APHC010193582024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3330]

(Special Original Jurisdiction)

TUESDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 9825/2024 Between:

1. M /S SRI. RAMA LINGESWARA CONSTRUCTIONS, REPRESENTED BY ITS MANAGING PARTNER, P. MALLESWARA REDDY S/O NARAYANA REDDY, AGED ABOUT 50 YEARS, OCC- CONTRACTOR, 10-1-395/2, SURENDRA NAGAR, BADVEL, YSR KADAPA DISTRICT ...PETITIONER AND

1. T HE STATE OF ANDHRA APRADESH, REP. BY ITS PRINCIPAL SECRETARY, R AND B (N.H) DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.

2. T HE REGIONAL OFFICER, MINISTRY OF ROAD TRANSPORT 86 HIGHWAYS, REGIONAL OFFICE, VIJAYAWADA, DOOR NO.41-29-45A, 3RD AND 4TH FLOORS, MORTH/NHAI BUILDINGS, RANIGARITHOTA, NEAR KANAKADURGA VARADHI, KRISHNALANKA, VIJAYAWADA-

520013, KRISHNA DISTRICT.

3. T HE CHIEF ENGINEER R AND B, NATIONAL HIGHWAYS AND CRFJ, ROOM NO.412, 4TH FLOOR, STATE NEW HODS BUILDING, MG ROAD, VIJAYAWADA, KRISHNA DISTRICT.

4. T HE SUPERINTENDING ENGINEER R86B, N.H CIRCLE, ANANTAPURAMU.

5. T HE EXECUTIVE ENGINEER R86B, N.H DIVISION, ANANTAPURAMU.

6. T HE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR 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 to issue a WRIT OF MANDAMUS declaring the action of the Respondents herein, in withholding the payment of 1st and Part Bill, an amount of Rs.83,58,610/- even after finalizing the bill payable to the petitioner in relation to the work Flood Damage Repairs to Minor Bridge at Km 86/0 in newly declared NH-716G for restoration of traffic in Ananthapuramu District in the state of Andhra Pradesh (3rd call) as per the Agreement No.41/2022-23, dated 15.11.2022 as illegal, arbitrary and consequently direct the respondents to consider for payment of 1st and Part Bill, an amount of Rs.83,58,610/- with an interest at 24percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith and pass 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 consider for payment of 1st and Part Bill, an amount of Rs.83,58,610/- with an interest of 24% per annum for the delayed amount to the petitioner in respect of execution of work i.e., “Flood Damage Repairs to Minor Bridge at Km 86/0 in newly declared NH-716G for restoration of traffic in Ananthapuramu District in the state of Andhra Pradesh (3rdcall) as per the Agreement No.41/2022-23, dated: 15.11.2022., pending disposal of the Writ Petition and pass Counsel for the Petitioner:

1. SURESH KUMAR REDDY KALAVA Counsel for the Respondent(S): 1. GP FOR ROADS BUILDINGS

2. GP FOR FISHERIES

3. GP FOR FINANCE PLANNING The Court made the following:

THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.9825 OF 2024

ORDER:

The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:

“…to issue a WRIT OF MANDAMUS declaring the action of the Respondents herein, in withholding the payment of 1^st and Part Bill, an amount of Rs.83,58,610/- even after finalizing the bill payable to the petitioner in relation to the work „Flood Damage Repairs to Minor Bridge at Km 86/0 in newly declared NH-716G for restoration of traffic in Ananthapuramu District in the state of Andhra Pradesh (3^rd call) as per the Agreement No.41/2022-23, dated 15.11.2022 as illegal, arbitrary and consequently direct the respondents to consider for payment of 1^st and Part Bill, an amount of Rs.83,58,610/- with an interest at 24percent per annum for the delayed amount to the petitioner in respect of