Ch Panduranga Raju Vs the State of Ap

The State of Andhra Pradesh, Rep by its Principal Secretary to Government, Higher Education Development, Secretariat^Building, Velagapudi, Amaravathi, Guntur District.

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The Dr Y S R Horticultural University, Venkataramannagudem,We^st Godavari District.

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The Executive Engineer, Dr.Y.S.R. Horticultural University, Venkataramannagudem, West Godavari District.

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The Estate Officer, Dr.Y.S.R. Horticultural University, Venkataramannagudem, West Godavari District.

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The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Finance and Planning, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.

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...Respondents

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Petition under Article 22^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 an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the

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Respondents in withholding the payments of pending amounts of Rs.1,17,56,087/(Rupees One Crore Seventeen Lakhs Fifty Six Thousand Eighty Seven only) even after finalizing the bills payable to the petitioner in relation to the works i.e. “I. Construction of Central Library (G + 1 Floors with a Plinth Area of 1600 sqm) at COH,Venkataramanagudem, West Godavari r"" District, Agreement No. 196/2018-19, Dated 15-12- 2018)’ lA NO: 1 OF 2025 ^

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Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to forthwith consider releasing the amounts of Rs.1,17,56,087/- (Rupees One Crore Seventeen Lakhs Fifty Six Thousand Eighty Seven only)payable to the petitioner herein, pending disposal of the writ petition.

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Counsel for the Petitioner: SRI DEVASRI ROSHAN KANCHARLA Counsel for the Respondent No. 1 : GP FOR HIGHER EDUCATION Counsel for the Respondent No’s. 2, 3 & 4:SRI N B CHANDRA SEKHAR^

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SC FOR YSR HORTICULTURE UNIVERSITY

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Counsel for the Respondent No.5:GP FOR FINANCE PLANNING The Court made the following order;

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APHC0ia307682025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3327] (Special Original Jurisdiction)

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MONDAY, THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 15546/2025

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Between:

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1.CH PANDURANGA RAJU, S/0 RAMARAJU, AGE 60 YEARS, R/0 1-118-13, PLOT NO. 131 SECTOR-12, M.V.P.COLONY, VISAKHAPATNAM, ANDHRA PRADESH

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...PETITIONER

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AND

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1.THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEVELOPMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.

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2.THE DR YSR HORTICULTURAL UNIVERSITY, VENKATARAMANNAGUDEM, WESTGODAVARI DISTRICT.

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3.THE EXECUTIVE ENGINEER, DR.Y.S.R. HORTICULTURAL UNIVERSITY, VENKATARAMANNAGUDEM, WEST GODAVARI DISTRICT.

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4.THE ESTATE OFFICER, DR.Y.S.R. HORTICULTURAL UNIVERSITY VENKATARAMANNAGUDEM WEST GODAVARI DISTRICT.

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5.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.

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...RESPONDENT(S):

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V,

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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 an appropriate Writ^Orderor direction more particularly one in the nature of Writ^ofMandamus declaring the action of the Respondents in payments^ofpending amounts of Rs.1,17,56,087/-withholding the Rupees One Crore Seventeen Lakhs Fifty Six Thousand Eighty Seven only)^evenafter finalizing the bills payable to the petitioner in relation^to the works i.e.7. Construction of Central Library (G plus 1 Floors^witha Plinth Area of 1600 sqm) at COH, Venkataramanagudem, West Godavari District, Agreement No.196/2018-19,Dated 15-12-2018) and pass

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lA NO: 1 OF 2025

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support^{ofthepetition,} the High Court may be pleased to direct the respondents to forthwith consider releasing the amounts of Rs.1,17,56,087/(Rupees One Crore Seventeen Lakhs Fifty Six Thousand^Eighty Seven only) payable to the petitioner herein, pending disposal of the writ petition and pass

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Counsel for the Petitioner;

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1.DEVASR1 ROSHAN KANCHARLA

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Counsel for the Respondent(S):

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1.GP FOR HIGHER EDUCATION

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2.N B CHANDRA SEKHAR SC FOR YSR HORTICULTURE UNIVERSITY

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3.GP FOR FINANCE PLANNING

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The Court made the following;

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ORDER

This Writ Petition is filed challenging the action of amount of respondents in withholding the payments of pending finalizing the bill payable to the Rs.1,17,56,087/- even after petitioner in relation to the work i.e. Construction of Central Library of 1600 square meters) at COH, (G+1 Floors with a.plinth area West Godavari District, Agreement Venkataramanagudem No.196/2018-19, dated 15.12.2018). 2. The contents of the affidavit filed in support of the Writ Petition, in brief, are that, the petitioner is a Civil Contractor, used to execute works pertaining to laying of roads and^sewageworks Panchayat Raj Department and other etc., of R&B Department Government Departments; that the respondent No.2 issued Tender Notification on nomination basis in the year 2018 and^{thepetitioner,} 15.12.2018 for an being the lowest bidder, was allotted the work on Rs.397.00 lakhs. The petitioner entered into estimated amount of with respondents and No.196/2018-19 an Agreement work within the stipulated period of subsequently, completed the contract i.e. within 17 months. the terms of the (b) After completion of work, as per officials recorded the same in M-Book Agreement, the respondent

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on 22.09.2023 and after finalizing the formalities viz. QC, Vigilance, the bills were forwarded to the Finance Department,^thefinal bills were sent to respondent No.5 for grant of amount to the petitioner, but the respondents have not chosen to pay the amount^forthe work done by the petitioner, for four years.

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(c) The petitioner approached the respondents for payment of amounts on several occasions, but no action was taken; that the petitioner invested amounts by borrowing from various sources, on interest and executed entire works to the satisfaction of the respondents and the respondents, having been satisfied with the execution of work, prepared bills, but had not released the amounts till date. The interest on the amounts, that were borrowed, was piling up day-by-day and if, the amounts are not paid at the earliest, the petitioner would be put to irreparable loss and hardship. The action of respondents in withholding the amounts payable to the petitioner, even after completion of works, is nothing but illegal, arbitrary and unconstitutional. Hence, the Writ Petition.

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Respondent No.2/Dr. Y.S.R. Horticulture University filed counter-affidavit, contending that the bills, pertaining to Construction work of Central Library (G+1 Floors with a plinth area

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of 1600 sqm) at College of Horticulture, Venkataramannagudem, West Godavari District, were uploaded in CFMS Portal^inthemonth of September, 2023 during the Financial Year 2023-24, but no payment was made for the above bills and they were^returnedto DDO as per Articles 39 and 50 of the Andhra Pradesh^Financial Code in the month of April, 2024; that for re-uploading^thebillsin CFMS portal, during the Financial Year 2024-25, it^wasshownas insufficient budget for given DDO Head of Account combination; that the bills would be re-uploaded only when the Budget^Release Order (BRO) and Administrative Sanction (AS) is released^fromthe Government, but no Budget Release Order (BRO) was released^for the Financial Year 2024-25.

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(b) The budget estimates for the Financial Year 2025-26 were released on 15.07.2025 and administrative sanction was issued on 22.07.2025, in which total amount of Rs.^173.87lakhs was provided under NABARD RIDF Head of Account. The bills would be re-uploaded in the CFMS Portal as and when^thesaid amount is received to the Executive Engineer Account, Dr.Y.S.R.Horticulture University. Therefore, it is prayed to dismiss the Writ Petition.

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Heard the learned counsel for the petitioner and learned Government Pleader for Higher Education representing and learned Government Pleader for Finance respondent No.1 representing respondent No.5.

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A perusal of material on record goes to show that^prior filed Writ Petition to filing of the present Writ Petition, the petitioner No.29309 of 2024 before this Court seeking the same relief as Writ Petition. On 21.01.2025, a learned sought in the present Single Judge disposed of, the Writ Petition No.29309 of 2024 in terms of order passed in Writ Petition No.29248 of^2024,dated 19.12.2024. The relevant paragraph No.4 of the said^Order,dated 19 12.2024 in Writ Petition No.29248 of 2024 reads^thus;

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‘4. /\s there is no dispute with regard to the execution of work and amount due to the petitioner,^theWrit Petition is disposed of directing the respondents to^release the admitted amount of Rs.1,17,56,087/(One Crore Seventeen Lakhs, Fifty Six Thousand Eighty Seven only) to the petitioner within a period of four months from^thedateof of this order, failing which, the writ receipt of a copy petitioner is entitled to claim interest @ 6% per annum from the date of order till the date of realization. There^shallbe no order as to costs.

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Subsequently, the petitioner filed I.A.No.1 of 2025 seeking for changes in the Order, dated 21.01.2025 in Writ Petition No.29309 of 2024 and also filed I.A.No.2 of 2025 seeking for amendment of prayer In the said Writ Petition. However, when I.A.No.2 of 2025 was taken up for hearing by a learned Single Judge on 20.06.2025, learned counsel for the petitioner sought permission for withdrawal of the Writ Petition No.29309 of 2024 with a liberty to file fresh Writ Petition on the same cause of action. Accordingly, on 20.06.2025, a learned Single Judge dismissed the Writ Petition No.29309 of 2024 as withdrawn, granting liberty to file fresh Writ Petition on the same cause of action and as the main Writ Petition was dismissed as withdrawn, I.A.Nos.1 of 2025 and 2 of 2025 were also dismissed.

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A perusal of material on record further goes to show that 2"^^ respondent having desired to construct Central Library (G+1 Floors with a plinth area of 1600 sqm) at COH, Venkataramannagudem, West Godavari District, called for tenders. The petitioner, being the lowest bidder, was allotted the said work and to that effect, an Agreement was executed between the petitioner and 2 nd respondent on 15.12.2018. Admittedly, the petitioner executed the work within the stipulated time and

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submitted the bills, but he petitioner was not paid^{forthesaidwork.} As such, the respondents are responsible for the said delay in making payments to the petitioner, for which, he is legally entitled. 8. A perusal of material on record further goes to show that vide U.O.Note No.168/T(S)/EO/Engg./2024-25, dated 17.12.2024, the Estate Officer of 2^^ respondent submitted^thatan amount of Rs. 1,17,56,087/- work bill was pending for payment to the petitioner and the said bill was 4'^ and Final Bill. It was further mentioned in the said note that the bills, pertaining^{toConstruction} work of Central Library (G+1 Floors with a plinth area of 1600 sqm) at College of Florticulture, Venkataramannagudem, West^Godavari District, were uploaded in CFMS Portal in the month of September, 2023 during the Financial Year 2023-24, but no payment wa$ made for the above bills and they were returned to DDO as per Articles 39 and 50 of the Andhra Pradesh Financial Code in the month of April, 2024 and for re-uploading the bills in CFMS portal, during the Financial Year 2024-25, it was shown as insufficient budget for given DDO Head of Account combination. It was further mentioned that the bill would be re-uploaded only when the Budget^Release Order and Administrative Sanction was released from the Government.

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However, a perusal of G.O.Rt.No.617, dated 22.07.2025 issued by the Government of Andhra Pradesh goes to show that the Registrar, Dr. YSR Horticulture University Venkataramannagudem, West Godavari District was issued Administrative Sanction for an amount of Rs. 1,72,87,000/as additional funds for the purpose of payment of pending bills to avoid further legal complications in Writ Petition^{No.29309of2024} i.e. the present Writ Petition No.15546 of 2025. Learned^counselfor the respondent Nos.2 to 4 in its counter-affidavit^accededthata total sum of Rs. 173.87 lakhs was provided under NABARD^RIDF Head of Account and the bills would be re-uploaded in the CFMS Portal as and when the said amount is received to the Executive Engineer Account, Dr. Y.S.R. Horticultural University.

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In view of the same, having regard to the facts and circumstances of the case, the respondents are directed^torelease the pending amount of Rs. 1,17,56,087/- (One Crore^Seventeen Lakhs, Fifty Six Thousand and Eighty Seven only) to the petitioner within a period of six (06) weeks from the date of receipt of a copy of this order, failing which, the Writ Petitioner is^{entitledtoclaim} interest @ 6% per annum from the date of order till^thedateof realization.

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