APHC010026782023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] THURSDAY, THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 1345/2023 Between: 1. M/S. VIJAYA LAKSHMI BORE WELLS, KURNOOL, KURNOOL DISTRICT, REP. BY ITS PROPRIETOR, V. NARAYANA REDDY. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT 2. THE ANDHRA PRADESH EDUCATION AND WELFARE INFRASTRUCTURE DEVELOPMENT CORPORATION APEWIDC, REP BY ITS MANAGING DIRECTOR, D.NO. 7- 96, SRI SAI FORTUNE HEIGHTS, VADDESWARAM, TADEPALLI, GUNTUR DISTRICT 3. THE EXECUTIVE ENGINEER, THE ANDHRA PRADESH EDUCATION AND WELFARE INFRASTRUCTURE DEVELOPMENT CORPORATION ( APEWIDC), KURNOOL, KURNOOL DISTRICT ...RESPONDENT(S): 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 an appropriate writ, order or direction more particularly one in the nature Writ of Mandamus, declaring the action of the respondents in not paying the admitted bill amounts of Rs. 1,42,809/-, Rs. 2,51,942/-, Rs. 1,17,645/-, Rs. 2 1,18,217/- and Rs. 1,26,667/-to the Petitioner for the works of drilling of borewell at the worksite of construction of Ladies Hostel (G plus 1) for Dr.Abdul Haq Urdu University at Orvakal vide Rc. No.10/ HD / EWIDC/ KRNL/ Library/ NDL/ 2019, dated 28.05.2019, Drilling 2 bore wells at the work site of construction of new building and boys hostel building to ESC Govt. Polytechnic, Nandyal vide Rc.No. 10/HD/ESC(GPT)/New buildingand Boys Hostel/ Nandyala/2018, dated 21.12.2018, drilling of bore well at the work site of S.W College boys hostel at Atmakur vide Rc.No. 10/HD/MtcandRepairs/SWBH/Atmakur/2018, dated 27.11.2018, drilling of borewell at the worksite of Maintenance and repairs to B.0 Boys Hostel at Kambalapadu Village and Mandal vide Rc.No. 10/HD/BCBH/KAMBALAPADU/2018, dated 10.10.2018 and drilling of bore well at the worksite of construction of hostel building to ESC Govt. Polytechnic, Nandyal vide Rc.No. 10/ HD/ ESC-GPT/Hostel Building/Nandyala/2018, dated 21.12.2018 entrusted by the 3rd respondent, as illegal, arbitrary, violative of Arts. 14 and 19(g) of the Constitution of India and consequently direct the Respondents to forthwith release the payment of above bill amount along with interest and pass IA NO: 1 OF 2023 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 pleased to direct the respondents to forthwith process and release the Rs. 1,42,809/-, Rs. 2,51,942/-, Rs. 1,17,645/-, Rs. 1,18,217/- and Rs. 1,26,667/- to the Petitioner for the various works of drilling bore wells that are entrusted by the 3rd respondent and pass Counsel for the Petitioner: 1. K RATHANGA PANI REDDY Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING 2. GVS KISHORE KUMAR 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 597 of 2024 The Court made the following Order: Instant Writ Petition has been filed by the petitioner under Article 226 of the Constitution of India is filed for 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 not paying the admitted bill amounts of Rs. 1,42,809/-, Rs. 2,51,942/-, Rs. 1,17,645/-, Rs. 1,18,217/- and Rs. 1,26,667/-to the Petitioner for the works of drilling of borewell at the worksite of construction of Ladies Hostel (G plus 1) for Dr.Abdul Haq Urdu University at Orvakal vide Rc. No.10/ HD / EWIDC/ KRNL/ Library/ NDL/ 2019, dated 28.05.2019, Drilling 2 bore wells at the work site of construction of new building and boys hostel building to ESC Govt. Polytechnic, Nandyal vide Rc.No. 10/HD/ESC(GPT)/New building and Boys Hostel/ Nandyala/2018, dated 21.12.2018, drilling of bore well at the work site of S.W College boys hostel at Atmakur vide Rc.No. 10/HD/MtcandRepairs/SWBH/Atmakur/2018, dated 27.11.2018, drilling of borewell at the worksite of Maintenance and repairs to B.0 Boys Hostel at Kambalapadu Village and Mandal vide Rc.No. 10/HD/BCBH/KAMBALAPADU/2018, dated 10.10.2018 and drilling of bore well at the worksite of construction of hostel building to ESC Govt. Polytechnic, Nandyal vide Rc.No. 10/ HD/ ESC- GPT/Hostel Building/Nandyala/2018, dated 21.12.2018 entrusted by the 3rd respondent, as illegal, arbitrary, violative of Arts. 14 and 19(g) of the Constitution of India and consequently direct the Respondents to forthwith release the payment of 4 above bill amount along with interest and pass such other order …”. 2. Sum and substance of the writ petition is that the petitioner challenged the inaction of the respondents in not releasing the amounts, even after completion of the entire works entrusted to the petitioner. 3. Heard learned counsel for the petitioner and learned Assistant Government Pleader for the respondents. 4. Learned counsel for the petitioner, while reiterating the averments made in the writ affidavit, submits that in view of the non-release of the admitted amounts, the petitioner is facing multifarious problems, physically and fiscally. Hence, he submits that the release of the amounts is just and essential. 5. On the other hand, learned Assistant Government Pleader, places a copy of the written instructions dated 07.05.2026 issued by the Executive Engineer, APEWIDC Division, Kurnool District, and submits that six months’ time may be granted for paying the admitted amount of Rs.1,22,596/-, Rs.1,22,002/-, Rs.1,31,359/-, Rs.2,61,274/- and Rs.1,48,098/- to the petitioner. 5 6. Since it is not in dispute that the petitioner completed the works and has yet to receive payment, this Court finds the respondents’ failure to pay is unjustified. However, taking into consideration of the ground realities to settle the admitted amounts, the respondents are granted rational time to settle the dues. 7. Recently the Hon’ble Supreme Court of India held in Utkal Highways Engineers and Contractor Vs Chief General Manager and Others1, in vivid terms categorically held in the following manner: “8. Be that as it may, the High Court has not dealt with the merits of the writ petition. Moreover, it is not an inviolable rule that no money claim can be adjudicated upon in exercise of writ jurisdiction…..” 8. It is apt to note that a mere financial incapacity/poor financial conditions, as stated by the respondents, for non- releasing of amounts after getting the works from the petitioner, cannot be a ground. 9. In view of the above-stated legal position, the respondents, being the instrumentality of the ‘State’ within the meaning of Article 12 of the Constitution of India, is bound to release the 1 (2025) SCC Online SC 1400 6 amount for the undisputed works done by the petitioner, without any further delay. A mere financial incapacity or paucity of funds cannot be a valid defence for non-fulfillment of such statutory obligations, more particularly, when the works executed by the petitioners are admitted by the respondent Corporation. 10. So far as the interest portion is concerned, the Hon’ble Division Bench of this Court in the case of Managing Director & Ors. Vs. Sree Balaji Constructions & Ors. (Writ Appeal No.60 of 2025) held that the award of interest on delayed payments was unsustainable in the absence of specific terms and conditions of the relevant agreement between the parties, but in the instant case, the learned counsel for the petitioner has not touched on the said point. However, the Hon’ble Division Bench in similar circumstances made it clear that the parties are at liberty to pursue their claims before an appropriate forum in accordance with the Law in respect of interest portion is concerned. 11. In the light of the above legal position, coupled with the fact that the liability for the undisputed works was admitted by the respondents, the Writ Petition is disposed of with a direction to the respondents to release the amount payable to the petitioner, within a period of six (06) months, from the date of receipt of copy 7 of this order. It is needless to say that the petitioners are at liberty to approach the appropriate Civil Court with regard to interest, if so advised. There shall be no order as to costs. Interlocutory applications, if any, pending shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 07.05.2026 PSA