APHC010407852025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3330]

(Special Original Jurisdiction)

MONDAY,THE NINTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 21078/2025 Between:

1. S RI.V.KRISHNA REDDY, , S/O. V.RANGA REDDY, AGE 31 YEARS, B.K.AGRAHARAM, JALADANKI, NELLORE DISTRICT.

...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, ROADS AND BUILDINGS(R AND B) DEPORTMENT SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR.

2. T HE EXECUTIVE ENGINEERR AND B, ROADS AND BUILDINGS DIVISION, KAVALI,SPSRNELLORE DISTRICT.

3. 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 an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the payments of Rs.77,18,886/- (Seventy Seven Lakhs, Eighteen Thousand Eight Hundred and Eighty Six Rupees only) even after finalizing the bills payable to the petitioner in relation to the works i.e. I. Repairs to Government Polytechnic Collage at Kandukur in S.P.S.R. Nellore District, Agreement No. /2023-24, dated 20.01.2024 and pass any other order or orders as this Hon’ble Court may deem fit and proper in the interest of Justice.

IA NO: 1 OF 2025 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 forthwith consider releasing the amounts Rs.77,18,886/- (Seventy Seven Lakhs, Eighteen Thousand Eight Hundred and Eighty Six Rupees only) payable to the petitioner herein, pending disposal of the writ petition and pass such Counsel for the Petitioner:

1. DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S): 1. GP FOR ROADS BUILDINGS 2. GP FOR FINANCE PLANNING The Court made the following order:-

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

“…to issue an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the payments of Rs.77,18,886/- (Seventy Seven Lakhs, Eighteen Thousand Eight Hundred and Eighty Six Rupees only) even after finalizing the bills payable to the petitioner in relation to the works i.e. I. Repairs to Government Polytechnic Collage at Kandukur in S.P.S.R. Nellore District, Agreement No. /2023-24, dated 20.01.2024 and pass any other order or orders…”

2. The respondents have issued tender notifications on 01.12.2023 vide Notification No.NIT 22-01/TO/SE(R&B)NLR/2023-24 inviting bids from various contractors. Petitioner herein who submitted tender has been declared as lowest bidder in the tender proceedings for execution of the work i.e., repairs to Government Polytechnic College at Kandukur in S.P.S.R.Nellore District vide agreement No. /2023-24 and the respondents have executed an agreement on 20.01.2024. The petitioner herein has completed the work during the stipulated period of contract i.e., on 30.04.2025 and the respondent authorities have not paid the amount due to the petitioner herein i.e., Rs.77,18,886/-, the present Writ Petition has been filed seeking a direction to the respondents to release the due amount to the petitioner.

3. The 2^nd respondent herein i.e., the Executive Engineer (R&B) has filed counter affidavit and admitted the execution of the work by the petitioner and recorded the same for executed quantity of work and final bill for gross amount of Rs.77,18,886/- and net amount of Rs.72,54,989/-. It is further stated in the counter affidavit that the details were uploaded in the NIDHI website vid