APHC010557072025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY,THE SEVENTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 28743/2025 Between: 1. M/S. HARICONS ENGINEERS AND CONTRACTORS, , HUBIL J.V WITH SRI KOMMI CHANDRA SEKHAR, HUBLI SHOP NO.01, 3RD FLOOR, D-BLOCK SHINDHI COMPLEX, NEELIGIN ROAD NCM HUBLI, 580029, KARNATAKA. REP. BY ITS AUTHORIZED SIGNATORY KOMMI CHANDRASEKHAR, S/O VENKATASUBBAIAH, AGED ABOUT 52 YEARS, R/O BLOCKNO.FTF-01, 3RD FLOOR, GKRS DIVYA, ENSHRINE APPARTEMENTS VIDYA NAGAR, HUBIL, DHARWAD, KARNATAKA. ...PETITIONER AND 1. THE PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, A.P SECRETARIAT BUILDINGS VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH-522 238 2. THE PRINCIPAL SECRETARY TO GOVERNMENT PUBLIC HEALTH AND MUNICIPAL ENGINEERING DEPARTMENT, A.P SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH-522 238 3. THE PROJECT DIRECTOR, ANDHRA PRADESH URBAN WATER SUPPLY SEPTAGE MANAGEMENT IMPROVEMENT PROJECT (APUWSSMIP), D.NO.54-15-5, DHOOM COMPLEX OPP. VENUE CONVENTION CENTRE SRINIVASA NAGAR, BANK COLONY VIJAYAWADA, ANDHRA PRADESH-522 008 2 4. THE DIRECTOR OF WORKS AND ACCOUNTS, NIDHI BHAVAN FLOOR, BEHIND APIIC BUILDING MANGALAGIRI, GUNTUR DISTRICT 5. THE ENGINEERIN CHIEF PUBLIC HEALTH DEPARTMENT, FLAT NOS. 504 AND 601, GARUDA APARTMENTS TADEPALLI, GUNTUR DISTRICT, ANDHRA PRADESH-522 501 6. THE SUPERINTENDING ENGINEER, PUBLIC HEALTH CIRCLE, NELLORE NELLORE DISTRICT, ANDHRA PRADESH 7. THE EXECUTIVE ENGINEER, PUBLIC HEALTH CIRCLE, GUNTUR NELLORE DISTRICT, ANDHRA PRADESH ...RESPONDENT(S): 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 pleased to issue a Writ Order or direction more particularly one in the nature of Writ of Mandamus declare the action of the respondents i In not releasing the Bank Guarantees payable to the petitioner for an amount of Rs 4,82,47,278/- (Four Crores Eight Two Lakhs Fourty Seven Thousand Two hundred and Seventy Eight Rupees) ii In not paying the Price variation amounts on the proposed The total amount of Rs 7,70,39,047/- ii) In not paying the pending bills of Rs 4,02,50,075/- (iv) In not paying the expenses on Bank Guarantees renewal of RS.1,37,25,790/-. (v) In not paying the interest of 6percent per annum with effect from the date when the bills were submitted by the petitioner as per direction of the Honble Court in W.A No. 724 of 2021 and W.A No. 599 and 604 of 2023 and batch. in relation to under contract vide S.E(P.H) Agreement - 15/2018- 19, dated 14-02-2019 of work namely Providing water supply Distribution System including House Service Connections, AMR Water Meters and SCADA with 0 and M for a period of 7 years for Naidupeta, Nagar Panchayat and Nellore Municipal Corporation in SPSR Nellore District, Andhra Pradesh, as the same is arbitrary, illegal, unconstitutional and violation of well settled principles of natural justice, and consequently direct the respondents to release and pay an amounts payable to the petitioner of Bank Guarantees, Price Variations, Bank Guarantees and interest on the amounts submitted by the petitioner and to pass such. 3 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 may be pleased to direct the respondents not to take any coercive action by encasing bank guarantees with respect Agreement - 15/2018-19, dated 14- 02- 2019 of work namely Providing water supply Distribution System including House Service Connections, AMR Water Meters and SCADA with 0 & M for a period of 7 years for Naidupeta, Nagar Panchayat and Nellore Municipal Corporation in SPSR Nellore District, Andhra Pradesh and to pass such Counsel for the Petitioner: 1. RAMINENI SUDHEER Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING The Court made the following: 4 ORDER:- The learned counsel for the petitioner submits that the petitioner was awarded the work of providing water supply distribution system including house service connections, AMR water meters and SCADA with O & M for a period of 7 years in Naidupeta, Nagar Panchayat and Nellore Municipal Corporation, SPSR Nellore District, Andhra Pradesh, vide Agreement No.15/2018-19, dated 14.02.2019. 2. The learned counsel further submits that the petitioner duly executed the work and thereafter submitted final bills towards expenses for renewal of Bank Guarantees and other of Rs.1,37,25,790/-, Bank Guarantees of amount of Rs.4,82,47,278/-, and pending bills of Rs.4,02,50,075/-, total amount of Rs.7,70,39,047/-. It is submitted that the final bills were duly endorsed by the competent authority. A statement detailing the work executed by the petitioner was prepared, and the progress of the work was recorded in the M-book. However, in spite of the completion of all procedural formalities, the payment towards the completed work has not been released till date. 3. Heard the submissions of the learned counsel for the petitioner, the learned Government Pleader for Public and Health, and the learned Assistant Government Pleader for Finance and Planning. 4. During the course of hearing, the learned Assistant Government Pleader appearing for the respondents does not dispute the submissions made by the petitioner with respect to the completion of work undertaken. 5 5. Considering the submissions, the concerned respondents are hereby directed to verify and release the payments due payable to the petitioner as expeditiously as possible preferably within a period of six (06) weeks from the date of receipt of a copy of this order. 6. Accordingly, this writ petition is disposed off. There shall be no order as to costs. 7. Pending miscellaneous petitions, if any, shall stand closed. ____________________ JUSTICE HARINATH.N Dt: 17.10.2025 SR