IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) , MONDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE f.. mM PRESENT \' V- A- V..» THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI V WRIT PETITION NO: 1666 OF 2024 Between: S Dasaradha Ramireddy, S/o. Yanadi Reddy, Age 57 years, R/o. 27-3-572, Ratnam school street, A.C.Nagar, Near Ratnam School, Nellore Stonehousepet, Andhra Pradesh. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Roads and Buildings(R and B) Deportment, Secretariat Building, Velagapudi, Amaravathi, Guntur. The Superintending Engineer (R and B), Department of Roads and Buildings, SPSR Nellore District. The Executive Engineer(R and B), Roads and Buildings Division Gudur, SPSR Nellore District. The Chief Engineer (R and B), NH and CRF New R and B Building, M G Road Opp Indira Gandhi Municipal Stadium Vijayawada. The State of Andhra Pradesh, Rep. by its Principal Secretary Department of Finance and Planning, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. 3. 4. 5. ...RESPONDENTS 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 an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the A . Respondents in withholding the payments of pending amounts of Rs. (Two Crore, Thirty Three Lakhs, Twenty Eight thQU^aod. Nine " and Seventy Two Rupees only) even after finalizing the bills payable fo the petitioner in relation to the works i.e. Widening .and Strengthening of gudur -tupilipalem road from KM21/0 to 42/470 In SPSR Nellore District sanctioned vide GORT No.379 dated 27.11.2020 of the TR&B(R-II) Department. • ^ lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances . stated in the affidavit filed in support of the Writ petition, the High Court may be pleased to direct the respondents to forthwith consider releasing the amounts payable to the petitioner herein, pending disposal of the writ petition. Counsel for the Petitioner: M/S. MEKALA ANUSHA Counsel for the Respondent Nos. 1 to 4: GP FOR ROADS & BUILDINGS Counsel for the Respondent No.5: GP FOR FINANCE & PLANNING The Court made the following: ORDER APHC010029242024 ' J 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: 1666/2024 Between; S Dasaradha Ramireddy ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.MEKALA ANUSHA Counsel for the Respondent(S): 1.GP FOR ROADS BUILDINGS (AP) :^.GP FOR FINANCE PLANNING (AP) The Court made the following ORDER: Heard Sri K.Devasri Roshan, learned counsel for the petitioner, Sri Abdul Rasheed, 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 the respondents in withholding the payment of an amount of Rs.2,33,38,972/- even after finalizing the bills in relation to work “Widening and Strengthening of Gudur- 2. 2 Tupilipalem road from KM 21/0 to 42/470 in SPSR Nellore District”, as illegal and arbitrary. A counter-affidavit was filed by the 3'^'^ respondent. In Para 6 of the counter-affidavit, it was pleaded as under; 3. It is submitted that the agreement was entered into between the petitioner and the 3^*^ respondent on 30.12.2021 and the work is in and part bill for nd progress, the contractor has submitted the 2 Rs.2,33,28,972/- on 01.11.2023 as the Quality Control Report received on 31.10.2023 and the same was processed and make necessary orders on M-book and bill voucher on 24.11.2023 and intimated to the head of department for release of funds,to enable this office to upload the same bill in CFMS web portal for making payment to the petition.” Learned counsel for the petitioner would submit that the petitioner, in pursuance of agreement No.17/2021-22 dated 30.12.2022 executed the aforementioned work. However, the respondents failed to pay the amount. 4. As seen from Para 7 of the counter-affidavit, it was pleaded that the petitioner has executed the work upto the value of Rs.7,40,31,799/- instead of Rs.16,82,87,636/-. Further, in Para 9, it was further pleaded that the 3 respondent could not upload the bills for want of budget in the corresponding Head of Account. It was further pleaded in the counter-affidavit that the authorities are taking steps to process for allocation of budget to the said Head of Account for uploading the bills. Once the budget release order is issued by 5**^ respondent, the admitted bills would be uploaded, on priority, for payment to the petitioner. 5. rd Thus, as seen from the counter-affidavit, there is no dispute regarding execution of part work and petitioner’s entitlement. 6. w 3 Given the facts and circumstances of the case, the writ petition is disposed of at the admission stage-Kiipecting the respondent authorities to release the amount of Rs.2,33,28,972/- to the petitioner within five (5) months from the date of receipt of a copy of this order. There shall be no order as to costs. 7. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- G. SRINIVAS REDDY DEPUTY REGISTRAR^ ‘ s^^Tofficer //TRUE COPY// To 1. The Principal Secretary, Roads and Buildings(R and B) Deportment, Secretariat Building, Velagapudi, Amaravathi, Guntur. The Superintending Engineer(R and B), Department of Roads and Buildings, SPSR Nellore District. The Executive Engineer(R and B), Roads and Buildings Division Gudur, SPSR Nellore District. 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, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. One CC to M/s. Mekala Anusha, Advocate [OPUC] Two CCs to GP for Roads & Buildings, High Court of Andhra Pradesh [OUT] T^^CCs to GP for Finance & Planning, High Court of Andhra Pradesh. Three CD Copies 2. 3. 4. 5. 6. 7. 8. 9. TF HIGH COURT DATED:05/05/2025 ORDER WP.No.1666 of 2024 I* 13 JUN 2n?5 ^ . Curreni Seciiun . DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION, WITHOUT COSTS