Pallamela Raja Babu vs The State of Andhra Pradesh

IN THE HIGH COURT OF ANDHRA PRADESH:: AMARAVATI THE HON'BLE SRI JUSTICE B KRISHNA MOHAN FRIDAY, THE 18TH DAY OF AUGUST, TWO THOUSAND AND TWENTY THREE WRIT PETITION No.

17919 of 2023 Between: Pallamela Raja Babu, S/o.

P.

Subbarao, Aged about 53 years, Occ: Contractor, R/o.

D.No.6-25, Sunkollu, Enamadala, Nuzvid Mandal, Krishna District. ….Petitioner And The State of Andhra Pradesh represented by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat buildings at Velagapudi, Amaravati, Guntur District and 5 others. ….Respondents ORDER: Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Finance appearing for the 2nd respondent and the learned Standing Counsel for the respondent Nos.

5 and 6.

2.

This writ petition is filed for non-payment of bill amount of Rs.

31,84,611/- to the petitioner for the work executed in the matter of construction of CC roads from (a) 2 D.No.

23-247/2 to D.

No.

23-281/2, (b) D.No.

23-286/2 to D.No.

23-199 to D.No.

23-191/2 and (d) D.No.

23-303/2B to D.No.

23-302/A, Left Side Crossroads, M.R Apparao Colony in Ward No.1, Nuzvid.

3.

The learned counsel for the petitioner submits that the above said works were executed and the same were entered into measurement book vide M.B No.

16/2020-21 and thereafter, the above said bill amount was raised.

But so far, it is not paid by the respondent Nos.

2 to 6.

4.

On the other hand, the learned Standing Counsel appearing for the respondent Nos.

5 and 6 upon the written instructions dated 07.08.2023 submits that the petitioner completed the work as per the agreement and the bill was prepared for gross amount of Rs.

35,19,745/- after making statutory recoveries of Rs.

3,35,134/- and net payable amount is Rs.

31,84,611/-.

Due to lack of funds in 14th FCG Basic Grant 1st instalment for the year 2019-20, the said amount could not be cleared to the petitioner.

5. tioner.

5.

On the other hand, the learned Assistant Government Pleader for Finance appearing for the respondent No.

2 submits that the bill proposals were sent to the department and as such it would be cleared in due course.

3 6.

In view of the above facts and circumstances, the respondent Nos.

2, 5 and 6 are directed to pay the net payable amount of Rs.

31,84,611/- to the petitioner as expeditiously as possible preferably within a period of eight (8) weeks from the date of receipt of this order by complying with all the formalities.

7.

Accordingly, the Writ Petition is disposed off.

No costs.

As a sequel, Miscellaneous Petitions pending, if any, shall stand closed. _______________________________ JUSTICE B KRISHNA MOHAN 18.08.2023 UPS