M/s Kion Projects and Industries, Vs The State of Andhra Pradesh

M/S KION PROJECTS AND INDUSTRIES,, FIRM NO. 208 OF 2019 VILLA NO. 190, RAMAKRISHNA TOWNSHIP, NEAR ACHARYA NAGARJUNA UNIVERSITY, NAMBURU, GUNTUR DISTRICT. REP. BY ITS MANAGING PARTNER, BELLA VISHNUVARDHANA REDDY, S/O B. NAGI REDDY, AGED ABOUT 38 YEARS, R/O H.NO. 1-49, NIDAMARRU VILLAGE, MANGALAGIRI MANDAL, GUNTUR DISTRICT.

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...PETITIONER

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AND

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1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, A.P SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT.

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THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING A.P SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT.

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THE ANDHRA PRADESH COMPREHENSIVE FINANCIAL MANAGEMENT SYSTEM CFMS, 6TH FLOOR, C BLOCK, ANJANEYA TOWERS, IBRAHIMPATNAM, KRISHNA DISTRICT, REP. BY ITS CHAIRMAN.

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THE DISTRICT COLLECTOR, KRISHNA DISTRICT, COLLECTORATE MAIN BUILDING, COLLECTORATE, CHILAKALAPUDI MACHILIPATNAM 521002.

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THE SUBCOLLECTOR, NUZVID, KRISHNA DISTRICT.

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THE TAHSILDAR, GANNAVARAM MANDAL, KRISHNA DISTRICT.

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THE ASSISTANT ENGINEER HOUSING, VIJAYAWADA URBAN,

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AP. STATE HOUSING CORPORATION LTD., AT VIJAYAWADA.

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1. THE DEPUTY EXECUTIVE ENGINEER HOUSING, VIJAYAWADA URBAN, AP. STATE HOUSING CORPORATION LTD., AT VIJAYAWADA.

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THE DISTRICT TREASURY OFFICER, KRISHNA DISTRICT. ...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 a writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not paying the admitted total bill amount of Rs.14,37,180 (Fourteen issue Lakhs Thirty Seven Thousand One hundred and Eighty) which includes Rs.2,30,290 for work executed to 6^th respondent namely Excavation of Ac 4-00 cents land in Hillock portion and levelling the land in Rs.No.9 of Kondapavuluru village of Gannavaram mandal entrusted by 6th respondent vide proceedings in Rc.A/39/2019 dated 17-06-2020 and also Rs 12,06,890payable to petitioner for work executed namely Excavation of Ac 20-00 cents land in Hillock portion and levelling the land in Rs.No. 6,8, 10 of Kondapavuluru village of Gannavaram mandal entrusted by 6^th respondent vide proceedings in Rc.A/39/2019 dated 20-07-2020, despite finalizing the bills as illegal, arbitrary, unconstitutional and consequently direct the respondents herein to immediately pay the due amount of Rs 14,37,180 ( Fourteen Lakhs Thirty seven thousand One hundred and Eighty)payable to petitioner for the above 2 works executed for 6threspondent under the said proceedings with an interest @ 12 percent per annum.

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Counsel for the Petitioner:

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1.SASANKA BHUVANAGIRI

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Counsel for the Respondent(S):

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1.GP FOR REVENUE

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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 present Writ Petition is filed to direct the respondents herein to release the bill amount of Rs.14,37,180/- for the work executed to respondent No.6, i.e., “Excavation of Ac.4-00 cents land in Hillock portion and leveling the land in RS.No.9 of Kondapavuluru village of Gannavaram Mandal” and also a bill amount of Rs.12,06,890/- for the work executed, i.e., “Excavation of Ac.20-00 cents land in Hillock portion and leveling the land in RS.No.6, 8, 10 of Kondapavuluru village of Gannavaram mandal”.

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Learned State Counsel placed on record the written instructions addressed by the Tahsildar and the relevant part of the written instructions is extracted hereunder:

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"After decutions: Rs.2,30,290/- was found payable for the work in R.S.No.9 and Rs.12,06,890/- was found payable for the work in R.S.Nos.6, 8, 10.

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The total certified amount: Rs.14,37,180/-.

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These bills were forwarded to the Sub-Collector, Nuzvid, and the District Collector, Krishna, along with the necessary documents on 23.07.2021 and again on 30.05.2022, requesting release of payment.

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Submission and Departmental Standpoint:

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The Revenue Department’s role was limited to: Identification and allotment of suitable government land. Entrustment of leveling works due to practical necessity.

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Certification and forwarding of bills after completion of works. The payment processing and release of funds are within the purview of: AP State Housing Corporation, District Treasury Officer and Finance Department (CFMS)

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The Revenue Department acted in good faith and within its jurisdiction, and there is no dispute regarding the work done or the certified bills and to pass such other orders or orders as this Hon’ble Court may deems fit just and proper in the circumstances of the case."

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In the case of The D.F.O., South Kheri And Ors. Vs Ram Sanehi Singh reported in (1971) 3 SCC 864, the Hon’ble Apex Court held that when a State decides not to pay the dues with mala fide, with ulterior motives or arbitrarily or when the State avoids payment of the dues with mala fide, with ulterior motives, arbitrarily or when the State discriminates, while making payment dues, such a decision of the State not to pay or such an act of the State of not paying its dues cannot be said to be wholly beyond the reach of Article 226, for asking the writ court to do is to force the State to act in accordance with its constitutional obligation by adhering to the letter and spirit of Articles 14 and 21 of the Constitution of India.

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In a catena of cases, this Court had held that where dispute revolves round questions of fact, the matter ought not be entertained under Article 226 of the Constitution of India. In the present case, the respondents have not disputed the payment of compensation to the petitioner for the property acquired. And the respondents have

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manifested in their written instructions that the bills were forwarded to the Sub-Collector, Nuzvid, and the District Collector, Krishna, along with the necessary documents on 23.07.2021 and again on 30.05.2022, requesting release of payment and the payment processing and release of fund are within the purview of the AP State Housing Corporation, District Treasury Officer and Finance Department (CFMS).

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The respondents herein have not disputed the execution of the work and the petitioner’s entitlement of the bill amounts.

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Hence, the Writ Petition is disposed of, directing the respondents herein to release the admitted amounts to the petitioner within a period of two months from the date of receipt of a copy of this order. There shall be no order as to costs.

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As a sequel thereto, Interlocutory Applications pending, if any, shall stand closed.

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__________________________________ JUSTICE TARLADA RAJASEKHAR RAO

Date: 09.09.2025

siva

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THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO