APHC010036072025 IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION BETWEEN: K Prathap The State of AP and Others Counsel for the Petitioner: 1. RAM BABU DEVAVARAPU Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR AGRICULTURE 3. GP FOR FINANCE The Court made the following: IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No. 2141/2025 ...Petitioner AND and Others ...Respondent(s) Counsel for the Petitioner: RAM BABU DEVAVARAPU Counsel for the Respondent(S): GP FOR PANCHAYAT RAJ RURAL DEV GP FOR AGRICULTURE GP FOR FINANCE PLANNING The Court made the following: IN THE HIGH COURT OF ANDHRA PRADESH [3330] THE TWENTY FIFTH DAY OF FEBRUARY THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO ...Petitioner ...Respondent(s) 2 ORDER: The present Writ Petition is filed under Article 226 of Constitution of India for the following relief/s: “pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in not releasing the bill amounts admittedly due to the petitioner despite successful completion of aforesaid work as per the Proceedings No.Engg(1) 59/2015, dated 02.2017 for 10 lakhs, in M. Book Number 12166-A for the executed by it, withholding the payment of proposed pending bill/balance amount of Rs.9,98,621/- even after finalizing the bills payable to the petitioner for Construction of MAO Building at Satyavedu of Sathyavedu mandal in Chittoor District (Tirupathi District and approved for payment, even after completion of defect liability period and inspite of repeated requests, as illegal, arbitrary, discriminatory, unjust enrichment, violative of Articles 14, 19 and 21 of the Constitution of India, apart from being contrary to the orders of this Hon’ble Court issued from time to time and consequently direct the respondents to forthwith release pending bill/balance amount admittedly due to the petitioner in respect of aforesaid works along with interest accrued thereon and pass such other order or orders……. 3 2. Precisely the Writ Petition is filed seeking a direction to the respondents to pay the amounts for the work executed by the petitioner herein. 3. The Joint Director of Agriculture (Engg.) through proceedings dated 25.02.2025 has addressed a letter to the Government Pleader for Agriculture, High Court of Andhra Pradesh. The relevant paragraphs are hereby extracted for effective disposal of the Writ Petition. It is to submit that vide reference cited, Sri K Pratap (Contractor) S/o. Sundarrami Reddy, R/o. Dasukuppam (V), Satyavedu (M), Tirupati district (erstwhile Chittoor district) have filed a writ petition (WP No.2141/2025) in Hon'ble High Court of AP with a prayer to direct the respondents to release the bill amount of Rs.9,98,621/- towards Construction of MAO building at Satyavedu (V & M), Tirupathi district (erstwhile chittoor district). It is respectfully stated that, this office vide letter no. AGC02- 31025/1/2025-ENGSEC-AGRHOD,dated 09.01.2025 have issued instructions to the Executive Engineer, Panchayat Raj Division, Tirupati (Work Executing Agency) for submission of bill in CFMS portal for an amount of Rs.9,98,621/- towards Construction of MAO building at Satyavedu (V & M), Tirupathi district (erstwhile chittoor district) in new head of account provided by the government. Further, it is respectfully submitted that vide letter no.ROC/Supdt/MAO buildings/2017 dated 29.01.2025, the 4 Respondent no.4 (the Executive Engineer, Panchayat Raj Division, Tirupati) have informed this office that, they have presented the bill in CFMS portal vide id no.2024-9041714. In view of the above, it is respectfully prayed that, the Respondent 5 (the Director of Agriculture, AP, Guntur) has already taken all measures possible to enable the Executive Agency to submit bills in CFMS portal without any lapses in the end of respondent no.5. Also, there is no wanton delay on part of respondent no.5. Hence, it is respectfully prayed to the Hon'ble High Court of AP is to pass any order (or) orders as deemed fit in the nature of justice. 4. Learned counsel for the respondent raised contention that the 5th respondent has taken all measures possible to enable the submitted bills in the CFMS Portal without any lapses on the part of the 5th respondent and there is no wanton delay on the part of the 5th respondent. Hence, prayed to pass any orders which are deemed fit in the nature of justice. 5. Learned counsel for the respondents neither disputed the execution of work by the petitioner nor payment due to the petitioner herein but they only sought more time for payment. 6. Therefore, the Writ Petition is disposed of directing the respondents to pay admitted amounts due to the petitioner herein within a period of eight weeks from the date of receipt of the order, failing which, the petitioner is entitled for interest @ 6% per 5 annum from the date of Writ Petition till the date of realization of the amount. There shall be no order as to costs. As a sequel, interlocutory applications, if any pending in this Writ Petition shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 25.02.2025 Harin 6 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHARA RAO 111 W.P.No. 2141 OF 2025 Date: 25-02-2025 Harin