IN THE HIGH COURT OF ANDHRA PRADESH :: AM (Special Original Jurisdiction) J MONDAY, THE FIFTH DAY OF MAY I TWO THOUSAND AND TWENTY FIVE ' PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 29146 OF 2023 it ^ ill tsi .A# S'?" Between: M/S Paidala Thirupathi Reddy and brothers, Rep.by Managing Partner P.Thirupathi Reddy S/o. Jayarami Reddy, Age. 50 years, Rio. 1-1266, Near Vinayaka Temple, Bangla thota ^Ndtopet, Nellore , Andhra Pradesh. ...Petitioner/s Am 1. The State of Andhra PradesF!,"Rep. by its Principai Secretary, Roads and Buildings(Rand B) Deporimeht, Secretariat Building, Velagapudi, Amaravathi, Guntur. ■ 2. The Superintending EngineeifRand B), Department of Roads and Buildings, SPSR Nellore District. 3. The Executive Engineer(Rand Et), . Roads and Buildings Division Gudur, SPSR NelloreDistrict. 4. The Chief Engineer (R AND B), NH and CRF New R and B Building , M G Road Opp Indira Gandhi Municipal Stadium Vijayawada. 5. The State of Andhra Pradesh, ftep. by its Principal Secretary Department of Finance and Planning, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District: : - ...Respondents Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an^ppropriate Writ Order or direction more particularly one in the nat^Ure^ W Mandamus declaring the action of the Respondents in withholding'the TDayments of pending amounts of Rs. f V 3,79,57,241/- (Three Crore, Seventy Nine Lakhs, Fifty Seven thousand. Two Hundred and Forty one Rupees only), even after finalizing the bills payable to the petitioner in relation to the works i.e. Widening and Strengthening of gudur duggarajupatnam road from KM17/800 TO 20/980 and 21/685 to 28/000 Ini iSRSR Nellore District sanctioned vide GOMs.N0.22,T,Rand B(R11) [^t,. dated 09.03.2019 of the CRF/1080-AP- 2018-19 Department. lA NO: 1 OF 2023 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to ‘direH the respondents to forthwith consider releasing the amounts payableTd^tllb-iDetitioner herein. "iRLDEVASRI ROSHAN KANCHARLA Counsel for the Petitioner Counsel for the Respondents ^ FOR ROADS BUILDINGS GP for FINANCE & PLANNING the Court made the following •4 : .‘ f; '/ APHC010564202023 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: 29146/2023 Between: Paidala Thirupathi Reddy ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S): 1.GP FOR ROADS BUILDINGS 2.GP FOR FINANCE PLANNING The Court made the following ORDER: Heard Sri 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 5*^ respondent. The above writ petition is filed to declare the action of respondents in withholding an amount of Rs.3,79,57,241/- in relation to work “Widening and Strengthening of Gudur-Duggarajupatnam road from KM 17/80 to 20/980 and 21/685 to 28/000 in SPSR Nellore District”, as illegal and arbitrary. 2. 1 2 3. A counter-affidavit was filed by the 3'" respondent. In Para 6 of the counter-affidavit, it was pleaded as under: It is submitted that the agreement was entered into between the petitioner and the 3^^ respondent on 17.06.2020 and the work was in progress, the contractor has submitted the and part bill for a Gross amount of Rs.4,16,38.509.00 and Net amount of rs.3.79,57,241.00 on 22.08.2023 and the same was processed and make necessary orders on M-book and bill voucher and intimated to the head of department for release of funds to enable this office to upload the same bill in NIDHI web portal for making payment to the petition. Later the Head of Department has release the Budget Release Order for the subjected work immediately this office has uploaded the bill in NIDHI web portal vide Bill ID No.2024-9039242 on 23.01.2025 and transmitted to Pay and Accounts Officer. Works Accounts, Tirupathi and the same was approved on 31.01.2025 accordingly the bill was converted into CFMS Bill ID as 2024-2263902 since then the bill is at RBI for want of fund clearance. 4. Learned counsel for the petitioner would submit that the completed execution of the aforementioned work. However authorities failed to pay the amount. 5. Thus, as seen from the averments in the counter-affidavit, there i dispute regarding execution of work and petitioner’s entitlement. Given the facts and circumstances of the disposed of at the admission stage, with consent authorities to pay the amount of Rs.3,79,57,241/- to the petitioner within five (5) months from the date of receipt of a copy of this order. There shall be order as to costs. petitioner the respondent IS no 6. case, the writ petition is directing the respondent no As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- M SRINIVAS ASSISTANT REGISTRAR )N OFFICER Deportment, Secretariat Building, Velagapudi, Amaravathi //true copy// To. SECTI 1 The Principal Secretary, Roads and Buildings(Rand B) State of Andhra Pradesh, Guntur. < * 2. The Superintending Engineer (Rand B), Department of Roads and Buildings, SPSR Nellore District. The Executive Engineer(Rand B), Roads and Buildings Division Gudur, SPSR NelloreDistrict. The Chief Engineer (R AND B), NH and CRF New R and B Building, M G Road Opp Indira Gandhi Municipal Stadium Vijayawada. The Principal Secretary Department of Finance and Planning, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.(1 to 5 by RPAD) One CC to SRI. DEVASRI ROSHAN KANCHARLA Advocate [OPUC] Two CCs to GP FORTROADS BUILDINGS ,High Court Of Andhra Pradesh. [OUT] Two CCs to GP FOR FiNANeE & PLANNING, High Court Of Andhra Pradesh. [OUT] Three CD Copies (gsg) 3. 4. 5. 6. 7. 8. 9. KSR HIGH COURT DATED:05/05/2025 ORDER WP.No.29146 of 2023 DISPOSING THE WRIT PETITION WITHOUT COSTS