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2025:APHC:59062

APHC010282542024

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI [3333]

(Special Original Jurisdiction)

WEDNESDAY,THE THIRTY FIRST DAY OF DECEMBER

TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SMT JUSTICE V.SUJATHA

WRIT PETITION NO: 14208 OF 2024

Between:

1. M/S. PLR PROJECTS PRIVATE LTD.,, REP. BY ITS MANAGING

DIRECTOR, C. CHANDRASEKHAR REDDY, S/O. LATE VENKATA

SUBBA REDDY, AGED ABOUT 57 YEARS, OCC. CONTRACTOR,

R/O. INWINEX TOWERS, PLOT NO, 130, 3B, 3RD FLOOR, ROAD

NO.2, BANJARA HILLS, HYDERABAD.

...PETITIONER

AND

1. THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL

SECRETARY, IRRIGATION DEPARTMENT (W.R.D), SECRETARIAT

BUILDINGS, VELAGAPUDI, AMARAVATHI.

2. THE CHIEF ENGINEER, MEDIUM AND MINOR IRRIGATION,

VIJAYAWADA.

3. THE SUPERINTENDING ENGINEER, W.R. DEPARTMENT,

IRRIGATION CIRCLE, CHITTOOR.

4. THE EXECUTIVE ENGINEER, I AND CAD, IRRIGATION DIVISION,

MADANAPALLE, CHITTOOR DISTRICT

5. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL

SECRETARY, DEPARTMENT OF FINANCE AND PLANNING,

SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR

DISTRICT.

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6. ASISSTANT PAY AND ACCOUNTS OFFICER, CHITTOOR,

CHITTOOR DISTRICT

...RESPONDENT(S):

Counsel for the Petitioner:

1. SURESH KUMAR REDDY KALAVA

Counsel for the Respondent(S):

1. GP FOR IRRI AND CAD

2. GP FOR FINANCE PLANNING

The Court made the following:

2025:APHC:59062

THE HONOURABLE SMT JUSTICE V.SUJATHA

WRIT PETITION NO: 14208 OF 2024

ORDER:-

This writ petition is filed under Article 226 of the Constitution of India

seeking the following relief:

“….to issue order or orders, direction or directions, Writ or Writs

particularly one in the nature Writ of Mandamus declaring the action of the

Respondents in withholding the payment of the 2nd and Part Bill for an

amount of Rs.6,78,33,259/- even after finalizing the bills payable to the

petitioner in relation to the work i.e “Formation of New Tank Across Badapala

Vanka, near Bandakindapalli (V) in Rompicherla (M) of Chittoor District, vide

L.S.Original Agreement N0.04 SE/2021-22, Dt 31.05.2021 is questioned as

the same is illegal and arbitrary and consequently direct the respondents to

consider payment of the amount of Rs.6,78,33,259/- with interest at 12% per

annum for the delayed amount to the petitioner in respect of the execution of

abovementioned work forthwith and pass such other orders”.

2. Heard learned counsel for the Petitioner and learned Assistant

Government Pleader for Irrigation for the Respondents.

3. The Respondent No.4 filed Counter-Affidavit duly contended at Para

Nos.8 and 9 of the reads as follows:

8. It is respectfully submitted that, as on the date 10-02-2024 of

Stoppage of work Petitioner agency completed 86.05% of work only and for

the above work 2^nd & part bill was prepared for Gross Amount of Rs.

7,04,93,288/- and Net Payable of Rs. 6,62,86,917/-. The Quality Control

Certificate was issued by the Executive Engineer, Quality Control Division,

Nellore vide Ref.No.194/2023-2024, dated 17.02.2024 for an amount of Rs.

6,11,28,328/-. The 2^nd & Part bill was uploaded in CFMS fior Gross Rs.

7,04,93,288/- & Net payable of Rs. 6,62,86,917/- in CFMS Token No. 2024-

1843585, dated 25.11.2024. The bill was approved by Assistant Pay and

2025:APHC:59062

Accounts Officer, Chittoor. The bill was closed as on 31.03.2025 due to year

end activity.

9. It is respectfully submitted that, now the bill is pending due to non-

availability of budget under the Head of Account: “4702-00-101-11-12-530-

531” (works). Hence the 2^nd part bill was not sent to Assistant Pay & Accounts

Officer, Chittoor for payment. After release of budget to the above Head of

Account, the 2^nd & part bill will be sent to the Assistant Pay & Accounts

Officer, Chittoor for payment”.

4. In view of the aforesaid submission, the Writ Petition is disposed of,

directing the Respondents to pay the aforesaid admitted amounts to the

Petitioner within a period of six (06) months from the date of receipt of a copy

of this order. There shall be no order as to costs.

Consequently, Miscella