The petitioner, an individual contractor, filed a writ petition seeking a mandate for payment of Rs. 5,37,505/- towards a completed government work, alleging non-payment by the State authorities was illegal and arbitrary.
Direction to respondents to pay Rs. 5,37,505/- along with 6% per annum interest within two 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 AT AMARAVATI
(Special Original Jurisdiction)
WEDNESDAY, THE THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FOUR
PRESENT
V,
o,
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADD)^
WRIT PETITION NO: 6073 OF 2024
Between:
/
Nutheti Ramanaiah, S/o. Obaiah Age 52-years, R/o. D. No. 8-1, Kamakshi Nagar Santhapeta, Nellore Town, SPSR Nellore District.
...Petitioner
AND
Irrigation and CAD Department, Secretariat Velagapudi, Amaravati, Guntur District.
...Respondents
Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order, or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in not paying bill amount of Rs. 5,37,505/- towards the work
executed by the petitioner i.e Maintenance of Inspection path on R/B of Gurakula Dibba near Inamadugu (V) in Kovur (M) of SPSRNelloreDistrict 356 O AND M/DN/2020-21, Dated under Agreement No. 22.12.2020, in spite of approval, as illegal, arbitrary, malafidy, against to the principles of natural justice, contrary to law and in violation of Article 14, 21 and 19(l)(g) of the Constitution of India and consequently direct the respondents to pay the approved bill amount along with interest to the petitioner in the interest of justice.
lA NO: 1 OF 2024
Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to pay bill amount of Rs. 5,37,505/- towards the work executed by the petitioneri.e Maintenance of Inspection path on R/B of Gurakula Dibba near Inamadugu (V) in Kovur (M) of SPSR Nellore District under Agreement No. 356 O & M/DN/2020-21, Dated 22.12.2020, pending disposal of the above writ petition in the interest of justice.
Counsel for the Petitioner: SRI. KAMBHAMPATI RAMESH BABU
Counsel for the Respondent Nos. 1 & 3 to 5: GP FOR IRRIGATION COMM AREA DEV
Counsel for the Respondent No.2: GP FOR FINANCE AND PLANNING
The Court made the following: ORDER
$
APHCOlOl 11202024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
[3329]
WEDNESDAY ,THE THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO; 6073/2024
Between;
Nutheti Ramanaiah
...PETITIONER
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
l.KAMBHAMPATI RAMESH BABU
Counsel for the Respondent(S):
The Court made the following:
ORDER;
- The petitioner has been awarded the contract of work(s)underthe subject scheme in SPSR Nellore District. After execution of the said contract, final bill was prepared for a sum of Rs.5,37,505/- as per the sanctioned orders. As the payment of the said amount has 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 judgmentofalearned Single Judge of this Court dated 05.10.2021 in W.P.No.10038of2021 and batch had taken the view that such non-payment of dues is arbitrary and that such dues need to be cleared by the respondentsattheearliest.
- On the other hand, learned Government Pleader for Irrigation placed on record the written instructions dated 02.04.2024submittedby the Executive Engineer, Nellore, wherein, it is statedthatduetolackof LOC, the bill was not paid to the petitioner. Soon afterreleaseofLOC, the bill amount due to the petitioner will be paid to the petitioner. 5. In view of the aforesaid directions of this Court invariouscases and after hearing the submissions of learned counselfor 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.5,37,505/- to the petitioner, along with the interest @ 6% per annum. in view of the judgment of the HonT)le Division BenchofthisCourtin Writ Appeal No.724 of 2021 and batch dated 12.10.2023,withinaperiod of two (02) months from the date of receipt of a copy of this order. It would also be open to the petitioner to agitate his claimfor higherrateof
/
s
interest, if any payable by the respondents, in an appropriate forum. There shall be no order as to costs.
Consequently, Miscellaneous Petitions, if any, pendinginthisWrit
Petition shall stand closed.
Sd/- M SURYANADHA REDDY DEPUTY REGISTRAR
//TRUE COPY//
SECTION OFFICER
To,
- Three CD Copies csb
HIGH COURT
♦
csb
DATED:03/04/2024
ORDER
WP.No.6073 of 2024
DISPOSING THE WP WITHOUT COSTS
2 issues framed by the court
Whether the High Court can issue a writ of mandamus directing payment of the sanctioned bill amount pending under an executed government work contract.
Whether the non-payment of the bill amount by the respondents is arbitrary and violative of fundamental rights justifying judicial intervention.
Nutheti Ramanaiah
The State Of Andhra Pradesh
The Principal Secretary, Irrigation and CAD Department
The Principal Secretary, Finance and Planning Department
The Engineer - in-Chief, Irrigation AND CAD Department
The Commissioner, CAD
Venkateswarlu Nimmagadda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
