`IN THE HIGH COURT OF ANDHRA PRADESH :: AT AMARAVATHI
W.P.NO.1613/2021
BETWEEN:
M/s. Dwarakamai Constructions Pvt. Ltd.,
Having its Admin Office at
Flat No.502, Dwarakamai Towers,
Vijay Nagar Colony, Ram Nagar Main Road,
Ananthapuramu, Andhra Pradesh-515004.
Rep. By its Director
Desai Madam Mohan Reddy.
AND Petitioner
The State of Andhra Pradesh
Rep. By its Special Chief Secretary,
Water Resources Department,
A.P. Secretariat Building,
Velagapudi, Amaravati,
Vijayawada, Andhra Pradesh and 10 Others. Respondents
COUNTER AFFIDAVIT FILED BY THE 5TH RESPONDENT
I, K.Harinath, S/o. K.Narasappa, aged about 60 Years, Executive Engineer, I.B.
Division, Water Resources Department, Dharmavaram, Ananthapuram District and 5 th
respondent in the W.P.1613/2021 do hereby solemnly and sincerely state on oath as
follows.
1. I am the 5th respondent herein and as such I am well acquinted with the facts
and circumstances of the case. I am authorized to file this Affidavit on behalf of
the respondents 1 to 4 and 6 th also, as all are have common case on Law and on
facts to us.
2. In reply to the avertment made in Para.No. 2 of the Affidavit, it is submitted that
the work of “ Formation of Sub-Surface Dam across Pedda Hagari River
near Junjurampalli (V), Rayadurg (M) in Ananthapuram District” L.S.I &
Part Bill was checkmeasured on 15.02.2019 and Passorder was made on
15.03.2019 and bill was processed for Gross Amount of Rs. 78,61,405/- and
Net Amount of Rs.74,65,578/- bearing Token No.2712509 of 2018 and
289013 of 2019 under Head of Account 4702 Capital Outlay on Minor Irrigation
– 00 Not Applicable – 101 Surface Water – 11 State Development Schemes – 24
Neeru-Chettu – 530 Major Works – 531 Other Exependiture. The Pay and
Accounts Officer, Works Accounts, Ananthapuramu vide Lr.No.PAO/ATP/Sn-
Attester Deponent
III/A.2/2019-2020/No.30, dt.11.02.2020 stating that the bills pertains to Neeru-
Chettu works were rejected / Payment cancelled in CFMS Website and Hence, the
Bills were returned including this bill pertains to Neeru-Chettu. It is further
submitted that, L.S. II & Final Bill for which measurements were recorded and
Checkmeasured on 22.05.2019 and the Bill Gross Amount of Rs. 2,51,91,901/-
including L.S.I. & Part Bill Gross Amount. This Bill is in Division Office for want of
opening the relevant Head of Account in CFMS Web Site. It is humbly submitted
that the contention of the Petitioner may not be correct that the purposeful delay
was made in processing the Bills, but the payment was not made only due to
relevant head is inoperative.
3. Tenders for the work of “ Formation of Sub-Surface Dam across Pedda
Hagari River near Junjurampalli (V), Rayadurg (M) in Ananthapuram
District” called for by the Superintending Engineer, Irrigation Circle,
Ananthapuram vide Tender Notice No.20/2018-19, dt.07/04/2018 and the work
was awarded to M/s. Dwarakamai Constructions Private Limited, Ramnagar,
Ananthapuram vide Superintending Engineeer, Irrigation Circle, Ananthapuram
Agt.No.147 SEA/2018-19, dt.24.09.2018 for Rs.3,76,87,038.67. Agreement
period of this work is Twelve (12) Months. The Petitioner has started the work
within the Agreement Period. As per the records, it reveals that the above
information furnished by the Petitioner is found correct.
4. It is submitted that, the Administrative Approval accorded by the District
Collector & District Magistrate, Ananthapuramu vide Procdgs.No.Endt.SE/IC/
ATP/DEE/TS/F.W.21/37 M, dt.10.01.2018 for Rs.550.00 Lakhs under Neeru-
Chettu Programme. Technical Sanction was accorded by the Chief Engineer
(Projects), Ananthapuram vide CERNo.55 CE/2017-18, dt.20.03.2018 for
Rs.505.00 Lakhs and subsequent procedure was followed and entered into the
Agreement with the Agency by the Superintending Engineer, Irrigation Circle,
Ananthapuram for Rs.3,76,87,038.67. As per Agreement Clause No.13.1 a)
under Heading Time for Completion of Tender Notice and Information to
Bidders “ The total period of completion is Twelve (12) Months from the
date of entering with agreement to proceed including rainy season” and
As per Agreement Clause No.8.0 under Tender Notice and Information to
Bidders the Tenderer has to inspecte the site before Tendering to the
work. Even though unsupported site conditions the Agency has to complete the
Attester Deponent
work within the Agreement Period. The Petitioners has started and completed
the work within the Agreement Period is correct.
5. L.S.I & Part Bill was checkmeasured on 15.02.2019 and Passorder was made on
15.03.2019 and bill was processed for Gross Amount of Rs. 78,61,405/- and
Net Amount of Rs.74,65,578/- bearing Token No.2712509 of 2018 and
289013 of 2019 under Head of Account 4702 Capital Outlay on Minor Irrigation
– 00 Not Applicable – 101 Surface Water – 11 State Development Schemes – 24
Neeru-Chettu – 530 Major Works – 531 Other Expenditure. The Pay and Accounts
Officer, Works Accounts, Ananthapuramu vide Lr.No.PAO/ATP/Sn-III/A.2/2019-
2020/No.30, dt.11.02.2020 stating that the bills pertains to Neeru-Chettu works
were rejected / Payment cancelled in CFMS Website and Hence, the Bills were
returned including this bill pertains to Neeru-Chettu. Inspite of non payment of
L.S.I & Part Bill, the Agency has completed the work. But, it is pertinent to note
that, it is mandatory for the Agency to complete the work even though the
Intermediate Payments were not made.
6. L.S. II & Final Bill for which measurements were recorded and Checkmeasured on
22.05.2019 and the Bill Gross Amount of Rs. 2,51,91,901/- including L.S.I. &
Part Bill Gross Amount. This Bill is also cannot be processed for want of opening
the relevant Head of Account in CFMS Web Site. The Quality Control Authorities
who authenticated for Quality and Quantity for the work frequently inspected the
Worksite which reveals from the Records. Present construction staff of this
Division viz., (1) Asst. Exe. Engineer, (2) Deputy Executive Engineer and (3)
Executive Engineer were not incumbents during the execution of this Work. The
Additional Superintendent of Police, Vigilance and Enforcement, Ananthapuram
called for the list of various Ongoing Works as well as recently completed works
during 2017-18 & 2018-19 under all Grants with estimate cost of Rs.50.00 Lakhs
and above in Ananthapuram vide Lr.No.Rc.No.39/B/V&E/ATP/Eng/2019,
dt.16.04.2019. Hence, the Executive Engineer, I.B. Division, W.R.D.,
Dharmavaram submitted the List of works as called for vide Divl.Lr.No.205 M,
dt.18.04.2019 to the Additional Superintendent of Police, Vigilance and
Enforcement, Ananthapuram. This work details were also covered in the List
which was enclosed to the letter. As per the statement given by the then Deputy
Executive Engineer, Construction stated that the Vigilance and Enforcement
Officials were inspected the work on 06.08.2019, it was further stated by the
Attester Deponent
then Deputy Executive Engineer that the Asst. Exe. Engineer, Construction was
also attended for inspection of Vigilance and Enforcement Team and no records
pertaining to this work were taken over by Vigilance and Enforcement Team. It is
further submitted that till to date there is no any official communication was
made by the Vigilance and Enforcement Department either to the Sub-Division
Office or to the Division Office after inspection of site. It is submitted that the
reasons for non clearance of Bills is already mentioned in above Para.2.
7. As per U.O.Note No.FING1-FMU0ASD(WR1)/80/2019 (Comp.NO.898809),
dt.29.05.2019 issued by Govt. of A.P., Finance (FMU-WR.1) Department
mentioned that the “works grounded but expenditure is less than 25% of
Originally estimated value shall be reviewed afresh. No payments will be done in
this regard before obtaining orders afresh from appropriate authorities”.
Subsequently no orders were received regarding payment of pending work bills
pertains to Neeru-Chettu Works. The Pay and Accounts Officer, Works Accounts,
Ananthapuram vide Lr.No.PAO/ATP/Sn-III/A.2/2019-2020/No.30, dt.11.02.2020
stating that the bills pertains to Neeru-Chettu works were rejected / Payment
cancelled in CFMS Website and Hence, the Bills were returned including this bill
pertains to Neeru-Chettu. As per Agreement Clause No.1 (C) Bid Capacity
under Clause 1.3 Heading Qualification Criteria of Tender Notice and
Information to Bidders “The tenderers who meet the requirement
qualification criteria will be qualified only, if their available Bid Capacity
is more than the Estimated Contract Value”. Based on this only the work
was awarded to the Agency. The Agency has stated that, he has borrowed the
amounts from private persons and also from financial institutions since the
Department has not cleared the bills may not be a considerable point in the light
of Agreement Clause mentioned above.
8. It is submitted that, as per U.O.Note No.FING1-FMU0ASD(WR1)/80/2019
(Comp.NO.898809), dt.29.05.2019 issued by Govt. of A.P., Finance (FMU-WR.1)
Department mentioned that the “works grounded but expenditure is less than
25% of Originally estimated value shall be reviewed afresh. No payments will be
done in this regard before obtaining orders afresh from appropriate authorities”.
Subsequently no orders were received regarding payment of pending work bills
pertains to Neeru-Chettu Works. The Pay and Accounts Officer, Works Accounts,
Ananthapuram vide Lr.No.PAO/ATP/Sn-III/A.2/2019-2020/No.30, dt.11.02.2020
Attester Deponent
stating that the bills pertains to Neeru-Chettu works were rejected / Payment
cancelled in CFMS Website and Hence, the Bills were returned including this bill
pertains to Neeru-Chettu. It is mandatory to the department to implement the
instructions of the Government regarding payment of work bills.
9. It is submitted that, It is Mandatory for the Executive Engineer to implement the
instructions issued by the Government from time to time regarding payment of
Bills. At present for processing the Bills is not possible due to relevant head of
account is inoperative under Neeru-Chettu Programme.
10. It is submitted that, the Executive Engineer cannot process the work bills which
were completed under the Neeru-Chettu Programme unless the relevant Head of
Account comes into operation.
11. It is submitted that the L.S.I & Part Bill for Rs.78,61,405/- submitted to the Pay
and Accounts Officer, Works Accounts, Ananthapuram duly obtaining the Quality
Control Certificate from Quality Control Division, Ananthapuram for arranging
payment to the Agency. Subsequently, as per U.O. Note No.FING1-
FMU0ASD(WR1)/80/2019 (Comp.No.898809), dt.29.05.2019 issued by Govt. of
A.P., Finance (FMU-WR.1) Department mentioned that the “works grounded but
expenditure is less than 25% of Originally estimated value shall be reviewed
afresh. No payments will be done in this regard before obtaining orders afresh
from appropriate authorities”. As on the date of issue of the above orders
expenditure i.e., Payment made on this work is NIL. The details of the bills
pending with the Pay and Accounts Officer, Works Accounts, Ananthapuram were
submitted to the Superintending Engineer, Irrigation Circle, Ananthapuram on
27.08.2019. L.S. I & Part Bill will be resubmitted whenever relevant Head of
Account comes into operation. L.S.II & Final Bill will be further processed for
payment whenever relevant Head of Account comes into operation.
12. It is submitted that the Payment will be made to the Agency for the Workdone
value of Rs.2,51,91,901/- will be processed as per the instructions of the
Government and if the relevant Head of Account will be Operative.
13. The matter related to payment of workdone value with Compound Interest for
delayed payments not in the purview of the Executive Engineer since the relevant
Head of Account under Neeru-Chettu Programme which become inoperative.
Attester Deponent
14. It is submitted that, the subject matter in this Paragraph is in the purview of the
Government and action will be taken for Payment of Work Bills as per the
instructions of the Government Only.
15. It is submitted that, in case of identical facts which are similar to this Case to
grant the relief to the Petitioner will be given as per the instructions of the
Government Only in the light of Honourable Court Orders.
16. It is submitted that, the Honourable High Court of Andhra Pradesh may be
pleased to take appropriate action regarding payment of work bills to the
Petitioner.
17. It is submitted that, based on the Orders of the Honourable High Court of A.P.
and subsequent instructions of the Government the Executive Engineer will act
and implement the Government Orders.
18. It is submitted that, based on the Orders of the Honourable High Court of A.P.
and subsequent instructions of the Government the Executive Engineer will act
and implement the Government Orders. The Bills will be processed whenever
relevant Head of Account will be Operative.
Attester Deponent
In view of the above reasons mentioned in this Counter Affidavit for the work of “
Formation of Sub-Surface Dam across Pedda Hagari River near Junjurampalli (V),
Rayadurg (M) in Ananthapuram District”, regarding payment of Work Bills it is humbly
prayed that the above Writ Petition may please be dismissed in the interest of the Justice.
Solemnly affirmed and Signed
on this the ________ day of February, 2021 and signed in the my presence.
Attester
VERIFICATION STATEMENT
I, K.Harinath, S/o. K.Narasappa, aged about 60 Years, Executive Engineer, I.B.
Division, Water Resources Department, Dharmavaram, Ananthapuram District, do hereby
verify and state that the contents of above paragraphs of the written statement are true to
my personal knowledge based on information and records which are believed to be true and
correct.
Verified on this the day of February, 2021 at Ananthapuram District.
Attester Deponent
Govt. Pleader for Water Resources Deponent
Attester Deponent
