APHC010222662024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 11230 OF 2024 Between: 1. SRI DATTA SAI CONSTRUCTIONS, Rep by its Managing partner, B.B Appa Rao, S/o Pardesi Naidu, Age 59 Yrs, D.No. 4- 69-17/1, Law Sons bay Colony, Visakhapatnam. ...Petitioner AND 1. THE STATE OF AP, Rep. by its principle Secretary, Tribal welfare Department, Secretariat, Velagapudi, Amaravati, A.P. 2. The State of Andhra Pradesh, Rep. by its Principle Secretary, Finance AND Planning Department, Secretariat, Velagapudi, Amaravati, A.P. 3. The Project officer, ITDA Paderu, Allurisitaramaraju Dist(New) Visakhapatnam Dist(old), A.P. 4. The Director of Tribal welfare Department, D.No. 40-6-22A, Kandhari Hotel Road, Revenue Colony, Vijayawada, A.P. 5. The District Collector, Allurisitaramaraju District (New), A.P 6. The Engineer in cheif, O/o Tribal Welfare engineering Department 40-1-86, Fortune Murali Park Road, Revenue Colony,Vijayawada A.P. 7. The Superintending Engineer, O/o Tribal Welfare engineering Department Ushodaya junction, Sector-8, MVP colony, Visakhapatnam, A.P. 8. The Executive Engineer, O/o Tribal Welfare engineering Department Araku, Allurisitaramaraju Dist(New), Visakhapatnam, A.P. ...Respondents SRK, J WP No.11230 of 2024 2 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 or Order or a direction more particularly in a nature of Writ of Mandamus declaring the action of the Respondents not releasing the payment of the part bill amount of Rs.2,46,44,436/- to the petitioner along with interest for the works done by the petitioner in pursuance of agreement entered in to with the 7TH respondent vide agreement 25/21-22/DB dated 02.02.2022 for providing Construction of Centre for Excellence boys at Marikavalas in Visakhapatnam Mandal and District is questioned, as the same is illegal, arbitrary and consequently direct the respondents to release the payment of bill amounts with interest to the petitioner in respect of execution of above- mentioned work forthwith. Counsel for the Petitioner: RAYUDU SUDHA Counsel for the Respondents: GP FOR FINANCE PLANNING Counsel for the Respondents: GP FOR SOCIAL WELFARE SRK, J WP No.11230 of 2024 3 The Court made the following ORDER: This Writ Petition has been filed seeking to declare the action of the respondents in not releasing the part bill amount of Rs.2,46,44,436/- even after finalizing the bills, payable to the petitioner in relation to the execution of works i.e., construction of Centre for Excellence Boys at Marikavalas in Visakhapatnam Mandal and district, as illegal and arbitrary and consequently direct the respondents to pay the said amount due to the petitioner in respect of execution of afore mentioned works forthwith. 2. Petitioner entered into an agreement with 7th respondent, vide agreement dated 02.02.2022, for construction of Center for Excellence boys at Marikavalas in Visakhapatnam Mandal and District. Subsequently, petitioner completed the works within the prescribed time without any remarks by borrowing the amounts from various sources on interest. Having satisfied with the works done by the petitioner, the same was entered in M Books. Petitioner executed total work of Rs.4,35,73,773/- (without adding GST, Seigniorage, QC charges and Price Escalation) and out of the said amount the respondents released only Rs.1,89,29,337/- on 05.07.2023 and the balance amount to be released for the SRK, J WP No.11230 of 2024 4 executed work is Rs.2,46,44,436/-. Hence, he filed the present Writ Petition. 3. A counter affidavit is filed by respondent No.8 stating that the petitioner had executed the works and the Executive Engineers concerned recorded the measurements in M.Book and processed all the five bills, of which, 1st, 2nd and 3rd bills for a gross amount of Rs.2,10,21,361/- were paid by the Government, but 4th and 5th bills for a gross amount of Rs.2,46,44,436/- are still pending, due to pending entrustment of revised work to the petitioner and pending working estimate approval. It is further stated that the funds are yet to be received from the Government for payment of the said amount to the petitioner. 4. Today, when the matter came up for admission, learned counsel for the petitioner submits that the subject matter of this Writ Petition is squarely covered by the orders of this Court passed in WP No.29077 of 2018, dated 16.08.2018, wherein this Court directed the respondents therein to verify and quantify the amounts due to the petitioner therein in terms of the works admittedly executed, and directed to pay such undisputed amounts, if any, to the petitioner therein, within eight (8) weeks from the date of receipt of a copy of the said order. SRK, J WP No.11230 of 2024 5 5. In view of the aforesaid facts and circumstances and as there is no dispute with regard to the execution of work and the amount due to the petitioner, the respondents are directed to release the pending amount of Rs.2,46,44,436/- (Rupees two crores forty six lakhs forty four thousand four hundred and thirty six only) to the petitioner within a period of twelve (12) 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 this order till the date of realization. 6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed. ________________________ K. SREENIVASA REDDY, J. Date:17.09.2025 Nsr SRK, J WP No.11230 of 2024 6 HON’BLE SRI JUSTICE K. SREENIVASA REDDY Writ Petition No.11230 of 2024 Date:17.09.2025 Nsr