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2023 Supreme(Online)(AP) 15234
HIGH COURT OF ANDHRA PRADESH WEDNESDAY ,THE THIRTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY THREE PRSENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 20838 OF 2023 Between:
1. C BALARAMUDU S/o C.Narayanappa, Aged about 64 years, R/o H. No. MIG-153, APHB colony, Adoni, Kurnool Dist ...PETITIONER(S)
AND:
1. THE STATE OF ANDHRA PRADESH Rep. by its Principal Secretary, Roads and Buildings Department, Secretariat, Amaravathi, Guntur District.
2. The State of Andhra Pradesh Rep. by its Principal Secretary, Finance and Planning Department, Secretariat, Amaravathi, Guntur District.
3. The Superintending Engineer(RandB) , Roads and Buildings Department, RandB Circle, Kumool.
4. The Executive Engineer, RandB Division, Adoni, Kurnool Dist.
...RESPONDENTS Counsel for the Petitioner(s): M KARIBASAIAH Counsel for the Respondents: GP FOR ROADS BUILDINGS The Court made the following: ORDER HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION No.20838 of 2023
ORDER:
The present Writ Petition came to be filed under Article
226 of the Constitution of India seeking the following relief:-
“…to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents in withholding the undisputed bill amounts payable to the petitioner in respect of work Special repairs to Adoni bypass road from Km 0/0 to 2/100 Kurnool Dist., even after finalizing the bill as illegal, arbitrary and contrary to the Principles of natural justice and consequently direct the respondents to pay the bill amount of Rs.73,79,018/- payable to the petitioner in respect of execution of afore mentioned work vide Agreement dated 29.04.2022 forthwith….”
2. At the time of hearing, the learned Government Pleader for Roads & Buildings has submitted a copy of instructions of the Executive Engineer, (R&B) Division, Adoni, vide Lr.Rc.No.Court case/W.P.No./2023/Payment of work/A2/Supdt./Adoni/2023, dated 11.08.2023, wherein it is stated as follows: “…..that the following works was entrusted to Sri.C.Balaramudu, Contractor, Adoni. The contractor was completed on the works in all respects and the Ls 1st and final bill was submitted to the Pay and Accounts Officer, Kurnool.
| Sl. No | Name of the work | DR Agt.No . | CFMS bill No. | T.P. | DHS DFC Gross Amount Net Amount |
| 1. | Special Repairs to Adoni Byepas s road from Km 0/0 to 2/100 in Kurnool district | 28/ 2022- 23 | 2023- 2160 41 | 4.50 % Exce ss | 19.07 18.01 79,99,503.33 73,79,018.33 .22 .23 |
270/272 VN”.
5. In view of the above instructions submitted by the learned Government Pleader for Roads & Buildings, since the bill amount claimed by the petitioner is an admitted bill, this Court feels it appropriate to dispose of the writ petition directing the respondents to release amount of Rs.73,79,018/- to the petitioner within a period of three (3) months from the date of receipt of a copy of this order.
4. With the above direction, this Writ Petition is disposed of.
There shall be no order as to costs.
Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed.
_______________________
JUSTICE V.SUJATHA Date :30.08.2023
123 HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION No.20838 of 2023 Date : 30.08.2023
