APHC010255372023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY,THE TWENTY SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 13656/2023 Between: 1. PYLA NAGA VENKATA RAMANA,, S/O. PYLA KONDA, AGED 40 YEARS, OCC- CONTRACTOR, R/O. D.NO. 2- 75, KOTHA STREET, NATHAVARAM VILLAGE AND MANDAL, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, TRIBAL WELFARE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, THULLUR MANDAL, AMARAVATHI, GUNTUR DISTRICT. 2. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, THULLUR MANDAL, GUNTUR DISTRICT. 3. THE DIRECTOR OF WORKS AND ACCOUNT OFFICER, ANJANEYA TOWERS, IBRAHIMPATNAM, KRISHNA DISTRICT. 2 4. THE ENGINEERINCHIEF, TRIBAL WELFARE DEPARTMENT, VIJAYAWADA. 5. THE DISTRICT COLLECTOR, PADERU DISTRICT, PADERU. 6. THE CHIEF PLANNING OFFICER, PADERU DISTRICT, PADERU. 7. THE SUPERINTENDING ENGINEER, TRIBAL WELFARE CIRCLE, VISAKHAPATNAM. 8. THE EXECUTIVE ENGINEER, TRIBAL WELFARE, PADERU, PADERU DISTRICT. 9. THE PAY AND ACCOUNTS OFFICER, VISAKHAPATNAM DISTRICT, VISAKHAPATNAM. ...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 a Writ, Order, or Direction more particularly one in the nature of WRIT OF MANDAMUS or any other appropriate writ or direction declaring the action of the respondents in withholding the payment of balances of Rs. 75,61,227/- even after finalizing the bills, payable to the petitioner in relation to the work i.e., Construction of Additional Accommodation to T.W. Ashram School for Boys at Sarabannapalem Village in Koyyuru Mandal of Visakhapatnam District under Educational Infrastructure Grant through the Circle Agreement No. 26/2020-2021, dated 15-06-2020 for an amount of Rs. 75,61,227/- as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondents to consider for payment of amount of Rs. 75,61,227/- in respect of execution of above-mentioned work forthwith and pass IA NO: 1 OF 2023 3 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 consider for payment of amount of Rs. 75,61,227/- in respect of execution of work i.e.,Construction of Additional Accommodation to T.W. Ashram School for Boys at Sarabannapalem Village in Koyyuru Mandal of Visakhapatnam District under Educational Infrastructure Grant through the Circle Agreement No. 26/2020-2021, dated 15-06-2020 for an amount of Rs. 75,61,227/-forthwith pending disposal of the main Writ Petition and pass Counsel for the Petitioner: 1. RAMBABU KOPPINEEDI Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING 2. GP FOR SOCIAL WELFARE The Court made the following: 4 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY Writ Petition No.13656 of 2023 O R DE R: The present Writ Petition is filed to declare the action of Respondents in withholding an amount of Rs.75,61,227/- even after finalizing the bills payable to the Petitioner in relation to the work, i.e., construction of Additional Accommodation to T.W. Ashram School for Boys at Sarabannapalem Village in Koyyuru Mandal, Visakhapatnam District under Educational Infrastructure Grant through the Circle Agreement No.26/2020- 2021 dated 15.06.2020, as illegal and arbitrary. 2. In the Counter Affidavit filed by the Respondent No. 8/the Executive Engineer, Tribal Welfare, Paderu, Visakhapatnam District, it is stated that the Petitioner had taken up the work as stated above and completed the same. It is also stated that the Assistant Executive Engineer, Deputy Executive Engineer, and Executive Engineer concerned have recorded the measurements in M Books and processed the bills to the extent of the works executed by the Petitioner and forwarded the same to the Project Officer, ITDA, Paderu, for arranging 5 payment. The details of the bills were also mentioned in the tabular statement. As per the Tabular Statement, a gross amount of Rs.72,29,882/- and a net amount of Rs.66,88,673/- is due to be paid to the Petitioner. It is stated that as and when the funds are released, payments will be made to the Petitioner directly into his account. 3. As there is no dispute with regard to the works and the admitted amount, the present Writ Petition is disposed of with the following terms: i) The Respondents are directed to pay the admitted amount to the Petitioner within a period of three months from the date of receipt of a copy of this Order. ii) There shall be no order as to costs. As a sequel, the miscellaneous petitions, if any, pending in this case shall stand closed. __________________ NYAPATHY VIJAY, J Date: 26.02.2026 KLP