APHC010381322025 IN THE HIGH COURT OF ANDHRA PRADEShj'^^ AT AMARAVATI (Special Original Jurisdiction) t: ri^ 3i. • \s MONDAY, THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 19723 OF 2025 Between: 1. MY3 Engineers and Land Survey Works, Rep. by its Proprietor, Alka Address D.No.6-2-765, Balaji Bhaskar, S/o- Anjaneyulu, aged- 40 enclave, T.F-2, right cross road, Vidyanagar colony, Tadigadapa, Krishna District. 2. Alka Bhaskar, S/o- Anjaneyulu, aged- 40, D.No.6-2-765, Balaji enclave, T.F-2, right cross road, Vidyanagar colony, Tadigadapa, Krishna District. R/o- Occ- Proprietor ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Department of Finance and Planning Secretariat Buildings, Velagapudi Amaravathi, Guntur District. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Secretariat Buildings, Velagapudi, Departmentof Revenue, Amaravathi, Guntur District. 3. The District Collector, Krishna District. 4. The Joint Collector, Krishna District. 5. The Revenue Divisional officer, Vuyyuru.Krishna District. 6. The Tahsildar, Penamaluru, Krishna District. ...Respondents under Article 226 of the Constitution of India is filed praying that # ion* if€umstances stated in the affidavit filed therewith, the High Court may particularly one in the insthj i be pleased to issue a writ, order or direction more of Mandamus declaring action of the Respondents in not releasing the nature bill amount of Rs. 24,97,616/-(Rupees Twenty-Four Lakh Ninety Seven Thousand Six Hundred and Sixteen only) payable to the 1®* petitioner in relation to the works executed namely i. preparation and supply of glass fiber reinforced concrete poles and fixing of survey poles in layouts in Vanukuru 2 & 3 of Penamaluru Mandal ii. Supply and application of paint with plot numbers marking the number on the concrete poles in the village of in & 3 of Penamaluru Mandal” despite uploading the same in CFMS Vanukuru 2 portal as illegal, arbitrary and violative of Article 14 and 21 of the Constitution India apart from Principles of Natural Justice and consequently direct the respondents to forthwith release the bill amount of Rs. 24,97,616/-(Rupees Twenty-Four Lakh Ninety Seven Thousand Six Hundred and Sixteen only) with interest @24% per annum to the petitioner in respect of execution of of above-mentioned work. lA NO: 1 OF 2025 is filed praying that in the Petition under Section 151 CPC circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to release the bill amount of Lakh Ninety Seven Thousand Six Rs. 24,97,616/-(Rupees Twenty-Four Hundred and Sixteen only) with interest @24% per annum in respect of the works namely i, “preparation and supply of glass fiber reinforced concrete poles and fixing of survey poles in layouts in Vanukuru 2 & 3 of Penamaluru Mandal” ii. “Supply and application of paint with plot numbers marking the Vanukuru 2 & 3 of number on the concrete poles in the village of in Penamaluru Mandal” forthwith, pending disposal of the Writ Petition Counsel for the Petitioners:SRI P VIVEK Counsel for the Respondent No.1:GP FOR FINANCE PLANNING Counsel for the Respondent No’s. 2 to 6: GP FOR REVENUE The Court made the following order: APHC010381322025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) HE'S -AW [3330] 0 l-V MONDAY,THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 19723/2025 Between: 1.MY3 ENGINEERS AND LAND SURVEY WORKS,, REP. BY ITS PROPRIETOR, ALKA BHASKAR, S/O- ANJANEYULU, AGED- 40, ADDRESS D.NO.6-2-765, BALAJI ENCLAVE, T.F-_2, JST RIGHT CROSS ROAD, TADIGADAPA, KRISHNA DISTRICT. 2.ALKA BHASKAR,, S/O- ANJANEYULU, AGED- 40, PROPRIETOR, R/0- D.NO.6-2-765, BALAJI ENCLAVE, T.F-2 1ST RIGHT CROSS ROAD, TADIGADAPA, KRISHNA DISTRICT. VIDYANAGAR COLONY, OCC- VIDYANAGAR COLONY, ...PETITIONER(S) AND 1 THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENTOF REVENUE, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3 THE DISTRICT COLLECTOR, KRISHNA DISTRICT. 4.THE JOINT COLLECTOR, KRISHNA DISTRICT. 5.THE REVENUE DIVISIONAL OFFICER, VUYYURU.KRISHNA DISTRICT. 6 THE TAHSILDAR, PENAMALURU, KRISHNA 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 topleased to issue a writ, order or direction more particularly one in the nature of Mandamus declaring action of the Respondents in not releasing the bill amount of Rs. 24,97,616/- (Rupees Twenty-Four Lakh Ninety Seven Thousand Six Hundred and Sixteen only) payable to the 1st petitioner in relation to the works executed namely i. preparation and supply of glass fiber reinforced concrete poles and fixing of survey poles in layouts in Vanukuru 2 and 3 of Penamaluru Mandat ii. Supply and application of paint with plot numbers marking the number on the concrete poles in the village of in AMARAVATHI, 2 Vanukuru 2 and 3 of Penamaluru Mandal despite uploading the same in CFMS portal as itlegal, arbitrary and violative of Article 14 and 21 of the Constitution of India apart from Principles of Natural Justice and consequently direct the respondents to forthwith release the bill amount of Rs. 24,97,616/-(Rupees Twenty-Four Lakh Ninety Seven Thousand Six Flundred and Sixteen only) with interest @24percent per annum to the petitioner in respect of execution of above- mentioned work and pass lA NO: 1 OF 2025 that in the Petition under Section 151 CPC circumstances stated in the affidavit filed in support of the petition, the Fligh Court may be pleased pleased to direct the respondents to release the bill amount of Rs. 24,97,616/-{Rupees Twenty-Four Lakh Ninety Seven Thousand Six Hundred and Sixteen only) with interest @24% per annum in respect of the works namely i, “preparation and supply of glass fiber reinforced concrete poles and fixing of survey poles in layouts in Vanukuru 2&3 of Penamaluru Mandal” ii. “Supply and application of paint with plot numbers marking the number on the concrete poles in the village of in Vanukuru 2&3 of Penamaluru Mandal” forthwith, pending disposal of the Writ Petition and pass Counsel for the Petitioner(S): 1.P VIVEK Counsel for the Respondent(S): 1.GP FOR REVENUE 2.GP FOR FINANCE PLANNING praying THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.19723 of 2025 ORDER:- The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “...to issue a writ, order or direction more particularly one in the nature of Mandamus declaring action of the Respondents in not releasing the bill amount of Rs.24,97,616/-(Rupees Twenty-Four Lakh Ninety Seven Thousand Six Hundred and Sixteen only) payable to the petitioner in relation to the works executed namely i.e., preparation and supply of glass fiber reinforced concrete poles and fixing of survey poles in layouts in Vanukuru 2 and 3 of Penamaluru Mandal ii. Supply and application of paint with plot numbers marking the number on the concrete poles in the village of in Vanukuru 2 and 3 of Penamaluru Mandal despite uploading the same in CFMS portal as illegal, arbitrary and violative of Article 14 and 21 of the Constitution of India apart from Principles of Natural Justice and consequently direct the respondents to forthwith release the bill amount of Rs.24,97,616/-(Rupees Twenty-Four Lakh Ninety Seven Thousand Six Hundred and Sixteen only) with interest @24percent per annum to the petitioner in respect of execution of above-mentioned work and pass such other order or orders...” 2. Heard learned counsel for petitioners and learned counsel for respondents. 3. The short grievance of the petitioners is that they have executed several works. However, the respondents have not paid the amount. Hence, the present writ petition is filed. 4. Learned counsel for the petitioners submits that the respondents have neither disputed the execution of work nor payment of amount to the petitioners. 5. The Learned State counsel has furnished proceedings dated 31.07.2025 (forms part of record). Relevant portion in the written instructions is extracted hereunder; “...The relative bills were uploaded in CFMS portal vide Bill No.202325 under YSR Gruhavasati portal. The same bills were pending at CFMS for payment to the company. As submitted above, the relative CFMS bills will be cleared by Finance Department and there is no fault on part of Revenue Department and in this regard, requests the Hon’ble High Court to pass appropriate orders...” 6. In the case of The D.F.O., South Kheri and Ors. vs Ram Sanehi Singh\ the Apex Court held that when a State decides not to pay the dues with mala fide, with ulterior motives or arbitrarily or when the State avoids payment of the dues with mala fide, with ulterior motives, arbitrarily or when the State discriminates, while making payment dues, such a decision of the State not to pay or such an act of the State of not paying its dues cannot be said to be wholly beyond the reach of Article 226, for asking the writ court to do is to force the State to act in accordance with its constitutional obligation by adhering to the letter and spirit of Articles 14 and 21 of the Constitution of India (1971) 3 see 864 5 7. In catena of cases this Court had held that where dispute revolves round questions of fact, the matter ought not to be entertained under Article 226 of the Constitution of India. In the present case, the respondents have not disputed the payment of amount to the petitioners. 8. As the respondents have not disputed the payment, the present Writ Petition is disposed of directing the respondents to pay the admitted amount to the petitioners within a period of three (03) months from the date of receipt of a copy of this order. Failing which petitioners are entitled for interest at the rate of 6% per annum from the date of petition till realization. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Sd/- K TATA RAO DEP^^'^EGiSTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Department of Finance and Planning, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Principal Secretary, Departmentof Revenue, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 3. The District Collector, Krishna District. 4. The Joint Collector, Krishna District. The Revenue Divisional officer, Vuyyuru.Krishna District. The Tahsildar, Penamaluru, Krishna District. One CC to SRI. P VIVEK, Advocate [OPUC] Two CCs to GP FOR REVENUE, High Court of Andhra Pradesh [OUT] Two CCs to GP FOR FINANCE & PLANNING, High Court of Andhra Pradesh [OUT] Three CD Copies 5. 6. 7. 8. 9. 10. PRK H: ¥ HIGH COURT DATED:01/09/2025 ORDER WP NO. 19723 OF 2025 f7SEP 2025 jS rrentSfctioax^ o Co DISPOSING OF THE W.P. WITHOUT COSTS