K ANIL KUMAR v. NATIONAL HIGHWAY AUTHORITY OF INDIA
WP/23345/2025 · 2025-10-26
Gannamaneni Ramakrishna Prasad
body2025
DailyLaw.ai
[ 2025 DAILYLAW 57999 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 57999 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010446792025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] MONDAY, THE TWENTY SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 23345/2025 Between:
1. K ANIL KUMAR, S/O SRINIVASA RAO, AGED 47 YEARS, CONTRACTOR, R/O. D.NO.15-2-170/1 4TH WARD, MACHERLA, PALNADU DISTRICT. ...PETITIONER AND
1. NATIONAL HIGHWAY AUTHORITY OF INDIA, REP, BY ITS SECRETARY TO GOVT, OF INDIA, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS PLOT NO.G-5 AND 6, SECTOR-10, DWARAKA, NEW DELHI - 110 075. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, ROADS AND BUILDINGS DEPARTMENT (NATIONAL HIGHWAYS WING), SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 4. THE EXECUTIVE ENGINEER, (R AND B) NH DIVISION, VIJAYAWADA, N.T.R. DISTRICT. 5. THE DEPUTY EXECUTIVE ENGINEER, (R AND B) N.H SUB- DIVISION, GUNTUR, GUNTUR DISTRICT. 2 HGRKP,J W.P.No.23345 of 2025
6. THE ASSISTANT EXECUTIVE ENGINEER, (R AND B) SECTION, NARASAROPET, PALNADU 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 or Order or direction more particularly one in the nature of Writ of Mandamus declaring the action, things and deeds of Respondents in not paying the contract bill amount to the Petitioner i.e., Rs. 90,78,279/- (Rupees Ninety Lakhs Seventy Eight Thousand Two Hundred and Seventy Nine Only) for urgent repairs to selected stretches of National Highway 167AD, NH565 and FDR to selected stretches of 167AD which is illegal, irregular, arbitrary, unconstitutional, against to the Principles of Natural Justice and in violation of Articles 14 and 21 of the Constitution of India, consequently direct the Respondents to pay the total contract bill amount of Rs. 90,78,279/- (Rupees Ninety Lakhs Seventy Eight Thousand Two Hundred and Seventy Nine Only) along with interest for the work carried by the Petitioner 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 forthwith to pay the total contract bill amount of Rs.
90,78,279/- (Rupees Ninety Lakhs Seventy Eight Thousand Two Hundred and Seventy Nine Only) along with interest in respect of work carried by the Petitioner pending disposal of the Writ Petition and pass Counsel for the Petitioner:
1. MANIKANTA THOTA Counsel for the Respondent(S):
1. GP FOR ROADS BUILDINGS
2. 3. GP FOR FINANCE PLANNING The Court made the following:
3 HGRKP,J W.P.No.23345 of 2025
ORAL ORDER: Heard Sri Manikanta Thota, learned Counsel for the Writ Petitioner, Sri Abdul Rasheed, learned Assistant Government Pleader for Roads and Buildings and P. Rajesh Kumar, learned Assistant Government Pleader for Finance & Planning. 2. Sri Abdul Rasheed, learned Assistant Government Pleader for Roads and Buildings has drawn the attention of this Court to Para No.6 of the Counter Affidavit filed by the Respondent No.4 on 12.09.2025. It would indicate that the Official Respondents have admitted the bills raised by the Petitioner and would submit that the same could not be uploaded on the CFMS/NIDHI Portal due to non-availability of funds. 3. Since the bills raised by the Writ Petitioner are admitted by the Respondent No.4, there shall be a direction to all the Respondents including the Respondent No.4 and the Respondent No.3 to complete all the inter-departmental and intra-departmental administrative process by cooperation and coordination between all the concerned departments within a period of sixteen (16) weeks and transfer the net amount to the bank account of the Writ Petitioner within a period of four (04) weeks thereafter. 4. Writ Petitioner is directed to submit the Bank account details to the Competent Authority forthwith, for effecting transfer of funds within one week from today. 5. With these observations and directions, the Writ Petition stands allowed to the extent indicated. No order as to costs. 6. Interlocutory Applications, if any, stand closed in terms of this order. ______________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Date: 27.10.2025 PGT