M/s. C. Eswara Reddy and Co, Vs the State of Andhra Pradesh

M/S. C. ESWARA REDDY AND CO,, PLOT NO. 14, SIVA SAI COLONY, ANJANEYA NAGAR, MUSAPET, HYDERABAD, TELANGANA STATE. REP. BY ITS MANAGING PARTNER CHITTEPU VISWANADH REDDY.

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CHITTEPU VISWANADH REDDY,, S/O. ESWARA REDDY, AGED 42 YEARS, OCC CONTRACTOR, R/O. F.NO. 14, 15, SHIVA SAI COLONY, ANJANEYA NAGAR, NEAR GHMC, MOOSAPET, BALANAGAR, HYDERABAD, TELANGANA STATE.

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...PETITIONER(S)

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AND

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THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY ROADS AND BUILDINGS (R AND B) DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATI, THULLUR MANDAL, GUNTUR DISTRICT.

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STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, THULLUR MANDAL, GUNTUR DISTRICT.

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THE CHIEF ENGINEER R AND B, NH 86 CRF, NEW R AND B BUILDING, M.G.ROAD, OPP INDIRA GANDHI MUNICIPAL STADIUM, VIJAYAWADA.

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THE SUPERINTENDINGENGINEER, R AND B CIRCLE, KADAPA,

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YSR KADAPA DISTRICT.

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THE EXECUTIVE ENGINEER, R AND B DIVISION, PRODDATUR, YSR KADAPA DISTRICT.

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THE DIRECTOR OF WORKS AND ACCOUNT OFFICER, NIDHI BHAVAN, MANGALAGIRI IT PARK, BEHIND APIIC BUILDING, MANGALAGIRI, GUNTUR DISTRICT.

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THE PAY AND ACCOUNTS OFFICER, WORKS AND ACCOUNTS DEPARTMENT, KADAPA, YSR KADAPA DISTRICT.

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...RESPONDENT(S):

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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 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 not releasing the payments for the works i.e.. Widening and Strengthening of road from Km 8/0 to 18/0 of Gundlakuntla - Peddamudium - Suddapalli- NH 18 road in YSR District through the Agreement CR.No. /2021-22 dated 02-08-2021 for an amount of Rs. 6,92,42,806/- (1st Part bill) and Rs. 1,31,67,435/- (2nd Part bill) totaling an amount of Rs. 8,24,10,241/- as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondent authorities to release Rs. 6,92,42,806/- (lst Part bill) and Rs. 1,31,67,435/- (2nd part bill) for the pending final bills forthwith for the above said works executed by the petitioner and pass such

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IA NO: 1 OF 2024

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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 respondents to consider for payment of amount of Rs. 6,92,42,806/- (fst Part bill) and Rs. 1,31,67,435/- (2^^^ Part bill) for the pending final bills for the works executed by the petitioners i.e.,Widening and Strengthening of road from Km 8/0 to 18/0 of Gundlakuntla - Peddamudium - Suddapalli- NH 18 road in YSR District through the Agreement CR.No. /202122 dated 02-08-2021 for an amount of Rs.6,92,42,806/-(1st Part bill) and Rs. 1,31,67,435/- (2nd Part bill) totaling an amount of Rs. 8,24,10,241/- forthwith, pending disposal of the main Writ Petition and pass such

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Counsel for the Petitioner(S):

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1.RAMBABU KOPPINEEDI

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Counsel for the Respondent(S):

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1.GP FOR ROADS BUILDINGS

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2.GP FOR FINANCE PLANNING

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The Court made the following:

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:: ORDER ::

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The above writ petition has been filed to declare the action of respondent authorities in not releasing the payments for the work done by the petitioner i.e. widening and strengthening of road from km 8/0 to 18/0 of Gundlakuntla – Peddamudium – Suddapalli – NH 18 road in YSR District in pursuance of the agreement vide CR.No./2021-22, dated 02.08.2021, as illegal and arbitrary.

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Heard learned counsel appearing on either side.

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A counter affidavit was filed by respondent No.5. At para No.2 of the counter affidavit, it was stated as follows:

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“…It is submitted that the The wrok „Widening and Strengthening of Gundlakunta – Peddamudium – Suddapalli – NH 18 road from Km 8/0 to 18/0 in YSR Kadapa District., Estimate was sanctioned for Rs. 1500.00 Lakhs and entrusted to M/S. C. Eswara Reddy & Co on tender basis @ 4.455% Excess over ECV vide CR Agreement No. 97/20212022 Dated: 02.08.2021. LS 1^st and Part bill for Rs. 6,92,42,806-00 was uploaded for payment vide CFMS Bill No. 2023-2708860 (Migrated to New Bill No. 2024-173172, the bill is awaited for fund clearance at Finance Department. LS 2^nd and part bill for Rs. 1,31,67,435/- was prepared and transmitted to Assistant Pay and Accounts Officer

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(W&A), Pulivendula vide CFMS Bill No. 2023-2718030 and the same was closed at Assistant Pay and Accounts Officer (W&A), Pulivendula due to end of financial year.

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Further to generate fresh bill, budget is to be released by Govt. As and when the budget is released the LS 2^nd and part Bill will be uploaded and transmitted to Assistant Pay and Accounts Officer (W&A), PUlivendula for further process.”

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Thus, as seen from the averments made in the counter affidavit filed on behalf of respondent No.5, there is no dispute regarding the petitioner‟s execution of work and entitlement to payment. Since there is no dispute regarding the petitioner‟s entitlement, the writ petition is maintainable. In M/s Utkal Highways Engineers and Contractors v. Chief General Manager & Ors . (In SLP (C) No.14350/2022) it was held at Para No.8 as under:

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“Be that as it may, the High court has not dealt with the merits of the writ petition. Moreover, it is not an inviolable rule that no money claim can be adjudicated upon in exercise of writ jurisdiction. Non-payment of admitted dues, inter alia, may be considered an arbitrary action on the part of respondents and for claiming the same, a writ petition may lie.”

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Given the facts and circumstances of the case, the Writ Petition is disposed of at the admission stage with the consent of both the learned counsel, directing the respondents to pay an amount payable to the petitioner regarding the execution of the aforementioned work, within six (06) months from the date of receipt of the copy of the order. No order as to costs.

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As a sequel, pending miscellaneous petitions, if any, shall stand closed.

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___________________________ JUSTICE SUBBA REDDY SATTI

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Date : 08.07.2025 TVN

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