Andhra Pradesh High Court - Amravati
Nekkadapu Srinivasa Rao vs The State Of Andhra Pradesh on 12 February, 2024
1
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: 10608 OF 2022
Between:
1. Nekkadapu Srinivasa Rao, S/o. Gopalarao age 56 Years, R/o. 2-76
LakshmiPuram, Thiruvuru Mandal, Krishna District.
...PETITIONER(S)
AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance
Department, A.P. Secretariat Building, Velagapudi, Amaravathi.
2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Irrigation
Department, A.P. Secretariat Building, Velagapudi, Amaravathi.
3. The District Collector, Machilipatnam, Krishna District.
4. The Chief Engineer, Minor Irrigation Department, Vijayawada, Krishna
District.
5. The Superintending Engineer Irrigation Circle, Miner Irrigation Works,
Vijayawada, Krishna District.
6. The Executive Engineer W R Dept, Miner Irrigation Works Division,
Special Division, Vijayawada, Krishna 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.25,62,710/-
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 Krishna District and successfully completed those works. The
net amount payable to the petitioner was concluded at Rs.25,62,710/- 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 19.04.2022, 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.25,62,710/- 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 stand
closed.
_________________________________________
JUSTICE VENKATESWARLU NIMMAGADDA
Date: 12.02.2024
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THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No.10608 of 2022
12.02.2024
Klk
