IN THE HIGH COURT OF ANDHRA PRADESH :: ..(Special Original Jurisdiction) THURSDAY. THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 22840 OF 2024 ^ AMARAVATI Between: Sri D. Rajasekhar Reddy, S/o. Sri D. Siva Reddy, Aged about 60 years, Occ- Di'stri'ct'^*°'^ ^ Coiony, Proddatur- 516360, YSR Kadapa ...PETITIONER .AND 1. The State of Andhra Pradesh, Rep. by its Principal And Buildings Department Amaravathi, Guntur District. 2. The District Collector And Chairman PADA YSR District. 3. The Superintending Engineer (R and B), Electrical NTR District. 4. The Executive Engineer (R and B), Eiectricai Division District. Secretary, Roads Secretariat Buildings, Velagapudi, YSR District, Pulivendula Circle, Vijayawada, Kurnool, Kurnool 5. The State of Andhra Pradesh, Department of Finance Rep. by its Principal Secretary, Secretariat Buildings, And Planning Velagapudi, Amaravathi, Guntur District. ...RESPONDENTS Petition under Article 226 of the Constitution the circumstances stated i of India praying that in in the affidavit filed therewith, the High Court may be pleased to issue a writ of Mandamus any other appropriate writ in withholding the payment or or direction declaring the action of the Respondents of the final bill amount of Rs.27,14.419.80/- (CFMS. No. 2024-170893) after finalizing the bill payable to the petitioner in relation to the work i.e., Providing Street Lighting under the main work of Improvements to Gandluru- Kondapuram-Simhadripuram-Velidendla road from even KM23/650 to 24/0 (in Simhadripuram Town Limits) in YSR District vide Agreement Bond No- 34/2023-24, dt. 10.01.2024, is questioned, as the same i and consequently direct the respondents Rs.27,14,419.80/- (CFMS. No. IS illegal, arbitrary to consider for payment of 2024-170893) with interest @24% annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith. per lA NO: 1 OF ?n9A Petition under Section 151 CPC stated in the affidavit filed i praying that in the circumstances in support of the petition, the High Court may be pleased to direct the respondents to consider for payment of Rs.27,14,419.80/- (CFMS. No. 2024- 170893) with interest @24% per annum for the delayed amount to thb petitioner in respect of the execution of work ,.e.. Providing Street Lighting under the main work of Improvements to Gandluru- Kondapuram-Simhadripuram-Velidendia road from KM23/650 to 24/0 (in Simhadripuram Town Limits) in YSR District vide Agreement Bond No; 34/2023-24, dt. 10.01.2024, respectively, forthwith, pending disposal of the Writ Petition. Counsel for the Petitioner: SRI P ANAND SURYA or,, o representing SRI SURESH KUMAR REDDY KALAVA Counsel for the Respondent Nos. 1 to 4: GP FOR ROADS & BUILDINGS Counsel for the Respondent No.5: The Court made the following: ORDER GP FOR FINANCE & PLANNING APHC010437782024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) L' ■>. [3331] TUESDAY,THE FIRST DAY OF APRIL TWO THOUSANDAND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 22840/2024 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 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.27,14,419.80, concerning the work done i.e. providing decorative street lighting under the main work of improvements to Gandluru - Kondapuram-Simhadripuram- Velidendia road from KM 23/650 to 24/0 (in Simhadripuram Town Limits) in YSR District, in pursuance of the agreement bond No.34/2023-2024, dated 10.01.2024, is illegal and arbitrary. I SRS.J W.P,No.22840 of 2024 2. Heard Sri P. Anand Surya, learned counsel Kumar Reddy Kalva, learned counsel for the learned Assistant Government Pleader for Roads & respondents 1 to 4 and Smt. representing Sri Suresh petitioner and Sri Praveen, Buildings, appeared for D. Naga Chandrika, learned Assistant Government Pleader for Finance appeared for respondent No.5. 3. A counter affidavit was filed & 5 of the counter affidavit are extracted hereunder: 4. It IS submitted that the agreement was entered into between the petitioner and the 3^" respondent vide Vide Contract Agreement Agmt No.34/2023-24. Dt; 10.01.2024 and the the year 09.02.2024. on behalf of respondent No.4. Para Nos.4 No:CR work was completed in 5. 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 that the payment of Final Bill amounting to Rs.27,14.419.80 with CFMS No.2024-170893 was withheld.” 4. Thus, as seen from the averments made in the counter affidavit filed behalf of respondent No.4, there is execution of work and entitlement to on no dispute regarding the petitioner’s 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 petition. Moreover, it is not an inviolable rule that no not dealt with the merits of the writ money claim can be -payment of may be considered an arbitrary action on the same, a writ petition may lie.” adjudicated upon in exercise of writ jurisdiction. Non admitted dues, inter alia. part of respondents and for claiming the 5. Given the facts and ci disposed of at the admission circumstances of the case, the Writ Petition i: stage with the consent of both the learned IS SRS,J W.P.No,22840 of 2024 counsel, directing the respondents 1 to 4 to upload the bills in the CFMS portal within two (02) months. Thereafter, respondent No.5 shall pay the amount of Rs.27,14,419.80 to the petitioner regarding the execution of the aforementioned work, within two (02) months. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. //TRUE COPY// Sd/- K.J. RAJA BABU ASSISTANT REGISTRAR SECTION OFFICER Roads And Buildings Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. Collector and Chairman PADA, YSR District YSR District. ^ NTR D^Sric?*^*^*^'^^ Engineer (R and B), Electrical Circle, Vijayawada, To, Pulivendula, 4. The Principal Secretary, Department of Finance And Planning Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. ^ Dislric?^^^^'^^ Engineer (R and B), Electrical Division, Kurnool, Kurnool 6. One CC to Sri Suresh Kumar Reddy Kalava Advocate [OPUC] & Buildings, High Court of Andhra Pradesh. ^ [OOT?^^ Finance & Planning, High Court of Andhra Pradesh. 9. Three CD Copies /■ TF HIGH COURT DATED:01/05/2025 ORDER WP.No.22840 of 2024 the stage ADMISSION, WITHOUT COSTS OF