Sri Seshachala Constructions Vs the State of Andhra Pradesh

SRI SESHACHALA CONSTRUCTIONS, REPRESENTED BY ITS MANAGING PARTNER, N. SIDDESWARA REDDY, D.NO.6-11-98, MCR COLONY, TIRUPATHI URBAN MANDAL, TIRUPATHI DISTRICT (FORMERLY CHITTOOR DISTRICT).

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...PETITIONER

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AND

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THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT, AMARAVATI, GUNTUR DISTRICT.

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THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF SCHOOL EDUCATION, SECRETARIAT, AMARAVATI, GUNTUR DISTRICT.

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THE STATE PROJECT DIRECTOR, SAMAGRA SHIKSHA, ANDHRA PRADESH, AMARAVATI, GUNTUR DISTRICT, ANDHRA PRADESH.

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SAMAGRA SHIKSHA, ANDHRA PRADESH, REPRESENTED BY ITS CHIEF ENGINEER, AMARAVATI, GUNTUR DISTRICT.

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THE EXECUTIVE ENGINEER, SAMAGRA SHIKSHA, ANDHRA PRADESH, TIRUPATI, TIRUPATI DISTRICT.

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THE DEPUTY EXECUTIVE ENGINEER QUALITY CONTROL,

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2

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SAMAGRA SHIKSHA (APSS), KURNOOL, KURNOOL DISTRICT, ANDHRA PRADESH.

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THE DISTRICT COLLECTOR, TIRUPATI DISTRICT, COLLECTORATE TIRUPATI, ANDHRA PRADESH.

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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 topleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus for declaring the inaction of the respondents in releasing the total final bill amounts to the petitioner under four Agreements bearing No. /2020-21 dated 05.08.2020 of CE/APSS, Amaravati, under NABARD (RIDF-XXV) 2019-2020 Grant implemented by Samagra Shiksha, Andhra Pradesh, vide (i) Rs.5,26,236/- towards ZPHS Narayanavanam (ii) Rs.7,02,740/- towards ZPHS Pichatur (iii) Rs.4,87,093/- towards ZPHS Vijayapuram and (iv) Rs. 15,05,434/- towards ZPHS K.V.B. Puram, aggregating to a total of Rs.32,21,503/- along with interest, despite the Quality Control inspection having been conducted on 05.11.2023 with nil recovery certified and the final bills being uploaded in CFMS, as illegal, arbitrary, violative of principles of natural justice and unconstitutional and consequently direct the respondents to release the said total final bill amount of Rs.32,21,503/- along with interest to the petitioner and to pass

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IA NO: 1 OF 2026

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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 the respondents to release the total final bill amount of Rs.32,21,503/- being (i) Rs.5,26,236/- towards ZPHS Narayanavanam; (ii) Rs.7,02,740/- towards ZPHS Pichatur; (iii) Rs.4,87,093/- towards ZPHS Vijayapuram; and (iv) Rs. 15,05,434/- towards ZPHS K.V.B. Puram, along with interest to the petitioner, pending disposal of the above writ petition, or pas

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Counsel for the Petitioner:

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1.RAMESH BABU TALLURI

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Counsel for the Respondent(S):

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1.GP FOR SCHOOL EDUCATION

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3

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2.GP FOR FINANCE PLANNING

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The Court made the following:

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4

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ORDER:-

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Heard Sri Ramesh Babu Talluri, learned counsel for the petitioner, learned Government Pleader for Finance and Planning appearing for the respondent No.1, learned Government Pleader for School Education appearing for the respondent No.2 and learned Standing Counsel appearing for the respondent Nos.3 to 6.

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The present writ petition is filed challenging the action of the respondents in not releasing the final bill amounts of Rs.32,21,503/- due to the petitioner.

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It is contended that the sums are due to the petitioner, on account of the execution of works relating to providing additional infrastructural facilities to four different Zilla Parishad High Schools in Tirupati District.

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When the matter has been coming up for consideration, the learned Government Pleader for School Education has placed before the Court a copy of the instructions received by him in the case. A perusal of the same would reflect that final bills in respect of each of the work have been processed by the 5^th respondent, the net amount payable to the petitioner is determined as Rs.32,21,503/-.

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Having regard to the same, as the said sum of Rs.32,21,503/- is admitted to be payable to the petitioner, this Court deems it appropriate to dispose of the writ petition directing the respondent Nos.1 to 5 and 7 to remit

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5

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the admitted amount of Rs.32,21,503/- to the petitioner within a period of

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three (3) months from the date of receipt of copy of the order.

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