APHC010195382024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

THURSDAY,THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 9823 OF 2024 Between:

1. R K INFRA PROJECTS FIRM, D.No. 8/404, Amalapuram Road, Ravulapalem Village and Mandal, Dr. B.R. Ambedkar Konaseema District. Rep. by its Managing Director Bethireddy Nagendra Reddy.

2. Bethireddy Nagendra Reddy,, S/o. Venkata Satyanarayana Reddy, Aged 42 years,Occ Contractor, R/o. Door No. 2-392/1, Ubalanka Village, Ravulapalem Mandal, Dr. B.R. Ambedkar Konaseema District.

...Petitioners AND

1. THE STATE OF ANDHRA APRADESH, Represented by its Principal Secretary, Tribal Welfare Department, Secretariat Buildings, Velagapudi, Thullur Mandal, Amaravathi, Guntur District.

2. State of Andhra Pradesh, Rep. by its Principal Secretary Finance Department, Secretariat, Velagapudi, Amaravathi, Thullur Mandal, Guntur District.

3. The Director of works and Account Officer, Nidhi Bhavan, Mangalagiri IT Park, Behind APIIC Building, Mangalagiri, Guntur District.

4. The EngineerinChief, Tribal Welfare Department, Vijayawada.

5. The District Collector, Alluri Seetharamaraju District, Paderu.

6. The Chief Planning Officer, Alluri Seetharamaraju District, Paderu.

7. The Superintending Engineer, Tribal Welfare Circle, Visakhapatnam

8. The Executive Engineer, Tribal Welfare, Araku, Alluri Seetharamaraju District.

9. The Project Officer, Integrated Tribal Development Agency (ITDA), Paderu, Alluri Seetharamaraju District.

...Respondents 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 topleased to issue a Writ, Order, or Direction more particularly one in the nature of WRIT OF MANDAMUS or any other appropriate writ or direction declaring the action of the respondents in withholding the payment of balances of Rs. 85,06,878/- even after finalizing the bills, payable to the petitioner in relation to the work i.e..Construction of the Bridge across LogiliGadda on the road from Araku- Kollaput road to Gasaba at Logili in Dumbriguda Mandal of Visakhapatnam District (Now Alluri Seetharamaraju District) under SCA Grant (Special Central Assistance) through the Circle Agreement No. 68/2022-2023/DB, dated 08-12-2022 for (1st part bill of Rs. 43,56,929/-, 3rd part bill of Rs. 14,80,187/- and 3rd part bill of Rs. 26,69,762/-) totaling an amount of Rs. 85,06,878/- as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondents to consider for payment of amount of Rs. 85,06,878/- 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 pleased to direct the respondents to consider for payment of amount of Rs. 85,06,878/- in respect of execution of work i.e.,Construction of the Bridge across LogiliGadda on the road from Araku- Kollaput road to Gasaba at Logili in Dumbriguda Mandal of Visakhapatnam District (Now Alluri Seetharamaraju District) under SCA Grant (Special Central Assistance) through the Circle Agreement No. 68/2022-2023/DB, dated 08-12-2022 for (1 st part bill of Rs. 43,56,929/-, 3rd part bill of Rs. 14,80,187/- and 3rd part bill of Rs. 26,69,762/-) totaling an amount of Rs. 85,06,878/- forthwith pending disposal of the main Writ Petition and pass Counsel for the Petitioners: RAMBABU KOPPINEEDI Counsel for the Respondents: GP FOR SOCIAL WELFARE (AP)

Counsel for the Respondents: GP FOR FINANCE PLANNING (AP)

The Court made the following order:

THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 9823/2024

O R DE R:

1. The Writ Petition is filed questioning the action of the Respondents in not paying Rs.85,06,878/- towards the works performed by the Petitioner in relation to constru