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2025 DAILYLAW 48318 (AP)

B LINGAPPA v. THE STATE OF AP

WP/29638/2025 · 2025-12-02

K Sreenivasa Reddy

body2025

Judgment text

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APHC010570502025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] WEDNESDAY, THE THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 29638/2025 Between: 1. B LINGAPPA, S/O. NARAPPA, AGED ABOUT 60 YEARS, OCC CONTRACTOR, R/O. D.NO.1-4-82, JANAKIRAM NAGAR, ANANTAPUR-515 001, ANANTAPUR DISTRICT, A.P ...PETITIONER A N D 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, SCHOOL EDUCATION (PROG-LL) DEPARTMENT, SECRETARIAT BUILDING VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. THE STATE PROJECT DIRECTOR, SAMAGRA SHIKSHA, ANDHRA PRADESH, AMARAVATI. KBC ZILLA PARISHAD HIGH SCHOOL(BOYS) PREMISESS, HIGH SCHOOL ROAD, PATAMATA, VIJAYAWADA. 4. THE CHIEF ENGINEER, ANDHRA PRADESH SAMAGRA SHIKSHA (APSS), AMARAVATI. KBC ZILLA PARISHAD HIGH SCHOOL(BOYS) PREMISES, HIGH SCHOOL ROAD, PATAMATA, VIJAYAWADA. 5. THE EXECUTIVE ENGINEER, APSSA, SRI SATYA SAI DISTRICT, A.P., ...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 Direction more particularly SRK, J W.P.No.29638 of 2025 2 one in the nature of Writ of Writ, Order or MANDAMUS declaring the action of the respondents in not releasing payment for the bills to the petitioner for the works executed by him namely i.e.. Providing Additional infrastructure to ZPHS AMADAGUR under agreement No. 192/2020-2021 Dated 07-08-2020, by the4TH respondent for an amount of Rs. 31,27,103/- as illegal, arbitrary, malafidy, high-handed, and contrary to the procedure established by law apart from being violative of Articles 14 and 19 (1) (g) of the Constitution of India and Consequentially direct the respondents to release the payment of above bill along with interest forthwith in the interest of justice 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 to direct the respondents to pay the bills of the petitioner for the works executed by him namely i.e., Providing Additional infrastructure to ZPHS AMADAGUR under agreement No. 192/2020-2021, Dated 07-08-2020 for an amount of Rs. 31,27,103/- pending disposal of the Writ Petition and to pass Counsel for the Petitioner: 1. D KASIM SAHEB Counsel for the Respondent(S): 1. GP FOR SCHOOL EDUCATION 2. GP FOR FINANCE PLANNING The Court made the following: SRK, J W.P.No.29638 of 2025 3 O R D E R Heard the learned counsel for the Writ Petitioner and learned Government Pleader for School Education representing respondent No.1, learned Government Pleader for Finance representing respondent No.2 and learned Standing Counsel for Andhra Pradesh Samagra Shiksha (APSS) representing respondent Nos.3 to 5 and perused the entire material on record. With the consent of both parties, this Writ Petition is disposed of, at the stage of admission. 2. Grievance of the Writ Petitioner in the present Writ Petition, is that, despite the works viz. providing additional infrastructure to ZPHS AMADAGUR under Agreement No.192/ 2020-2021, dated 07.08.2020, for an amount of Rs.31,27,103/-, entrusted by 4th respondent, were executed by the Writ Petitioner, respondents are not releasing the bills to the petitioner for the said works, and consequently, he seeks a direction to the respondents to make payment of above bill along with interest forthwith, to the Writ Petitioner. 3. Contents of the affidavit, filed by the Writ Petitioner, in brief, are that 4th respondent entrusted the work of providing additional infrastructure to Zilla Parishad High School, AMADAGUR under Agreement No.192/2020-2021, dated 07.08.2020 to the Writ SRK, J W.P.No.29638 of 2025 4 Petitioner, after tender process, and accordingly, the Writ Petitioner executed the said work and completed it by May, 2021, and 5th respondent handed over to the Head Master, Zilla Parishad High School, Amadagur, Amadagur Mandal, Sri Satya Sai District; that 4th respondent and their subordinates recorded M-Books and quantified the bill amount and prepared bills for an amount of Rs.63,99,281/-, out of which, Rs.25,18,411/- and Rs.6,08,692/-, totaling Rs.31,27,103/- was the work done by the Writ Petitioner; that the amounts were transferred through CFMS vide Bill Nos.2025-984074 for a sum of Rs.25,18,411/- and Bill No.2025- 984074 for a sum of Rs.6,08,692/-, but the said sum was not paid till date in spite of repeated requests made by the Writ Petitioner; that the Writ Petitioner completed the work entrusted to him as per the terms and conditions of the Agreement with 4th respondent, therefore, non-payment of the amount for the work done by him, would create undue hardship and irreparable loss to him. The Writ Petitioner is entitled for payment of said bill amount along with interest from the date of completion of work. Hence, the Writ Petition. 4. When the matter is taken up for hearing, learned Government Pleader for School Education, representing SRK, J W.P.No.29638 of 2025 5 respondent No.1, placed written instructions of 5th respondent before the Court. 5. A perusal of the written instructions goes to show that the work of providing additional infrastructure to ZPHS, Amadagur in Sri Sathya Sai District, erstwhile Ananthapuramu District, was completed and, the then Deputy Executive Engineer submitted the final bill to the office of 5th respondent and after scrutiny, the bill was submitted in CFMS Portal with a token No.2025-984074 for an amount of Rs.31,27,103/- to ZPHS Amadagur, but the bill was not yet released so far, as the bill is pending for fund clearance in online portal and the funds are awaited from the Finance Department, Andhra Pradesh, Vijayawada. 6. Having regard to the written instructions placed before this Court, since, already the bill was uploaded in CFMS Portal and the bill number was also generated, this Court is of the opinion that if, some time is provided to the respondents directing them to pay the amount for the work done by the Writ Petitioner, it would meet the ends of justice. 7. Therefore, respondents are directed to take appropriate steps in releasing the undisputed amount i.e. bill amount for the work done by the petitioner i.e. Rs.31,27,103/- (Rupees Thirty One Lakhs, Twenty Seven thousand, One Hundred SRK, J W.P.No.29638 of 2025 6 and Three only) in his favour, within a period of eight (08) weeks from the date of communication of copy of this order. 8. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, miscellaneous applications pending if any, shall also stand closed. JUSTICE K. SREENIVASA REDDY 3rd December, 2025. DNB