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2025 DAILYLAW 47504 (AP)

M/S.Paidala.Thirupathi Reddy and Brothers v. The State of Andhra Pradesh,

WP/16414/2024 · 2025-05-04

Subba Reddy Satti

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010322412024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY ,THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 16414/2024 Between: M/s.paidala.thirupathi Reddy And Brothers ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. VENKAT CHALLA Counsel for the Respondent(S): 1. GP FOR ROADS BUILDINGS 2. GP FOR FINANCE PLANNING The Court made the following ORDER: Heard Ms.K.Devasri Roshan, learned counsel for the petitioner, Sri Rasheed Basha, learned Assistant Government Pleader for Roads & Buildings for respondents 1 to 4 and Smt.Naga Chandrika, learned Assistant Government Pleader for Finance for 5th respondent. 2. The above writ petition is filed to declare the action of respondents in withholding the Part-I payments of pending amount of Rs.34,25,92,005/- even after finalizing the bills payable to the petitioner in relation to the work “Improvements to the roads from K.M.12/0 to 33/8 of Garladinne-Brugula- Kona road in Kurnool District”, as illegal and arbitrary. 2 3. Learned counsel for the petitioner would submit that in pursuance of Agreement No.91/2022-23 in relation to the aforementioned work, the petitioner executed and completed the Part-I work within stipulated time. However, the respondents failed to release the amount. 4. A counter-affidavit was filed by the 3rd respondent. In Para 6 of the counter-affidavit, it was pleaded as under: “It is respectfully submitted that, the work done quantities are recorded by the Assistant Executive Engineers and the same was accepted by the agency in the M-Book. Accordingly, the Deputy Executive Engineers has checked the measurements recorded quantities in the M-Book for making payment. Accordingly, the Deputy Executive engineer (R&B) Sub-Division, Dhone has submitted 1st & Part Bill in NIDHI portal vide ID No.2024-173133 for Rs.34,25,92,003/- duly approved and forwarded to the Finance department, Government of Andhra Pradesh.” 5. Thus, as seen from the averments of the counter-affidavit, there is no dispute regarding execution of work and petitioner’s entitlement. 6. Given the facts and circumstances of the case, the writ petition is disposed of at the admission stage directing the respondent authorities to pay the amount of Rs.34,25,92,003/- to the petitioner within Six (6) months from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 05.05.2025 KA 3 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 16414/2024 Date: 05.05.2025 KA