Extracted from the PDF above. The PDF is authoritative.
APHC010533202025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327]
MONDAY, THE EIGHTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE
PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY
WRIT PETITION NO: 27648/2025
Between:
1. CH SUBRAMANYAM REDDY, S/O. VENKATA SUBBA REDDY AGED 53 YEARS, R/O. 12-276, KAPU STREET, SULLURPETA, NELLORE URBAN, ANDHRA PRADESH. ...PETITIONER AND
1. THE STATE OF AP, REPBY ITS PRINCIPAL SECRETARY, SCHOOL EDUCATION (PROG-LL) DEPORTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR. 2. THE CHIEF ENGINEER, ANDHRA PRADESH SAMAGRA SHIKSHA (APSS) ,VIJAYAWADA
3. THE EXECUTIVE ENGINEER, ANDHRA PRADESH SAMAGRA SHIKSHA(APSS),CHITTOOR DISTRICT. 4. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FINANCE PLANNING SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. ...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 topleased to issue an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the payments of Rs. 28,78,757/- (Twenty Eight
SRK, J WP No.27648 of 2025 2 Seventy Eight Thousand Seven Hundred and Fifty Seven only) after finalizing the bills payable to the petitioner in relation to the works Lakhs even Mi.e. I. Providing Additional Infrastructure to GHS Sathyavedu (Boys) Agreement no. /2020- 21,Dated10.08.2020 , 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 Pleased to direct the respondents to forthwith consider releasing the amounts RS. 28,78,757/- (Twenty Eight Lakhs, Seventy Eight Thousand Seven Hundred and Fifty Seven only) payable to the petitioner herein. pending disposal of the writ petition and pass such
Counsel for the Petitioner:
1. DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S):
1. GP FOR SCHOOL EDUCATION
2.
GP FOR FINANCE PLANNING
SRK, J WP No.27648 of 2025 3 The Court made the following ORDER: This Writ Petition has been filed seeking to declare the action of the respondents in withholding the payments of Rs.28,78,757/- even after finalizing the bills, payable to the petitioner in relation to the execution of works i.e., providing additional infrastructure to GHS Sathyavedu (Boys) vide Agreement No. /2020-21, dated 10.08.2020, as illegal and arbitrary and consequently direct the respondents to pay the said amount due to the petitioner in respect of execution of afore mentioned works forthwith. 2. Petitioner is a Contractor engaged in the Government construction works. In response to calling of online tenders by 2nd respondent, vide e-procurement NIT No.86/2020-21, dated 06.06.2020, for providing additional infrastructure to GHS Sathyavedu (Boys), under Samagra Siksha, Chittoor, Andhra Pradesh, petitioner submitted his tender and he was declared as successful bidder in the said tender. 2nd respondent issued work order on 10.08.2020 and on the same day petitioner also entered into an agreement with 2nd respondent. Subsequently, petitioner completed the works within the prescribed time without any remarks, by borrowing money from various sources on interest. Having satisfied with the works done by the petitioner, 3rd
SRK, J WP No.27648 of 2025 4 respondent entered the same in M Books and issued quality control certificate. 3rd respondent also prepared the bills for an amount of Rs.28,78,757/- on 11.10.2023, but till date, petitioner did not receive any amount. Hence, he filed the present Writ Petition. 3. Today, when the matter came up for admission, learned counsel for the petitioner submits that the subject matter of this Writ Petition is squarely covered by the orders of this Court passed in WP No.29077 of 2018, dated 16.08.2018, wherein this Court directed the respondents therein to verify and quantify the amounts due to the petitioner therein in terms of the works admittedly executed, and directed to pay such undisputed amounts, if any, to the petitioner therein, within eight (8) weeks from the date of receipt of a copy of the said order. 4.
4. On the other hand, learned Assistant Government Pleader, on written instructions, submitted that the final payment bill has been scrutinized in the Drawing Branch of Civil Works Wing, DPO, APSS, Tirupati and authorized to release an amount of Rs.26,11,156/- towards net amount for settlement of works done by the petitioner and Fund Transfer Order has also been generated in Treasury ID 2025-834586, dated 16.10.2023 for
SRK, J WP No.27648 of 2025 5 payment of Rs. 26,11,156/- as per the records made in M.Book No.826/A and the same is pending at Treasury level. 5. In view of the aforesaid facts and circumstances and as there is no dispute with regard to the execution of work and the amount due to the petitioner, the respondents are directed to release the admitted amount of Rs. 26,11,156/- (Rupees twenty six lakhs eleven thousand one hundred and fifty six only) to the petitioner within a period of six (6) weeks from the date of receipt of a copy of this order, failing which, the Writ Petitioner is entitled to claim interest @ 6% per annum from the date of this order till the date of realization. 6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed. ________________________ K. SREENIVASA REDDY, J. Date:08.12.2025 sj
SRK, J WP No.27648 of 2025 6 244 HON’BLE SRI JUSTICE K. SREENIVASA REDDY
Writ Petition No.27648 of 2025
Date:08.12.2025
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