(Prayer: Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order, or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in withholding an amount of Rs.2,19,593/- even after finalizing the bills payable and issuance of completion certificates by the 6th respondent in relation to the Repairs to S.W. Boys and Girls Hostel at Badangi Village and Mandal, in Vizianagaram District as illegal and arbitrary and violative of Article 14, 21, 300A of Indian Constitution besides being violative of principles of Natural Justice, consequently direct the respondents to pay the same along with the interest @12percentPer annum from 01.11.2018 and to pass

IA NO: 1 OF 2022

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to pay an amount of Rs.2,19,593/- pending disposal of the above writ petition and to pass)

1. This Writ Petition was filed seeking the following relief:

                  “…to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in withholding an amount of Rs.2,19,593/- even after finalizing the bills payable and issuance of completion certificates by 6th respondent in relation to the repairs to S.W.Boys and Girls Hostel at Badangi Village and Mandal of Vizianagaram District, as illegal, arbitrary and violative of Articles 14, 21 and 300A of the Constitution of India besides being violative of principles of natural justice and consequently, direct the respondents to pay the same along with interest at the rate of 12% per annum from 01.11.2018 and to pass such other order or orders …”

2. Contents of the affidavit filed by the petitioner, in brief, are that the petitioner was the successful bidder in the tender called for, by 6th respondent and entered into an Agreement with 5th respondent vide Agreement No.05/EE/2018-19, dated 16.08.2018 for repairs to S.W.Boys Hostel at Badangi Village and Mandal of Vizianagaram District (for brevity ‘Hostel’); that the petitioner commenced the repair works to the said Hostel and completed the same by 01.11.2018, which is even prior to the time permitted in accordance to the agreement.

                  (b) Respondent No.5 recorded every stage of the work in M-Book vide M.Book No.1566-A and issued Contract Certificate on 02.11.2018; that the respondent No.5 issued memo of payment and passed the same for Rs.2,41,039/- out of which, an amount of Rs.21,446/- was adjusted towards recoveries and sanction for payment of Rs.2,19,593/- with respect to repairs to the said Hostel. The petitioner completed the work securing finance from several sources and after completion of work, and certificate of work by 5th respondent, the petitioner approached the authorities to pay the amount approved by 5th respondent, but they paid a deaf ear. According to the Administrative Sanction Procgs. Rc.No.151/ 2018/B1, dated 23.05.2018, the estimated cost for repairs to the said Hostel is Rs.2.50 lakhs; that the State is under an obligation to pay interest and compensation for the intentional delay in payment of due amount which comes to Rs.7,47,807/-. Hence, the Writ Petition.

3. Respondent No.6 filed counter-affidavit conceding the fact of entering into agreement with the petitioner in regard to entrustment of repair works to the Social Welfare Boys and Girls Hostel at Badangi vide Progs. Rc.No.151/2018/B1, dated 23.05.2018 with an estimated cost of Rs.2.50 lakhs. It was further conceded that the petitioner executed the said repair work to the said Hostel and the same was recorded in the M-Book No.1556-A and the bill was uploaded in CFMS Portal. The Additional Project Coordinator, APSS, Vizianagaram vide Lr.Rc.No.420-20/DSC/ DC/2016, dated 05.01.2019, requested the Director of Social Welfare, Andhra Pradesh at Amaravati to release the said amount payable to the petitioner, being the Contractor and finally it was reminded on 28.11.2022 and the orders are awaited. Therefore, it is prayed to grant three months’ time for making payment to the petitioner.

4. Heard the learned counsel for the Writ Petitioner and learned counsel for respondent No.6. Perused the entire material available on record.

5. A perusal of the entire material on record goes to show that petitioner is a Contractor, entered into an agreement vide Agreement No.05/EE/2018-19, dated 16.08.2018 for getting repairs to S.W.Boys Hostel at Badangi Village and Mandal of Vizianagaram District and accordingly, completed the same by 01.11.2018. The contents of the affidavit coupled with the contents of the counter-affidavit filed by respondent No.6 make it clear that the said repair works were completed and the same were recorded in M.Book No.1566-A and 5th respondent also issued Contract Certificate to the petitioner on 02.11.2018.

6. Learned counsel for the petitioner would contend that though work is completed as per the agreement, and 5th respondent issued Memo of payment after adjusting an amount of Rs.21,446/- towards recoveries out of total sum of Rs.2,41,039/-, but when petitioner requested the authority to issue sanction for payment of Rs.2,19,593/-, the respondent authorities paid a deaf ear. Learned counsel would further contend that the State is under obligation to pay interest and compensation for the intentional delay in payment of due amount.

7. Indisputably, though the respondent No.6 filed counter- affidavit, nowhere the contention of petitioner in regard to entering into agreement, completion of work as per the agreement and non- payment of amount to the petitioner, is denied by respondent No.6. But, it is the contention of learned counsel for respondent No.6 that vide Lr.Rc.No.420-20/DSC/ DC/2016, dated 05.01.2019, the Additional Project Coordinator, APSS, Vizianagaram requested the Director of Social Welfare, Andhra Pradesh at Amaravati to release the amount payable to the petitioner, which was finally reminded on 28.11.2022 and the same is awaited.

8. A perusal of the material on record goes to show that vide Lr.Rc.No.Spl.11/E1/CWs(SWD)/2018, dat.05.01.2019, the Executive Engineer of Sarwa Shiksha Abhiyan, Vizianagaram addressed letter to the Deputy Director, Social Welfare, Vizianagaram requesting the concerned to take necessary action to release the amount due to the petitioner and other Contractors for the repair works done by them. A perusal of material on record further goes to show that at regular intervals, the Executive Engineer, Samagra Shiksha, Vizianagaram addressed letters to the Deputy Director, Social Welfare, Vizianagaram vide Lr.Rc.No.Spl.11/E1/CWs(SWD)/2018, dated 15.05.2020, Lr.Rc.No.Spl.11/E2/CWs(SWD)/2020, dated 17.09.2020, Lr.Rc.No.Spl.11/E1/CWs(SWD)/2018, dated 18.12.2020 and Lr.Rc.No.420-20/DSC/DC/2016, dated 30.07.2022 recommending the concerned to release the amounts for the work done by the petitioner and other Contractors. Vide Lr.Rc.No.420-20/DSC/DC/ 2016, dated 28.11.2022, the Additional Project Coordinator, Samagra Shiksha, Vizianagaram also addressed a letter to the Director of Social Welfare requesting the authority to release the amount to major and minor repair works done to four Social Welfare Hostels at Vizianagaram by the petitioner and other Contractors.

9. When the matter is taken up for hearing, learned Standing Counsel for Samagra Shiksha filed copy of letter vide Lr.Rc.No.420-20/DSC/DC/2016, dated 29.11.2025 addressed by the Executive Engineer, AP Samagra Shiksha, Vizianagaram District. According to the Executive Engineer, the mapping issue remains unresolved and no funds have been released for vendor payments till date. However, it is concluded in the said letter that the payments totaling Rs.13,72,038/-, which include the amount in question in the present Writ Petition and other pending bills pertaining to the works done by other Contractors, will be processed and uploaded in the CFMS Portal immediately upon rectification of the HoA mapping error and release of funds by the Social Welfare Department.

10. The respondent No.6 filed copy of Agreement vide Agreement No.05/EE/2018-19, dated 16.08.2018 entered by the petitioner with 6th respondent. A perusal of the said agreement goes to show that there is no clause that, in case the respondent authorities fail to pay the amount after completion of repair works and in any case delay occurs in payment of the said sum, the petitioner is entitled to receive the said amount along with interest and compensation. In that view of the matter, the petitioner is only entitled for the admitted amount i.e. Rs.2,19,593/- and she is not entitled to claim interest and compensation as contended.

11. Accordingly, Writ Petition is allowed, directing the respondents to pay an amount of Rs.2,19,593/- (Rupees Two Lakhs Nineteen Thousand Five Hundred and Ninety Three only) to the Writ Petitioner in relation to the repair works done to the S.W.Boys Hostel at Badangi Village and Mandal of Vizianagaram District, within a period of eight (08) weeks from the date of receipt of copy of this order.

                  There shall be no order as to costs.

                  Consequently, miscellaneous applications pending if any, shall also stand closed.