1. The present Writ Petition is filed under Article 226 of Constitution of India for the following relief/s:
……..pleased to issue a writ or order or direction, more particularly one in the nature of WRIT OF MANDAMUS, declaring the action of the respondents in withholding the payments of Rs.13,55,886.34 (Rupees Thirteen Lakhs Fifty-Five Thousand Eight Hundred Eighty-six and Thirty-Four Paise Only), payable to the petitioner, for the works executed by the petitioner as illegal, arbitrary, improper, unjust and against the Articles 14 & 21 of Constitution of India and consequently direct the respondents to pay the amounts of Rs.13,55,886.34 (Rupees Thirteen Lakhs Fifty Five Thousand Eight Hundred Eighty-Six and Thirty-Four Paise Only), payable to the petitioner, for the works executed by the petitioner and pass such other order or orders …..
2. It is asserted in the affidavit filed in support of the Writ Petition that the Petitioner is a Civil Contractor used to execute works of Roads and Buildings Department, Panchayat Raj Department and other departments, more particularly laying roads and sewage works etc. The respondents have assigned the following works:
|
S.No. |
Agreement No. |
Name of the work |
|
1. |
/2023-24, dt. 08.12.2023 |
Construction of side drains at south side of Culvert in New Sachivalayam complex in Mangamuru Village of S.N. Pandu Mandal of Estimate Cost Rs.5.00 Lakhs. |
|
2. |
423/2023-24, dt.15.11.2023 |
Construction of side drains at North side of Culvert in new Sachivalayam Complex in mangamuru village of S.N. Padu Mandal of Estimate Cost Rs.2.30 Lakhs. |
|
3. |
421/2023-24, dt.15.11.2023 |
Construction of CC Roads at New Sachivalayam Complex in Mangamuru Village of Estimate Cost Rs.5.00 Lakhs. |
|
4. |
422/2023-24, dt.15.11.2023 |
Construction of Culvert in New Sachivalayam Complex in Mangamuru village of Estimate Cost Rs.4.60 Lakhs. |
3. The petitioner has completed the work as per the schedule and as per the terms of the agreement and despite, the same was entered into the measurement books, the respondents have withheld the amount of Rs.13,55,886.34. The petitioner has approached the respondent authorities for several times, but there is no use, hence, this present Writ Petition is filed seeking a direction to the respondents for payment of withhold amount of Rs.13,55,886.34.
4. The Executive Engineer, PRI Division, Ongole, addressed a letter to learned Government Pleader, Panchayat Raj and Rural Development Department, High Court of Andhra Pradesh, dated 20.02.2025, and admitted execution of work by the petitioner and payment of Rs.13,55,886.34 due to the petitioner. However, in the remarks column of the letter, it is stated that they are not able to pay the petitioner herein as CGMP Grant work bills were not enable in Nidhi Portal for uploadation of bills and after enable of the same in Nidhi portal by the Government of Andhra Pradesh, amounts will be paid to the petitioner.
5. The respondents have not disputed execution of work and the amounts due to the petitioner herein. And admittedly amount was due to the petitioner herein.
6. Therefore, the present Writ Petition is disposed of directing the respondents to pay the amount due to the petitioner herein within a reasonable time. However, not beyond three months from the date of receipt of the order, failing which, the petitioner is entitled for interest @ 6% per annum, from the date of Writ Petition till the date of realization. There shall be no order as to costs.
7. As a sequel, interlocutory applications, if any pending in this Writ Petition shall stand closed.
