Imperial Costal Infra Vs the State of Andhra… — Writ and Judicial Review | Andhra Pradesh HC (2025)

Imperial Costal Infra Vs the State of Andhra… — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

Writ petition allowed without costs: the Pay & Accounts Officer (Works Accounts), the Director of Works Accounts and the Curator, Indira Gandhi Zoological Park, Visakhapatnam were directed to erase all technicalities within four weeks and to transfer the due bill amount (Rs. 4,98,655/-) to the petitioner's account within three weeks thereafter; interlocutory applications closed in terms of the order.

Issue for consideration

Whether the respondents' non-release and non-payment of the bill amounts of Rs. 4,98,655/- (Rs. 2,78,339/- plus Rs. 2,20,316/- for two works) despite completion of the works is illegal and arbitrary as violative of Articles 14, 16 and 21 of the Constitution, warranting a writ of mandamus directing payment to the petitioner.

Court's answer

Having regard to the Written Instructions furnished by the Pay & Accounts Officer and the response between the officers, the Court deemed it appropriate to allow the Writ Petition, directing the Pay & Accounts Officer (Works Accounts), the Director of Works Accounts and the Curator, Indira Gandhi Zoological Park, Visakhapatnam to erase ('crease-out') all technicalities within four weeks from the date of the order and to transfer the due amount to the account of the Writ Petitioner within three weeks thereafter.

Ratio / Principle

With these observations and directions, the Writ Petition stands allowed, and no order as to costs was made.

Key takeaways

Interlocutory Applications, if any, stand closed in terms of this order.ratio¶¶56

Detailed headnote1 paragraphs

Andhra Pradesh High Court at Amaravati (Special Original Jurisdiction), decided 24-03-2025 by Justice Gannamaneni Ramakrishna Prasad — W.P. No. 5340 of 2025 ALLOWED. Imperial Costal Infra (petitioner) sought a writ of mandamus under Article 226 against the State of A.P. (Principal Secretaries, Forest Department and Finance & Planning Department), APDRP Project Manager/Deputy Project Manager-Curator, Indira Gandhi Zoological Park, the Pay & Accounts Officer, Visakhapatnam and the Director of Works Accounts, Mangalagiri (R.R. 5 and 6 having been suo motu impleaded by order dt. 05.03.2025), for non-release and non-payment of bills totalling Rs. 4,98,655/- (Rs. 2,78,339/- plus Rs. 2,20,316/- for two works) despite completion of the works, pleaded as illegal, arbitrary and violative of Articles 14, 16 and 21 of the Constitution; interim relief was sought under Section 151 CPC (IA No. 1). Acting on Written Instructions of the Pay & Accounts Officer (FAC), Works Accounts, Visakhapatnam dated 22.03.2025 and PAO–Curator correspondence dated 18.03.2025/20.03.2025 showing that the Director of Works Accounts was to be moved to create an EMD/FSD refund bill through the Head of Account in the CFMS portal, the Court directed the Pay & Accounts Officer (Works Accounts), the Director of Works Accounts and the Curator to erase ('crease-out') all technicalities within four weeks and transfer the due amount to the writ petitioner's account within three weeks thereafter. No order as to costs; interlocutory applications closed.

IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) ^ MONDAY, THE TWENTY FOURTH DAY OF MARCH ft TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 5340 OF

Between:

Imperial Costal Infra, Rep. by its Managing Director K. Subba Raju, S/o. K. V. S. N. Raju, Aged about 56 years, R/o Flat No. 45-A, Santosh Nagar Colony, Mehidipantam, Hyderabad.

...PETITIONER

AND

The State of Andhra Pradesh, Rep. by its Principal Secretary, Forest Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District.

The Project Manager, Andhra Pradesh Disaster Recovery Project, Visakhapatnam, Visakhapatnam dist.

The Deputy Project Manager, APDRP / The Curator, Indira Gandhi Zoological Park, Visakhapatnam. Visakhapatnam dist

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

The Pay and Accounts Officer, Visakhapatnam, Andhra Pradesh.

The Director of Works Accounts, Mangalagiri, Andhra Pradesh. (RR 5 and 6 are Suo Moto impleaded as per the Court’s Order dt.05.03.2025 in Writ Petition and affidavit)

...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 a Writ, Order or direction more particularly one in the

^ nature of Writ of Mandamus to declaring the action on the part of the respondents herein, not releasing and pay the deposit amounts worth of Rs. 4,98,655/-(Rs.2,78,339/+ 2,20,316/- 2 works) even though works are completed as illegal, arbitrary and violation of Article 14, 16 and 21 of Constitution of India and consequentially to direct the respondents to release and pay the bill worth of Rs. Rs. 4,98,655/-(Rs.2,78,339/- + 2,20,316/- 2 works) petitioner forthwith.

lA NO: 1 OF pnri;

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed i m support of the petition, the High Court may be pleased to direct the respondents to release and pay the bill worth of Rs. 4,98,655/-(Rs.2,78,339/+ 2,20,316/- 2 works) to the petitioner forthwith pending disposal of the above writ petition. Counsel for the Petitioner: Ms. SAMEERA BOKKA

BOKKA

Counsel for the Respondent Nos.1 to 3: GP FOR FORESTS Counsel for the Respondent Nos.4 to 6: GP FOR FINANCE & PLANNING The Court made the following: ORDER

[3328]

As

APHC010100332025

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

(Special Original Jurisdiction)

MONDAY ,THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD

WRIT PETITION NO: 5340/2025

Between:

IMPERIAL COSTAL INFRA, REP. BY ITS MANAGING DIRECTOR K. SUBBA RAJU, S/0 K V S N RAJU, AGED ABOUT 56 YEARS, R/0 FLAT NO. 45-A, SANTOSH NAGAR COLONY, MEHIDIPANTAM, HYDERABAD.

...PETITIONER

AND

1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY,FOREST DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.

2.THE PROJECT MANAGER, ANDHRA PRADESH DISASTER RECOVERY PROJECT,VISAKHAPATNAM, VISAKHAPATNAM DIST.

3.THE DEPUTY PROJECT MANAGER, , APDRP / THE CURATOR, INDIRA GANDHI ZOOLOGICAL PARK, VISAKHAPATNAM. VISAKHAPATNAM DIST

4.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY,FINANCE AND PLANNING DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI,AMARAVATI.

5.THE PAY AND ACCOUNTS OFFICER, VISAKHAPATNAM, ANDHRA PRADESH.

6.THE DIRECTOR OF WORKS ACCOUNTS, MANGALAGIRI, ANDHRA PRADESH. RR 5 AND 6 ARE SUO MOTO IMPLEADED AS PER THE

2

COURT'S ORDER DT.05.03.2025.

...RESPONDENT(S):

Counsel for the Petitioner:

1.SAMEERA BOKKA

Counsel for the Respondent(S):

1.GP FOR FORESTS

2.GP FOR FINANCE PLANNING

The Court made the following ORAL ORDER:

Fleard Ms. Sameera Bokka, learned Counsel for the Writ Petitioner; Sri Panuku Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj & Rural Development and Finance & Planning and^{SriKataSambasiva} Rao, learned Assistant Government Pleader for Forests.

Sri Panuku Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj & Rural Development and Finance & Planning^hassubmitted the Written Instructions furnished by the Pay & Accounts Officer (FAC), Works Accounts, Visakhapatnam dated 22.03.2025 along with some material documents. Copies of it are also supplied to the learned Counsel for the Writ Petitioner. The same is taken on record. 3. The Written Instruction would indicate that the Office of the Pay & Accounts Officer has addressed a letter to the Director of Works Accounts for taking necessary action in resolving the error for raising the bills.

Sri Kata Sambasiva Rao, learned Assistant Government Pleader for Forests has submitted certain correspondence between the Pay & Accounts Officer and the Curator, Indira Gandhi Zoological Park, Visakhapatnam dated 18.03.2025 and vice-versa by the Curator, Indira Gandhi Zoological Park, Visakhapatnam to the Pay & Accounts Officer, Visakhapatnam dated 20.03.2025. The letter dated 20.03.2025 would indicate that the Director of Works Accounts, A.P., Mangalagiri was requested/(o take necessary action to

r .

resolve the issue by creating EMD/FSD refund bill by^{theCuratorthroughthe} Head of Account in CFMS portal for the purpose of refunding^theEMD/FSDto the Curator in order to avoid further legal complications.

Having regard to the instructions furnished by the^Pay&Accounts Officer to the learned Government Pleader and the response^betweenthe Officers mentioned above, this Court deems it appropriate^{toallowtheWrit} Petition directing the Pay & Accounts Officer, Works^Accounts; Director of Works Accounts and the Curator, Indira Gandhi Zoological Park, Visakhapatnam to crease-out all technicalities within^{aperiodoffourweeks} from today and transfer the due amount to the account^{oftheWritPetitioner} within three weeks thereafter.

e.With these observations and directions, this Writ Petition stands allowed. No order as to costs.

7.Interlocutory Applications, if any, stand closed in t^ms of this order.

Sd/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SEC^fik^FiCERX

To,

The Principal Secretary, Forest Department, State^{ofAndhraPradesh,} Secretariat Buildings, Velagapudi, Amaravati, Guntur^District.

The Project Manager, Andhra Pradesh Disaster Recovery^Project,

Visakhapatnam, Visakhapatnam dist.

The Deputy Project Manager, APDRP / The Curator,^IndiraGandhi Zoological Park, Visakhapatnam. Visakhapatnam dist

The Principal Secretary, Finance and Planning Department,^Stateof Andhra Pradesh, Secretariat Buildings, Velagapudi,^Amaravati.

The Pay and Accounts Officer, Visakhapatnam, Andhra^Pradesh.

The Director of Works Accounts, Mangalagiri, Andhra^Pradesh.

One CC to M/s. Sameera Bokka, Advocate [OPUC]

Two CCs to GP for Forests, High Court of Andhra^{Pradesh.[OUT]}

Two CCs to GP for Finance and Planning, High Court^ofAndhra Pradesh. [OUT]

Three CD Copies.

ssb

.4^

HIGH COURT

DATED:24/03/2025

ORDER

WP.No.5340 of 2025

ALLOWING THE W.P. WITHOUT COSTS