IN THE HIGH COURT OF ANDHRA PRADESH A (Special Original Jurisdiction) THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SR! JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 30921 OF 2024 Between: D. Rajasekhar Reddy, S/o. Sri D. Siva Reddy, Aged about 60 years, Occ: Contractor, D.No.3-214, YMR Colony, Proddatur- 516360, YSR Kadapa District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Roads and Buildings Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. District Collector, YSR District; of Chairman PAD A, Pulivendula, YSR District. 3. Superintendent Engineer (R and B), Electrical Circle, Vijayawada. 4. The Executive Engineer (R and B), Electrical Division, Kurnool District. 5. The State of Andhra Pradesh, Rep. 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 praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a writ of rriandamus or any other appropriate writ or direction declaring the action of the Respondents in withholding the payment of II and Final bill amount of Rs. 8,08,340/- even after finalizing the bill payable to the petitioner in relation to the work i.e., 'Improvements to Gandluru-Kondapuram- Simhadripuram-Velidendia Road may from Km 1^23/650 to 24/0 (In Simhadripuram Town Limits) in YSR District. Sub work . Providing Street Lighting' vide Agreement Bond No 25/2023-24, dt.01.11.2023, is questioned, as the same is illegal, arbitrary and consequently direct the respondents to consider for payment of Rs. 8,08,340/- with interest @24% per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith. lA NO: 1 OF 2024 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 consider for payment of Rs. 8,08,340/- with interest @24% per annum for the delayed amount to the petitioner in respect of execution of work i.e. “Improvements to Gandluru-Kondapuram- Simhadripuram-Velidendla Road from Km 23/650 to 24/0 (In Simhadripuram Town Limits) in YSR District. Sub work : Providing Street Lighting vide Agreement Bond No; 25/2023-24, dt.01.11.2023. Counsel for the Petitioner: SRI SURESH KUMAR REDDY KALAVA Counsel for the Respondent Nos.1 to 4: GP FOR ROADS AND BUILDINGS Counsel for the Respondent No.5: GP FOR FINANCE AND PLANNING The Court made the following: ORDER APHC010589842024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] w- ■P THURSDAY ,THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 30921/2024 Between; D Rajasekhar Reddy ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.SURESH KUMAR REDDY KALAVA Counsel for the Respondent(S): 1.GP FOR ROADS BUILDINGS 2.GP FOR FINANCE PLANNING The Court made the following: :: ORDER :: The above writ petition is filed to declare the action of respondent authorities in withholding the payment of Rs.8,08,340/-, concerning the work done i.e. improvements to Gandluru - Kondapuram - Simhadripuram- Velidendla road from KM 23/650 to 24/0 (in Simhadripuram town limits) in YSR District.Sub work: providing decorative street lighting, in pursuanceof the agreement bond No.25/2023-2024, dated 01.11.2023, is illegal and arbitrary. Page 2 of 4 SRS,J W.P.No.30921 of 2024 h 2. Heard Sri P. Anand Surya, learned counsel representing Sri Suresh Kumar Reddy Kalva, learned counsel for the petitioner and Sri Praveen, learned Assistant Government Pleader for Roads & Buildings appeared for respondents 1 to 4 and Smt. D. Naga Chandrika, learned Assistant Government Pleader for Finance appeared for respondent No.5. A counter affidavit was filed on behalf of respondent No.4. Para Nos.4 & 5 of counter affidavit is extracted hereunder: 3. It is submitted that the agreement was entered into between the petitioner and the S'"* respondent vide Vide Contract Agreement No:CR Agmt No.25/2023-24. Dt: 01.11.2023 and the work was completed in the year 30.08.2024. it is submitted that averments of the writ petition, without adverting to each of the averments in the writ petition, it is respectfully submitted the respondent No.3 has paid the 2 amount of Rs.9,73,264/- (Gross Amount) and Rs.8,08,340/- (Net Amount) to Executive Engineer, R&B Division, Puiivendula for release of payment. As seen from the Nidhi Portal by (R&B) Division, Puiivendula, which was pending due to lack, till today the budget for the said work was not sanctioned. Immediately, after receiving budget proposals, this respondent will forward the same for payment." Thus, as seen from the averments made in the counter affidavit filed on behalf of respondent No.4, there is no dispute regarding the petitioner’s execution of work and entitlement to payment. Since there is no dispute regarding the petitioner s entitlement, the writ petition is maintainable. In M/s Utkal Highways Engineers and Contractors v. Chief General Manager & Ors. (In SLP (C) No.14350/2022) it was held at Para No.8 as under; “Be that as it may, the High court has not dealt with the merits of the writ petition. Moreover, it is not an inviolable rule that no money claim can be adjudicated upon in exercise of writ jurisdiction. Non-payment of ‘4. 5. nd & final bill for an 4. Page 3 0^4 a. SRS,J W.P,No.30921 of 2024 ■'at admitted dues, inter alia part of respondents and for claiming may be considered the same, arbitrary action on the a writ petition may lie.” an 5. Given the facts and ci disposed of at the admission counsel, directing the respondents portal within circumstances of the case, the Writ Petition is stage with the consent of both the learned 3 & 4 to upload the bills in NIDHI/CFMS one (01) month. Thereafter. raspondent No.5 shall pay the amount of Rs.8,08,340/- to the petitioner one (01) month. No order regarding the execution of aforementioned work, within as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/-SHAIK assistant registrar //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Roads and Buildings Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi District. 2. District Collector, YSR District, of Chairman PAD A District. Guntur ..t Pulivendula, YSR 3. Superintendent Engineer (R and B), Electrical Circle, 4. The Executive Engineer (R and B), Electrical Division Vijayawada. , Kurnool District. 5. The Principal Secretary, Department of Finance and Planning, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi District. 6. One CC to Sri Suresh Kumar Reddy Kalava, Advocate [OPUC] 7. Two CCs to GP for Roads and Buildings, High Court of Andhra Pradesh. [OUT] 8. Two CCs to GP for Finance and Planning, High Court of Andhra Pradesh. [OUT] 9. Three CD Copies. Guntur ssb HIGH COURT DATED:01/05/2025 ORDER WP.No.30921 of 2024 DISPOSING OF THE W.P. WITHOUT COSTS