APHC010042332024 IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY, THE TWENTY NINETH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 2536/2024 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 SRINIVASAPURAM, TIRUCHANOOR ROAD, TIRUPATI, CHITTOOR DISTRICT. 1. THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY, PANCHAYATRAJ AND RURAL DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 2. THE CHIEF ENGINEER, 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 SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE TWENTY NINETH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 2536/2024 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, INIVASAPURAM, TIRUCHANOOR ROAD, TIRUPATI, CHITTOOR ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY, PANCHAYATRAJ AND RURAL DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. THE CHIEF ENGINEER, PR, VIJAYAWADA, KRISHNA DISTRICT. THE SUPERINTENDING ENGINEER, PR CIRCLE, CHITTOOR, CHITTOOR DISTRICT. THE EXECUTIVE ENGINEER, P.I.U., CHITTOOR, CHITTOOR THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR ...RESPONDENT(S): IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) [3332] THE TWENTY NINETH DAY OF OCTOBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI M/S. PEDIMENT CONSTRUCTIONS PRIVATE LIMITED,, REP BY ITS MANAGING DIRECTOR A SAI SRINIVAS, S/O A.P. DEVADAS, AGED 77, GROUND FLOOR, INIVASAPURAM, TIRUCHANOOR ROAD, TIRUPATI, CHITTOOR ...PETITIONER THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY, PANCHAYATRAJ AND RURAL DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. PR, VIJAYAWADA, KRISHNA DISTRICT. THE SUPERINTENDING ENGINEER, PR CIRCLE, CHITTOOR, THE EXECUTIVE ENGINEER, P.I.U., CHITTOOR, CHITTOOR THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR ...RESPONDENT(S): 2 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 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. 76,35,867/- even after finalizing the bills, payable to the petitioner in relation to the work i.e. Regallu-Ballavaripalle to Gandlapalle in Sodum 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. 76,35,867/- with interest @12percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith and pass IA 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 balance amount of Rs.76,35,867/- even after finalizing the bills, payable to the petitioner in relation to the work i.e., Regallu-Ballavaripalle to Gandlapalle in Sodum Mandal of Chittoor District”, vide Agreement No./2021-22, dt.06.12.2021, forthwith, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. SURESH KUMAR REDDY KALAVA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV (AP) 2. GP FOR FINANCE PLANNING (AP) 3 The Court made the following order: Aggrieved by the action of the respondents in withholding the payment of 1st and final bill amount of Rs.76,35,867/-, even after finalizing the bills, payable to the petitioner in relation to the work i.e., ‘Regallu- Ballavaripalle to Gandlapalle in Sodum Mandal of Chittoor District’ vide Agreement No. /2021-22, dated 06.12.2021, the present Writ Petition has been filed. 2. Heard Sri Suresh Kumar Reddy Kalava, learned counsel for the petitioner and Ms Chandrika, learned Assistant Government Pleader for Panchayat Raj Department appearing for respondent Nos.1 to 4 and Sri Venkata Satyanarayana, learned Assistant Government Pleader for Revenue appearing for respondent No.5 3. Learned counsel for the petitioner, in elaboration to what has been stated in the affidavit, contended that the petitioner has entered into an agreement vide Agreement No. 2021-22, dated 06.12.2021 in relation to the construction of road from ‘Regallu-Ballavaripalle to Gandlapalle in Sodum Mandal of Chittoor District. He further submitted that though work has been completed, the respondent authorities have not paid the legally entitled amount to the petitioner. Hence, prayed to pass orders protecting the interest of the petitioner. 4. On the other hand, learned Assistant Government Pleader for Panchayat Raj, while reiterating the contents of the counter affidavit of respondent No.3, contended that as per the agreement, the petitioner has 4 completed the works and the entire proceedings have been duly recorded in M Book. The gross value of the bill amounts to Rs.86,70,286/- and after making statutory recoveries of Rs.11,21,520/-, the outstanding amount of Rs.75,48,766/- remains payable to the petitioner. He sought five months time for releasing the said amount. 5. To the said submission, learned counsel for the petitioner did not oppose the same, however submitted that since the bills pertain to the year 2021, grating five months time is too excessive. 6. In view of the facts and circumstances of the case and taking the submission of learned counsel for the parties into consideration, since the authorities have admitted to pay an amount of Rs.75,48,766/- payable to the petitioner towards the work executed by him, but sought five months time for payment, there is no purpose in keeping this Writ Petition pending. As such, this Court is inclined to dispose of the same, with the consent of both the parties by passing the following order: “The respondent authorities are directed to release an amount of Rs.75,48,766/- (Rupees Seventy Five Lakhs Forty Eight Thousand Seven Hundred and Sixty Six only) to the petitioner within a period of four (4) months from the date of receipt of a copy of this order. It would be open to the petitioner to agitate its claim for interest, if any, payable by the respondents in an appropriate forum, if so advised.” 5 7. Accordingly, the Writ petition is disposed of. There shall be no order as to costs. As a sequel thereto, interlocutory applications pending, if any in the Writ Petition, shall also stand closed. ___________________________ JUSTICE RAVI CHEEMALAPATI 29.10.2025 MP 6 188 THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO.2536 OF 2024 29.10.2025 MP