ORDER:

The petitioner is the contractor, filed this writ petition to issue Writ of Mandamus declaring the action of the respondents No.3, 5 and 6 in not releasing the final amount of Rs.1,19,12,476/- with 24% interest including the security deposit and GST, despite the completion of tendered work long back and consequently direct the respondents to pay balance amount of Rs.1,19,12,476/- including FSD Rs.29,28,361/- and GST Rs.25,65,385/- together with interest 24% per annum from the date of completion of the work.

2. The petitioner is a registered contractor, executed various civil works in the Government. The petitioner was awarded the work of construction of ‘Sampradayam Kala Gurukulam at Kallepalli Village’ through E-Tender process and an agreement was entered with 6th respondent for execution of the work vide agreement No.01/JNTUK/ED/Sampradayam /Srikakulam/2016- 17 Dt.06.02.2017. As per the agreement, he has to complete the work within a period of 12 months. The petitioner has deposited EMD of Rs.11,30,000/- through Bank Gaurantee dated:06.02.2017. The 4th respondent sanctioned funds under Special Development Fund in Srikakulam District for the year 2014-15 for developmental works. In pursuance of the said sanction, the 4th respondent released an amount of Rs.5,00,00,000/- which the 5th respondent acknowledged the same. The tender process was initiated in E-Tender process. The estimated contract value of the work is Rs.4,51,65,521/-. The petitioner’s tender bid was 9.69% less than the estimated contract value i.e., for Rs.4,07,88,892/- and being the lowest tenderer, his tender was confirmed on 03.12.2016 and work was entrusted by way of agreement dated:06.02.2017 by the 6th respondent. The petitioner has completed the work as per the agreement and within the extended period of three months. After completion of the works, respondents No.3, 5 and 6 have inspected the work and certified that the work was completed. The 6th respondent satisfied with the completion of the work and issued completion certificate after verifying the work of construction of ‘Sampradayam Kala Gurukulam at Kallepalli Village’. The petitioner submitted the bills. The respondents released an amount of Rs.3,62,79,588/- and paid to the petitioner. The respondents No.3, 5 and 6 have to pay the balance amount of final bill of Rs.65,75,285/- and the FSD Rs.29,28,361/- and GST Rs.25,65,385/-, totaling an amount of Rs.1,19,12,476/- as per the contract agreement dated:06.02.2017. The petitioner approached the respondents No.3, 5 and 6 for payment of the balance amount. In spite of repeated requests, the said amount was not paid by the respondents, which is illegal and arbitrary.

3. The 5th respondent filed counter affidavit stating that the petitioner entered into agreement with the 6th respondent for execution of the work under agreement dated:06.02.2017 and denied that the respondents No.3, 5 and 6 are dragging the issue of payment of final bill amount along with deposit of Rs.11,30,000/- and GST due amounts to the petitioner. The petitioner had completed the contract work and out the of sanctioned amount, an amount of Rs.4,09,22,854/- was paid to the petitioner through the P.D. account towards payment of bills submitted by the petitioner in respect of the work done by the petitioner. The sixth and final bill for an amount of Rs.1,20,69,031/- was received by the University from the petitioner on 26.11.2018. By the time of processing the sixth and final bill by 28.01.2019, the balance in the P.D. Account (8448-00- 110-00-56) towards Sampradayam account was nil. The 5th respondent has addressed a letter dated:25.03.2022 vide Lr.No.A6/JNTUK/Sampradayam/2021-22 to the Principal Secretary to the Government, Higher Education, A.P. Secretariat, Velagapudi, Guntur District requesting to release the said amount of Rs.1,20,69,031/- for clearing the sixth and final bill to the petitioner. The 5th respondent assures that as and when the amount is released by the Govern