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High Court of Andhra Pradesh · body

2025 DAILYLAW 46357 (AP)

M/S.P.T.R Brothers Projects., v. The State of Andhra Pradesh,

WP/25345/2025 · 2025-12-22

V Sujatha

body2025

Judgment text

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APHC010482042025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY,THE TWENTY THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 25345/2025 Between: 1. M/S.P.T.R BROTHERS PROJECTS.,, REP.BY.LTS MANAGING PARTNER, P. KEERTHI REDDY W/O. P. THIRUPATHI REDDY, AGE. 50 YEARS, D/O. 1-1226-A, NEAR VINAYAKATEMPLE,BANGLATHOTA , NAWABPET,NELLORE , ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION DEPORTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR. 2. THE DISTRICT COLLECTOR AND MAGISTRATE, NANDYAL DISTRICT. 3. THE SUPERINTENDING ENGINEER, SRBC CIRCLE NO.1,NANDYAL, NANDYALDISTRICT. 4. THE EXECUTIVE ENGINEER, SRBC DIVISION,GORUKALLU, NANDYAL, NANDYAL DISTRICT. 5. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FINANCE AND PLANNING SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. ...RESPONDENT(S): 2 VS,J W.P.NO.25345 OF 2025 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 an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the payments of Rs. 6,28,99,017/- ( Six Crores Twenty Eight Lakhs, Ninety Nine Thousand Seventeen Rupees only) even after finalizing the bills payable to the petitioner in relation to the works i.e.' /. Improvements to existing bituminous road from panyam NH(40) Road Junction (i.e.from 301/6 Km of NH Road no.18) to Durvesi(Bata)via Gorukallu village in panyam constituency of nandyal district,Agreement no.02SE/2024-24- 25,Date. 22.02.2025..and pass IA NO: 1 OF 2025 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 Pleased to direct the respondents to forthwith consider releasing the amounts RS. 6,28,99,017/- ( Six Crores Twenty Eight Lakhs, Ninety Nine Thousand Seventeen Rupees only) payable to the petitioner herein, pending disposal of the writ petition and pass Counsel for the Petitioner: 1. DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD 2. GP FOR FINANCE PLANNING The Court made the following: 3 VS,J W.P.NO.25345 OF 2025 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 25345/2025 ORDER:- This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: <….to issue an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the payments of Rs.6,28,99,017/- ( Six Crores Twenty Eight Lakhs, Ninety Nine Thousand Seventeen Rupees only) even after finalizing the bills payable to the petitioner in relation to the works i.e.,<I.Improvements to existing bituminous road from panyam NH(40) Road Junction (i.e., from 301/6 Km of NH Road No.18) to Durvesi(Bata)via Gorukallu village in panyam constituency of Nandyal District, Agreement No.02SE/2024-24- 25,Date. 22.02.2025.= 2. The petitioner is a civil contractor executing works for the R&B Department, Panchayat Raj Department and other Government Departments. Pursuant to the tender notification issued on nomination basis by the District Collector and Magistrate, Nandyal, the petitioner was awarded the subject work and an agreement was entered into with the respondents. The petitioner completed the work within the stipulated time and to the satisfaction of the respondents, and the bills were duly prepared and forwarded for payment. However, the respondents have illegally withheld the amounts payable to the petitioner, despite completion of the work. Challenging which, the present writ petition is filed. 4 VS,J W.P.NO.25345 OF 2025 3. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Irrigation appearing for the respondents. 4. The 4th respondent has filed a counter affidavit, duly stating that the District Mines and Geology Officer, Nandyal, submitted the bill through CFMS Portal for payment of RS.6,28,99,017/- (including deduction charges) on 05.07.2025 and same was approved by the Collector and District Magistrate and Chairperson of District Mineral Fund Trust, Nandyal on 13.10.2025. The bill was approved and processed vide CFMS Token No.2025-1672528 and that the present status of the bill is <Waiting for Fund Clearance.= 5. In view of the categorical admission made by the 4th respondent that the bill has been duly approved and processed through CFMS portal and that only fund clearance is awaited, this Court is of the opinion to dispose of the writ petition by directing the respondents to pay the said admitted amount within a period of eight (08) months from the date of receipt of copy of this order. 6. Accordingly, the Writ Petition is disposed of. 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 :23.12.2025 JLV 5 VS,J W.P.NO.25345 OF 2025 185 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 25345/2025 Dt.23.12.2025 JLV