B Chandra Sekar Reddy vs. The State Of Andhra Pradesh

Heard learned counsel for the Writ Petitioner, learned Assistant Government Pleader for Panchayat Raj and Rural Development representing respondent Nos.1, 3 to 6, learned Assistant Government Pleader for Finance, representing respondent Nos.2 and 8 and learned Standing Counsel for Gram Panchayat, representing respondent No.7. 3. The Writ Petitioner claims to be a Civil Contractor in construction business and undertook multiple construction works, including works entrusted by the Government of Andhra Pradesh. The Writ Petitioner entered into an Agreement with 5th respondent vide Agreement dated 06.11.2023 for augmentation of PWS Scheme at Narayanapuram Tanda of Narayanapuram Tanda Gram Panchayat, Ramakuppam Mandal, Chittoor District. The estimated cost was Rs.5.00 lakhs. The Writ Petitioner executed the entire work as per the Agreement, and 6th respondent inspected the quality of the works till the completion of contract work and Quality Control Certificate has also been issued by the respondent authorities on 08.12.2023. The respondent No.5 passed final bills for the work done by the Writ Petitioner, but till date the amount has not been released and delayed without any reason. Though the Writ Petitioner approached the respondent authorities on multiple occasions, requesting for payment of bills for an amount of Rs.4,96,942/-, they are not paying the same. According to Writ Petitioner, having executed the work satisfactorily, within the prescribed time, non-payment of the bill amount was arbitrary and unjustified. It was further contended that the delay in payment is causing severe financial hardship, necessitating the filing of the present Writ Petition seeking appropriate directions for release of the outstanding amount.

Learned Assistant Government Pleader for Panchayat Raj and Rural Development, on written instructions received from the Executive Engineer, RWS&S Division, Chittoor-4th respondent, submits that the Writ Petitioner is entitled to an amount of Rs.4,54,419/- as against the claim amount of Rs.4,96,942/- after statutory deductions such as Seigniorage charges, SGST and CGST etc., aggregating to Rs.42,661/-. She further submits that the Bill was received on 02.03.2024 by the office of 4th respondent, but as there is no budget allocation, the bill was not uploaded in the NIDHI Portal under GGMP Grant. However, with regard to payment due to the Writ Petitioner under the bill for the works done by him, was informed to the Government through the District Collector, Chittoor, and the bill amount for an amount of Rs.4,54,419/- as entitled by the Writ Petitioner would be paid, at the earliest. The written instructions are placed on record.

There is no dispute with regard to the works executed by the Writ Petitioner. But with regard to the claim, the Writ Petitioner claims a sum of Rs.4,96,942/-, whereas, according to learned Assistant Government Pleader, as per the written instructions of 4th respondent, the Writ Petitioner is entitled to a sum of Rs.4,54,419/- after statutory deductions to a sum of Rs.42,661/-. In view of the submission made by the learned Assistant Government Pleader for Panchayat Raj and Rural Development, the respondent authorities are directed to pay the admitted amount of Rs.4,54,419/- (Rupees Four Lakhs Fifty Four Thousand Four Hundred and Nineteen only) to the Writ Petitioner within a period of Six (6) weeks from the date of receipt of a copy of this order.

Accordingly, the Writ Petition is disposed of. There shall be no order as to costs of the Writ Petition. As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition, shall stand closed.