Botlaguntla Nageswara Rao vs The State Of Andhra Pradesh,
2024 Latest Caselaw 1130 AP

Citation : 2024 Latest Caselaw 1130 AP
Judgement Date : 12 February, 2024

Andhra Pradesh High Court - Amravati

Botlaguntla Nageswara Rao vs The State Of Andhra Pradesh, on 12 February, 2024

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  IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
               (Special Original Jurisdiction)

           MONDAY ,THE TWELFTH DAY OF FEBRUARY
             TWO THOUSAND AND TWENTY FOUR

                              PRESENT

      THE HONOURABLE SRI JUSTICE VENKATESWARLU
                    NIMMAGADDA

                 WRIT PETITION NO: 2954 OF 2022
Between:

  1. BOTLAGUNTLA NAGESWARA RAO, S/o. Venkateswarlu, aged
     about 63 years, R/o. 3-122, Vellatur Village, Bollapalli Mandal,
     Guntur District, A.P.
                                                      ...PETITIONER(S)
                                   AND

  1. The State of Andhra Pradesh, Rep. by its Principal Secretary,
     Panchayat Raj and rural Development, Secretariat, Velagapudi,
     Guntur District.
  2. The State of Andhra Pradesh, Rep. by its Principal Secretary,
     Water Resources Department, Secretariat, Velagapudi, Guntur
     District.
  3. The State of Andhra Pradesh, Rep. by its Principal Secretary,
     Finance Department, Secretariat, Velagapudi, Guntur District.
  4. The District Collector, , Guntur District, Guntur.
  5. The Superintending Engineer Irrigation Circle, Guntur, Guntur
     District.
  6. The Technical Officer, NSJC OANDM and SIFT Division,
     Vinukonda, Guntur District.
  7. The Deputy Executive Engineer, NSJC OANDM and SIFT Sub
     Division, Vinukonda, Guntur District.
  8. The Executive Engineer, NSJC OANDM and SIFT Division,
     Vinukonda, Guntur District.
  9. The Assistant Engineer, , Vellatur, Bollapalli Mandal, Guntur
     District.
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     10.     The Divisional Accounts Officer, , OANDM and SIFT
       Division, Vinukonda, Guntur District.
                                                        ...RESPONDENTS

The Court made the following:

1. The petitioner seeks writ of mandamus to declare the action of the

respondents in withholding and not releasing an amount of

Rs.22,17,969/- even after execution of work, as illegal, arbitrary and

violative of principles of natural justice and for a consequential direction.

2. The petitioner's case is that, the petitioner has undertaken certain

repair works in Guntur District and successfully completed those

works. The net amount payable to the petitioner was concluded at

Rs.22,17,969/- On completion of the agreed works, the respondent

authorities did not pay the amount till date. Though the works were

completed long back and the default liability period of two years was

also completed, still, the respondent authorities have not returned the

amount. Hence, the writ petition is preferred seeking a direction to the

respondents to pay the amount with interest.

3. Heard. No counter is filed by the respondents.

4. As can be seen, the petitioner's case is a pitiable one. The

petitioner has successfully completed the agreed works to the

satisfaction of the authorities. However, the bill amount was withheld

and not returned, most importantly, without any reason.

5. Though this Court passed an interim order on 07.02.2022,

directing the respondents to pay the finalized and approved bill amount

as per the M-Book and Quality Control Certificate to the petitioner,

within a period of six (06), the same was not paid. It is imperative for

public authorities to recognize their responsibility and promptly fulfil

contractual obligations by paying the agreed-upon amounts to

contractors. Failing to do so not only jeopardizes future contractor

engagement but also undermines the quality of work delivered. In the

present case, the withholding of the bill amount lacks justification.

Therefore, it is only fair for the petitioner to receive the payment owed to

them, along with interest.

6. Hence, writ petition is disposed of, directing the respondent

authorities to pay bill amount Rs.22,17,969/- to the petitioner along

with the interest @ 6% per annum, in view of the judgment of the Hon'ble

Division Bench of this Court in Writ Appeal No.724 of 2021 and batch

dated 12.10.2023, within a period of six (06) weeks from the date of

receipt of a copy of this order.

7. It would also be open to the petitioner to agitate his claim

differential amount/higher rate of interest, if any payable by the

respondents, in an appropriate forum. There shall be no order as to costs.

8. Consequently, miscellaneous applications pending, if any, shall