APHC010110312024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY, THE TENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 5846/2024 Between: 1. M/S PRAKASH ARTS PRIVATE LIMITED, HAVING ITS REGISTERED OFFICE AT D.NO.2-20-30, P.B NO.406, MUSEUM ROAD, GOVERNORPET, VIJAYAWADA. REP BY ITS AUTHORIZED REPRESENTATIVE, TALATAM MOHAN KUMAR, S/O. MADHUVSUDHAN RAO, AGED ABOUT 51 YEARS, R/O. ROAD NO.L, VETERINARY COLONY, VIJAYAWADA, KRISHNA DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, SOCIAL WELFARE DEPARTMENT GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE STATE OF ANDHRA PRADESH, REP BY ITS DIRECTOR. SOCIAL WELFARE DEPARTMENT T.G PLAZA BUILDING, TADEPALLI GUNTUR DISTRICT, ANDHRA PRADESH 3. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI,AMARAVATHI,GUNTUR DISTRICT. 4. ANDHRA PRADESH CENTER FOR FINANCIAL, SYSTEMS AND SERVICES (APCFSS) REP BY ITS CHAIRMAN AND SPECIAL CHIEF SECRETARY, GOVERNMENT OF ANDHRA PRADESH, 6TH FLOOR, C-BLOCK, ANJANEYA TOWERS, IBRAHIMPATNAM, SRS,J W.P.No.5846 of 2024 KRISHNA DISTRICT-521456. 5. THE JOINT DIRECTOR, SOCIAL WELFARE DEPARTMENT T.G PLAZA BUILDING, TADEPALLI GUNTUR DISTRICT, ANDHRA PRADESH ...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 to issue Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not making payments to the Petitioner an amount of Rs.54,03,928.00/- (Fifty Four Lakhs Three Thousand Nine Hundred and Twenty Eight Rupees Only) to the petitioner even after successful completion of campaign of Social Welfare Department Advertisement on Outdoor publicity through Hoardings/ Unipoles/ Arches/ Bus Shelters for a period of one month from 16.03.2018 to 15.04.2018, throughout the state and not even considering representations made by the petitioner to the respondents as illegal, arbitrary, contrary to the principles of natural justice and in violation of the Art 14,19, 21 and 300A of the Constitution of India and consequently direct the respondents make the payment of an amount of Rs.54,03,928.00/- (Fifty Four Lakhs Three Thousand Nine Hundred and Twenty Eight Rupees Only), forthwith along with and interest of 24percent p.a from the date of submission of bills, and pass such 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 may be pleased to direct the respondents to immediately pay an amount of Rs.54,03,928.00/- (Fifty Four Lakhs Three Thousand Nine Hundred and Twenty Eight Rupees Only) to the petitioner within a period of two weeks and pass such Counsel for the Petitioner: 1. RAVITEJA PADIRI SRS,J W.P.No.5846 of 2024 Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING 2. GP FOR SOCIAL WELFARE The Court made the following: :: ORDER :: The above writ petition is filed to declare the action of respondent authorities in not releasing the amount of Rs.54,03,928/- to the petitioner, despite the invoices bearing Nos.PAPLCOFI19200024 & PAPLCOFI9200025, dated 18.12.2019 (Ex.P2), as illegal and arbitrary. 2. Heard Sri Raviteja Padiri, learned counsel for the petitioner and Smt. Swapna Priya, learned Assistant Government for Social Welfare appeared for respondents 1, 2 & 5 and learned Government Pleader for Finance appeared for respondents 3 & 4. 3. The Director of Social Welfare, issued a work order to the petitioner vide letter No.K1/3011/2017-3, dated 15.03.2018 (Ex.P1) to take up the outdoor publicity campaign through hoardings, unipoles / arches, bus shelters for one month from 16.03.2018 to 15.04.2018. In pursuance of the said proceedings, the petitioner has rendered service and made representation dated 10.02.2021 (Ex.P3) to release the amount. However, the same has not been released so far. 4. Sri Swapna Priya, learned Assistant Government Pleader, submitted the instructions of respondent No.2. Para No.3 of the said instructions, reads as follows: “The M/s Prakash Arts has rendered it’s services as per the work order and submitted bills for an amount of Rs. 1,99,50,219 (Rupees One crore ninety nine lakshs fifty thousand two hundred and SRS,J W.P.No.5846 of 2024 nineteen only) to the Department. Out of total amount, an amount of Rs.1,45,46,291/- (Rupees One Crore Forty five lakhs forty six thousand two hundred and ninety one only) ( Rs.91,42,363/- + Rs.54,03,928/-) was already paid to the petitioner vide this office procdgs. Dated 20-03- 2018 and 18-07-2018 respectively) (copies enclosed). The remaining amount of Rs.54,03,928/- has to be paid to the petitioner.” 5. The instructions further disclose that during the financial year 2024-25, the budget provision is not made under the 260-263 head of account. The Government will be requested to release an amount of Rs.54,03,928/- under the head of account 260-263 to pay to the petitioner. Learned counsel would submit that the balance amount of Rs.54,03,928/- will be paid within three (03) months. 6. Given the facts and circumstances of the case and since there is no dispute regarding the petitioner’s entitlement for Rs.54,03,928/-, the Writ Petition is disposed of directin g the respondents 1 to 3 to release/pay the amount to the petitioner, within three (03) months from the date of receipt of a copy of the order. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date : 10.03.2025 TVN SRS,J W.P.No.5846 of 2024 149 THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.5846 OF 2024 Date : 10.03.2025 TVN