. lA NO: 1 OF 202.^ 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 respondents to consider for 1,27,45,271/-for the pending final bills for the works petitioners i.e.. Special Repairs to (1) P-H Road to K-M Road payment of amount of Rs. executed by the (via) Mohan to 8/0 Colony from Km 0/0 to 5/3 (2) Kodisa to Vondrujola Road from Km 0/0 in Srikakulam District through the Agreement CR.No./ 2021-<2022 dated 14- 03-2022 for an amount of Rs. 1,27,46,271/-forthwith. pending disposal of the main Writ Petition. Counsel for the Petitioner: SRI RAMBABU KOPPINEEDI Counsel for the Respondent Nos.1, 3 to 5: GP FOR ROADS BUILDINGS Counsel for the Respondent Nos.2,6 & 7: GP FOR FINANCE AND PLANNING The Court made the following: ORDER APHC010629422023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) hSS [3331] TUESDAY. THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 32503/2023 Between: Ksr Infrastructure and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1.RAMBABU KOPPINEEDI Counsel for the Respondent(S): 1.GP FOR ROADS BUILDINGS 2.GP FOR FINANCE PLANNING The Court made the following: :: ORDER :: The above writ petition is filed to declare the inaction of respondent authorities in releasing the payments, for the works done i.e. special repairs to (1) P-H road to K-M road (via) Mohan Colony from Km 0/0 to 5/3 (2) Kodisa to Vondrujola road from km 0/0 to 8/0 in Srikakulam District, in pursuance of the SRS.J W.P.No,32503 of 2023 agreement \//cfe L.S.Agreement Cr.No;Nil/2021 (Ex.P1), is illegal and arbitrary. -2022. dated 14.03.2022 2. Heard Sri Rambabu Koppineedi, learned learned Assistant Government Pleader counsel for the petitioners and for Roads & Buildings appeared for respondents 1, 3 & 5 and Smt. D. Naga Chandrika, learned Government Pleader for Finance, Assistant appeared for respondents 2, 6 & 7. 3. On 19.12.2023, the writ petition was adjourned at the request of the for Roads and Buildings to writ petition was listed learned Assistant Government Pleader instructions. Thereafter the secure on three occasions, no counter-affidavit has been filed. On 12.03.2025, this Court passed the following order; However, At request of learned Government Pleader, list the matter finally on 19.03.2025. This Court makes it clear that if the respondents fail to file counter affidavit / get instructions, by the next date of hearing respondent No.4 shall appear before this Court along with records." On 25.03.2025, submitted the instructions. Learned counter-affidavit. Hence, the matter 4. respondent No.4 appeared before this Court and Government Pleader seeks time to file was listed on today. 5. Today, when the matter i the learned Assistant Government eader submitted the instructions of the Superintending Engineer, R&B Of the instructions are extracted herewith: Circle, Srikakulam. Para Nos.1 & 2 1. I submit that the above sanctioned for Rs.234.00 lakhs Account 3054-04-105-SH(07)-270/272 entrusted to M/s KSR Infrastructu subject work was administratively under MDR-SR against the Head of O.E. and the work re. D.No.5-4-45, Main Road, Kotturu was SRS.J W.P.No.32503 of 2023 (V&M), Srikakulam District entrusted on nomination at original agreement rates over than the E.C.V for Rs.1,91,72,609/- an amounting into Rs.90.62.942/- under 60 (C) The work handed over on 14.3.2022 with a stipulated period for completion on or before 13.09.2022. The work was completed in ail aspects. The L.S.1®‘ & final bill for Rs.1,27,45,271/- was prepared and uploaded in CFMS vide Bill No.2023-1248223. The bill was not moving to next level due to insufficient budget. This status has already been informed to the Engineer-in-Chief (R&B) MDR, Vijayawada for arranging the budget, so as to enable the bill tomove to next level.” 2. \ 6. As seen from the instructions, there is no dispute regarding the completion of works in all aspects and uploading of bills in the CFMS portal. The instructions further disclose that the bills were not moved to the next level, due to insufficient budget and the status had already been informed to the Engineer-in-Chief (R&B) MDR, Vijayawada. Since there is no dispute regarding the petitioner’s entitlement, the writ petition is maintainable. In M/s Utkal Highways Engineers and Contractors v. Chief General Manager & Ors. (In SEP (C) No. 14350/2022) it was held at Para No.8 as under: 7. “Be that as it may, the High court has not dealt with the merits of the writ petition. Moreover, it is not an inviolable rule that no money claim can be adjudicated upon in exercise of writ jurisdiction. Non-payment of admitted dues, inter alia, may be considered an arbitrary action on the part of respondents and for claiming the same, a writ petition may lie.” Given the facts and circumstances of the case, the Writ Petition is disposed of, at the admission stage with the consent of both the learned counsel, directing the respondent authorities to release the amount of 8. SRS,J W.P,No.32503 of 2023 Rs.1.27,45,271/- to the petitioners, in respect of the aforementioned works, within five (05) 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. S'd/- P VINOD KUMAR assistant registrar SECT10N%^1CER //TRUE COPY// To, 1. The Principal Secretary, Roads and Buildings(R & B) Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Thullur Mandal, Guntur District. 2. The Principal Secretary, Finance Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Thullur Mandal, Guntur District. 3. The Chief Engineer (R & B) Major District Roads (MDRs), New R & B Building, 5th Floor, M.G.Road, Opp Indira Gandhi Municipal Stadium, Vijayawada. 4. The Superintending Engineer, R & B Circle, Srikakulam, Srikakulam District. 5. The Executive Engineer, R & B Division, Srikakulam District. Srikakulam 6. The Director of works and Account Officer, Nidhi Bhavan, Mangalagiri IT Park, Behind APIIC Building, Mangalagiri, Guntur District. 7. The Pay and Accounts Officer, Works and Accounts Department, Srikakulam, Srikakulam District. 8. One CC to Sri Rambabu Koppineedi, Advocate [OPUC] 9. Two CCS to GP for Roads and Buildings, High Court of Andhra Pradesh. [OUT] 10. Two CCS to GP for Finance and Planning, High Court of Andhra Pradesh. [OUT] 11. Three CD Copies. ssb high court \ DATED:29/04/2025 ORDER WP.No.32503 of 2023 g tC SEP 2025 ^ ^ . Current section m,