ORDER : This Writ Petition is filed challenging the action of respondents in withholding the payments of pending amount of Rs.52,68,159/- even after finalizing the bill payable to the petitioner in relation to the work i.e. Construction of Auditorium 1000 seating capacity (G+2 Floors with plinth area of 1660 sqm) at COH, Venkataramanagudem, West Godavari District vide Agreement No.59/2018-19, dated 20.07.2018). 2. The contents of the affidavit filed in support of the Writ Petition, in brief, are that, the petitioner is a Civil Contractor, used to execute works pertaining to laying of roads and sewage works etc., of R&B Department, Panchayat Raj Department and other Government Departments; that the respondent No.2 issued Tender Notification on nomination basis in the year 2018 and the petitioner, being the lowest bidder, was allotted the work on 20.07.2018 for an estimated amount of Rs.1050.00 lakhs. The petitioner entered into an Agreement No.59/2018-19 with respondents. Since the estimated amount for the said work was Rs.1050.00 lakhs, after completion of part work, respondents recorded the same in M- Books, part bills were raised and paid the amount to the petitioner. The present Writ Petition was filed for 4 th and part bill of the aforesaid work. (b) After completion of park work, as per the terms of the Agreement, the respondent officials recorded the same in M-Book on 30.12.2023 and after finalizing the formalities viz. QC, Vigilance, the bills were forwarded to the Finance Department, 4 th and part bill were sent to respondent No.5 for grant of amount to the petitioner, but the respondents have not chosen to pay the amount for the work done by the petitioner. (c) The petitioner approached the respondents for payment of amounts on several occasions, but no action was taken; that the petitioner invested amounts by borrowing from various sources, on interest and executed entire works to the satisfaction of the respondents and the respondents, having been satisfied with the execution of work, prepared bills, but had not released the amounts till date. The interest on the amounts, that were borrowed, was piling up day-by-day and if, the amounts are not paid at the earliest, the petitioner would be put to irreparable loss and hardship. The action of respondents in withholding the amounts payable to the petitioner, even after completion of works, is nothing but illegal, arbitrary and unconstitutional. Hence, the Writ Petition. - 3. Respondent No.2/Dr. The action of respondents in withholding the amounts payable to the petitioner, even after completion of works, is nothing but illegal, arbitrary and unconstitutional. Hence, the Writ Petition. - 3. Respondent No.2/Dr. Y.S.R. Horticulture University filed counter-affidavit, contending that the bills, pertaining to Construction of Auditorium 1000 seating capacity (G+2 floors with plinth area of 1660 sqm) at College of Horticulture, Venkataramannagudem, West Godavari District, were uploaded in CFMS Portal in the month of September, 2023 during the Financial Year 2023-24, but no payment was made for the above bills and they were returned to DDO as per Articles 39 and 50 of the Andhra Pradesh Financial Code in the month of April, 2024; that for re- uploading the bills in CFMS portal, during the Financial Year 2024- 25, it was shown as insufficient budget for given DDO Head of Account combination; that the bills would be re-uploaded only when the Budget Release Order (BRO) and Administrative Sanction (AS) is released from the Government, but no Budget Release Order (BRO) was released for the Financial Year 2024-25. (b) The budget estimates for the Financial Year 2025-26 were released on 15.07.2025 and administrative sanction was issued on 22.07.2025, in which total amount of Rs.173.87 lakhs was provided under NABARD RIDF Head of Account. The bills would be re-uploaded in the CFMS Portal as and when the said amount is received to the Executive Engineer Account, Dr.Y.S.R.Horticulture University. Therefore, it is prayed to dismiss the Writ Petition. - 4. Heard the learned counsel for the petitioner and learned Government Pleader for Higher Education representing respondent No.1 and learned Government Pleader for Finance representing respondent No.5. 5. A perusal of material on record goes to show that prior to filing of the present Writ Petition, the petitioner filed Writ Petition No.29248 of 2024 before this Court seeking the same relief as sought in the present Writ Petition. On 19.12.2024, a learned Single Judge disposed of, the Writ Petition No.29248 of 2024. The relevant paragraph No.4 of the said Order, dated 19.12.2024 in Writ Petition No.29248 of 2024 reads thus: “4. On 19.12.2024, a learned Single Judge disposed of, the Writ Petition No.29248 of 2024. The relevant paragraph No.4 of the said Order, dated 19.12.2024 in Writ Petition No.29248 of 2024 reads thus: “4. As there is no dispute with regard to the execution of work and amount due to the petitioner, the Writ Petition is disposed of directing the respondents to release the admitted amount of Rs.1,17,56,087/- (One Crore Seventeen Lakhs, Fifty Six Thousand Eighty Seven only) to the petitioner within a period of four months from the date of receipt of a copy of this order, failing which, the writ petitioner is entitled to claim interest @ 6% per annum from the date of order till the date of realization. There shall be no order as to costs.” - 6. Subsequently, the petitioner filed I.A.No.2 of 2025 seeking for amendment of prayer in the said Writ Petition. However, when I.A.No.2 of 2025 was taken up for hearing by a learned Single Judge on 20.06.2025, learned counsel for the petitioner sought permission for withdrawal of the Writ Petition No.29248 of 2024 with a liberty to file fresh Writ Petition on the same cause of action. Accordingly, on 20.06.2025, a learned Single Judge dismissed the Writ Petition No.29248 of 2024 as withdrawn, granting liberty to file fresh Writ Petition on the same cause of action. 7. A perusal of material on record further goes to show that 2 nd respondent having desired to construct Auditorium 1000 seating capacity (G+2 Floors with plinth area of 1660 sqm) at COH, Venkataramanagudem, West Godavari District, called for tenders. The petitioner, being the lowest bidder, was allotted the said work and to that effect, an Agreement was executed between the petitioner and 2 nd respondent on 20.07.2018. As per the Agreement, between the petitioner and 2 nd respondent that since the estimated amount for the aforesaid work was Rs.1050.00 lakhs, after completion of part work, respondents recorded the same in M- Books, Part Bills were raised and paid the amount to the petitioner for the part of the work done by him. Admittedly, the petitioner executed the part work within the stipulated time and submitted 4 th and Part Bill, but he petitioner was not paid for the said work. As such, the respondents are responsible for the said delay in making payments to the petitioner, for which, he is legally entitled. - 8. Admittedly, the petitioner executed the part work within the stipulated time and submitted 4 th and Part Bill, but he petitioner was not paid for the said work. As such, the respondents are responsible for the said delay in making payments to the petitioner, for which, he is legally entitled. - 8. A perusal of material on record further goes to show that vide U.O.Note No.168/T(S)/EO/Engg./2024-25, dated 17.12.2024, the Estate Officer of 2 nd respondent submitted that an amount of Rs.52,68,158/- work bill was pending for payment to the petitioner and the said bill was 4 th and Part Bill. It was further mentioned in the said note that the bills, pertaining to Construction of Auditorium of 1000 seating capacity (G+2 floors with a plinth area of 1660 sqm) at COH, Venkataramannagudem, West Godavari District, were uploaded in CFMS Portal in the month of September, 2023 during the Financial Year 2023-24, but no payment was made for the above bills and they were returned to DDO as per Articles 39 and 50 of the Andhra Pradesh Financial Code in the month of April, 2024 and for re-uploading the bills in CFMS portal, during the Financial Year 2024-25, it was shown as insufficient budget for given DDO Head of Account combination. It was further mentioned that the bill would be re-uploaded only when the Budget Release Order and Administrative Sanction was released from the Government. 9. However, a perusal of G.O.Rt.No.617, dated 22.07.2025 issued by the Government of Andhra Pradesh goes to show that the Registrar, Dr. YSR Horticulture University, Venkataramannagudem, West Godavari District was issued Administrative Sanction for an amount of Rs.1,72,87,000/- as additional funds for the purpose of payment of pending bills to avoid further legal complications in Writ Petition No.29248 of 2024 i.e. the present Writ Petition No.15542 of 2025. Learned counsel for the respondent Nos.2 to 4 in its counter-affidavit acceded that a total sum of Rs.173.87 lakhs was provided under NABARD RIDF Head of Account and the bills would be re-uploaded in the CFMS Portal as and when the said amount is received to the Executive Engineer Account, Dr. Y.S.R. Horticultural University. 10. Learned counsel for the respondent Nos.2 to 4 in its counter-affidavit acceded that a total sum of Rs.173.87 lakhs was provided under NABARD RIDF Head of Account and the bills would be re-uploaded in the CFMS Portal as and when the said amount is received to the Executive Engineer Account, Dr. Y.S.R. Horticultural University. 10. In view of the same, having regard to the facts and circumstances of the case, the respondents are directed to release the pending amount of Rs.52,68,158/- (Fifty Two Lakhs, Sixty Eight Thousand, One Hundred and Fifty Eight only) to the petitioner within a period of six (06) weeks from the date of receipt of a copy of this order, failing which, the Writ Petitioner is entitled to claim interest @ 6% per annum from the date of order till the date of realization. 11. With the above direction, Writ Petition is disposed of. There shall be no order as to costs. Consequently, miscellaneous applications pending if any, shall also stand closed.