APHC010282542024 IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY,THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 14208 OF Between: 1. M/S. PLR PROJECTS PRIVATE LTD.,, REP. BY ITS MANAGING DIRECTOR, C. CHANDRASEKHAR REDDY, S/O. LATE VENKATA SUBBA REDDY, AGED ABOUT 57 YEARS, OCC. CONTRACTOR, R/O. INWINEX TOWERS, PLOT NO, 130, 3B, 3RD FLOOR, ROAD NO.2, BANJARA HILLS, 1. THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY, IRRIGATION DEPARTMENT (W.R.D), SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 2. THE CHIEF ENGINEER, MEDIUM AND MINOR IRRIGATION, VIJAYAWADA. 3. THE SUPERINTENDING ENGINEER, W.R. DEPARTMENT, IRRIGATION CIRCLE, CHITTOOR. 4. THE EXECUTIVE ENGINEER, I AND CAD, IRRIGATION DIVISION, MADANAPALLE, CHITTOOR DISTRICT 5. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 14208 OF 2024 M/S. PLR PROJECTS PRIVATE LTD.,, REP. BY ITS MANAGING DIRECTOR, C. CHANDRASEKHAR REDDY, S/O. LATE VENKATA SUBBA REDDY, AGED ABOUT 57 YEARS, OCC. CONTRACTOR, R/O. INWINEX TOWERS, PLOT NO, 130, 3B, 3RD FLOOR, ROAD NO.2, BANJARA HILLS, HYDERABAD. ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY, IRRIGATION DEPARTMENT (W.R.D), SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. THE CHIEF ENGINEER, MEDIUM AND MINOR IRRIGATION, SUPERINTENDING ENGINEER, W.R. DEPARTMENT, IRRIGATION CIRCLE, CHITTOOR. THE EXECUTIVE ENGINEER, I AND CAD, IRRIGATION DIVISION, MADANAPALLE, CHITTOOR DISTRICT THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR IN THE HIGH COURT OF ANDHRA PRADESH [3333] WEDNESDAY,THE THIRTY FIRST DAY OF DECEMBER THE HONOURABLE SMT JUSTICE V.SUJATHA M/S. PLR PROJECTS PRIVATE LTD.,, REP. BY ITS MANAGING DIRECTOR, C. CHANDRASEKHAR REDDY, S/O. LATE VENKATA SUBBA REDDY, AGED ABOUT 57 YEARS, OCC. CONTRACTOR, R/O. INWINEX TOWERS, PLOT NO, 130, 3B, 3RD FLOOR, ROAD ...PETITIONER THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY, IRRIGATION DEPARTMENT (W.R.D), SECRETARIAT THE CHIEF ENGINEER, MEDIUM AND MINOR IRRIGATION, SUPERINTENDING ENGINEER, W.R. DEPARTMENT, THE EXECUTIVE ENGINEER, I AND CAD, IRRIGATION DIVISION, THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR 6. ASISSTANT PAY AND ACCOUNTS OFFICER, CHITTOOR, CHITTOOR DISTRICT ...RESPONDENT(S): Counsel for the Petitioner: 1. SURESH KUMAR REDDY KALAVA Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD 2. GP FOR FINANCE PLANNING The Court made the following: THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 14208 OF 2024 ORDER:- This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “….to issue order or orders, direction or directions, Writ or Writs particularly one in the nature Writ of Mandamus declaring the action of the Respondents in withholding the payment of the 2nd and Part Bill for an amount of Rs.6,78,33,259/- even after finalizing the bills payable to the petitioner in relation to the work i.e “Formation of New Tank Across Badapala Vanka, near Bandakindapalli (V) in Rompicherla (M) of Chittoor District, vide L.S.Original Agreement N0.04 SE/2021-22, Dt 31.05.2021 is questioned as the same is illegal and arbitrary and consequently direct the respondents to consider payment of the amount of Rs.6,78,33,259/- with interest at 12% per annum for the delayed amount to the petitioner in respect of the execution of abovementioned work forthwith and pass such other orders”. 2. Heard learned counsel for the Petitioner and learned Assistant Government Pleader for Irrigation for the Respondents. 3. The Respondent No.4 filed Counter-Affidavit duly contended at Para Nos.8 and 9 of the reads as follows: 8. It is respectfully submitted that, as on the date 10-02-2024 of Stoppage of work Petitioner agency completed 86.05% of work only and for the above work 2nd & part bill was prepared for Gross Amount of Rs. 7,04,93,288/- and Net Payable of Rs. 6,62,86,917/-. The Quality Control Certificate was issued by the Executive Engineer, Quality Control Division, Nellore vide Ref.No.194/2023-2024, dated 17.02.2024 for an amount of Rs. 6,11,28,328/-. The 2nd & Part bill was uploaded in CFMS fior Gross Rs. 7,04,93,288/- & Net payable of Rs. 6,62,86,917/- in CFMS Token No. 2024- 1843585, dated 25.11.2024. The bill was approved by Assistant Pay and Accounts Officer, Chittoor. The bill was closed as on 31.03.2025 due to year end activity. 9. It is respectfully submitted that, now the bill is pending due to non- availability of budget under the Head of Account: “4702-00-101-11-12-530- 531” (works). Hence the 2nd part bill was not sent to Assistant Pay & Accounts Officer, Chittoor for payment. After release of budget to the above Head of Account, the 2nd & part bill will be sent to the Assistant Pay & Accounts Officer, Chittoor for payment”. 4. In view of the aforesaid submission, the Writ Petition is disposed of, directing the Respondents to pay the aforesaid admitted amounts to the Petitioner within a period of six (06) months from the date of receipt of a copy of this order. 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 :31.12.2025 KK