APHC010042302024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] FRIDAY ,THE TWENTY EIGHTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 2466/2024 Between: 1. M/S. PEDIMENT CONSTRUCTIONS PRIVATE LIMITED,, REP BY ITS MANAGING DIRECTOR A SAI SRINIVAS, S/O A.P. DEVADAS, AGED 32 YEARS, OCC - CONTRACTOR, D NO 1-77, GROUND FLOOR, SRINIVASAPURAM, TIRUCHANOOR ROAD, TIRUPATI, CHITTOOR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY, PANCHAYATRAJ AND RURAL DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 2. THE CHIEF ENGINEER, PR, VIJAYAWADA, KRISHNA DISTRICT. 3. THE SUPERINTENDING ENGINEER, PR CIRCLE, CHITTOOR, CHITTOOR DISTRICT. 4. THE EXECUTIVE ENGINEER, P.I.U., CHITTOOR, CHITTOOR DISTRICT. 5. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. ...RESPONDENT(S): 2 Counsel for the Petitioner: 1. SURESH KUMAR REDDY KALAVA Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING 2. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following ORAL ORDER: Heard Sri P. Chaitanya, learned Counsel appearing on behalf of Sri Suresh Kumar Reddy Kalava, learned Counsel for the Writ Petitioner and Sri Panuku Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development. 2. The present Writ Petition is filed seeking following prayer: “…….to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents in withholding the payment of 1st and final bill amount of Rs.1,30,66,150/- even after finalizing the bills, payable to the petitioner in relation to the work i.e., “Mooremvandlapalle Bonamvaripalle in Rompicherla mandal of Chittoor District”, vide Agreement No./2021-22, dt.06.12.2021, is questioned, as the same is illegal, arbitrary and consequently direct the respondents to consider for payment of balance amount of Rs.1,30,66,150/- with interest @ 12% per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith and pass such other or further orders as the Hon’ble Court feels deem fit and proper in the facts and circumstances of the case”. 3. Sri Panuku Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development has submitted the Written Instruction furnished by the Chief Engineer, Panchayat Raj-1, dated 17.03.2025. Copy of it is also supplied to the learned Counsel for the Writ Petitioner. The same is taken on record. 3 4. The Writ Petitioner has claimed a sum of Rs.1,30,66,150/-, whereas the Written Instruction would indicate that the Writ Petitioner is entitled only a sum of Rs.1,29,24,898/-. 5. Sri P. Chaitanya, learned Counsel appearing on behalf of Sri Suresh Kumar Reddy Kalava, learned Counsel for the Writ Petitioner, on instructions, would submit that the Writ Petitioner is willing to accept the amount of Rs.1,29,24,898/-, as indicated by the Chief Engineer in the Written Instruction dated 17.03.2025 as full and final settlement. 6. Since the Official Respondents have admitted an amount of Rs.1,29,24,898/- as balance amount due to the Writ Petitioner, there shall be a direction to the Official Respondents to pay the amount of Rs.1,29,24,898/- within a period of 16 months from today. The Official Respondents are directed to complete the administrative process in respect of this claim within a period of 12 months and remit the amount into the bank account of the Writ Petitioner within four weeks thereafter. Writ Petitioner is directed to furnish the bank details to the Official Respondents within one week from today. 7. With these observations and directions, this Writ Petition stands allowed. No order as to costs. 5.Interlocutory Applications, if any, stand closed in terms of this order. ______________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt: 28.03.2025 JKS 4 25 HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION No. 2466 OF 2024 28.03.2025 JKS