In a writ petition challenging the non-payment of admitted construction bills, the High Court directed respondents to release the claimed amount of Rs. 1,86,12,109/- along with 6% interest within three months, noting the decision was pending audit clearing.
Release of Rs. 1,86,12,109/- along with 6% per annum interest within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)
THURSDAY, THE FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 1951 OF 2024
Between:
Nas Babu Constructions Pvt. Ltd, Rep. by its Managing Director NW Nagendram, S/o. Venkateswara Rao, R/o. D.No.10-150-A2,1st Lane Raiendra Nagar, Gudivada, Krishna District.
...PETITIONER
AND
...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 to issue an appropriate writ or order or a direction more particularly one in the nature of writ of MANDAMUS declaring the action of the respondents in not releasing the admitted LS 4 and Final bill amount of Rs. 1,86,12,109/even after finalizing the bill payable to the petitioner after successful execution of work for Channelisation of Budameru Major Drain (Below Enekepadu U.T. to Kolleru Lake) from Km 34.000 To Km. 42.500 (Package No. 15-1-4) Modernization vide Agreement.No.40 SE/2015-16 Dt.18.01.2016 in Water Resources Department, Irrigation Circle, Vijayawada in Drainage Sub-Division, Gudivada, as is illegal.
arbitrary and violative of Articles 14,21 and 300-AoftheConstitutionofIndiaand also violative of principles of natural justice and consequently direct the respondents to consider the payment of amount for Rs.1,86,12,109/-duetothe petitioner in respect of execution of work forthwithinterestof18%.
lA NO: 1 OF 2024
Petition under Section 151 CPC praying that in thecircumstancesstatedin the affidavit filed in support of the writ petition,theHighCourt may bepleasedto direct the respondents to consider the payment of admittedLS4andFinal bill amount of Rs. 1,86,12,109/- due to the petitioner forexecution of work for “Channelisation of Budameru Major Drain (Below Enekepadu U.T. to Kolleru Lake) from Km 34.000 To Km. 42.500 (Package No. 15-1-4)Modernization”vide Agreement.No.40 SE/2015-16 Dt.18.01.2016 in Water ResourcesDepartment, Irrigation Circle, Vijayawada in Drainage Sub-Division,Gudivada,immediately, pending disposal of the main writ petition.
Counsel for the Petitioner: SRI BATTULA SANJAIAH GANDHI
Counsel for the Respondent Nos.1, 3 to 6: GP FOR IRRIGATIONAND COMMAND AREA DEVELOPMENT
Counsel for the Respondent No.2: GP FOR FINANCE ANDPLANNING
The Court made the following: ORDER
THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No, 1951 of 2024
ORDER:
- The petitioner had been awarded the contract of various works under subject scheme in Krishna District. After execution of the said contract, a final bill was prepared for a sum of Rs. 1,86,12,109/as per the sanctioned orders. As the payment of the saidamounthas not been made by the respondents, the petitioner has approached this Court by way of this writ petition.
- This Court, in various orders, including the judgment of a learned Single Judge of this Court dated 05.10.2021in W.P.No. 10038 of 2021 and batch had taken the view that such non-paymentofdues is arbitrary and that such dues need to be cleared by the respondents at the earliest.
- On the other hand, learned Government Pleader for Irrigation while admitting about the claim of the petitioner filed a counter by the
2
Sti' respondent. He would submit that the work was executed by the petitioner. The measurements were recorded vide M Book Nos. 5682 DG and 5683 DG for the work “Channelisation of Budameru Major Drain (Below Enkepadu U.T to Kollleru Lake) from Km 34.000 to Km.42.500 (Package No. 15-1-4) Modernization' and the bill is pending at Divisional level. The Government issued G.O.Ms No.365, dated 08-07-2020 for preclosure of certain works in which this subject work was also included for pre closure. The concerned Deputy Executive Engineer and Executive Engineer check measured the measurements and quantified.
- In view of the aforesaid directions of this Court ini various cases and after hearing the submissions of learned counsel for the petitioner, learned Government Pleader for Irrigation this Writ Petition is disposed of with a direction to the respondents to release the amount of Rs. 1,86,12,109/-to the petitioner, along with the interest
3
@ 6% per annum, in view of the judgment of the HonTDle Division Bench of this Court in Writ Appeal No.724 of 2021 and batch dated 12.10.2023, within a period of three (03) months from the date of receipt of a copy of this order. It would also be open to the petitioner to agitate his claim for higher rate of interest and due amount, if any, payable by the respondents, in an appropriate forum. There shall be no order as to costs.
Consequently, Miscellaneous Petitions, if any, pendingin this Writ Petition shall stand closed.
//TRUE COPY//
Sd/- S.SRINIVAS PRASAD ASSISTANT REGISTRAR SEC N^FICER
To,
10.Three C.D. Copies.
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HIGH COURT
DATED:04/04/2024
ORDER
WP.No.1951 of 2024
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DISPOSING OF THE W.P. WITHOUT COSTS
3 issues framed by the court
Whether the High Court can direct the payment of admitted bill amounts withheld due to non-dropping of audit paras.
Whether the non-payment of the final bill is arbitrary and violative of constitutional rights.
Whether the respondents are directed to release the admitted bill amount along with interest.
2 provisions across 2 enactments
Nas Babu Constructions Pvt. Ltd.
State Of AP, Rep. by its Principal Secretary, Irrigation and Command Area Development Department
State Of Andhra Pradesh, Rep. by its Principal Secretary, Department of Finance and Planning
The Chief Engineer, Krishna Delta System
The Superintendent Engineer, Irrigation Circle, Vijayawada
The Executive Engineer, Drainage Division, Gudivada
Venkateswarlu Nimmagadda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
