APHC010381312025 i .•• IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) •o. // W^-v - V .V. i ■1\ t - ./ ‘’i / .y. V. \' V MONDAY, THE FIRST DAY OF SEPTEMBER / TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 19694 OF 202^ Between: 1. MY3 Engineers and Land Survey Works, Rep. by its Proprietor Bhaskar, Alka S/o. Anjaneyulu, aged- 40 Years, D.No.6-2-765, enclave, T.F-2, right cross road, Vidyanagar colony, Tadigadapa, Balaji Krishna District. 2. Alka Bhaskar, S/o. Anjaneyulu, aged- 40 Years, Occ: Proprietor R/o- D.No.6-2-765, Balaji enclave, T.F-2, 1®' right cross road, Vidyanagar colony, Tadigadapa, Krishna District. j ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Secretariat Buildings Department of Finance and Planning j Velagapudi, Amaravathi, Guntur District. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary Department of Revenue Amaravathi, Guntur District. Secretariat Buildings, Velagapudi > 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 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, order or direction more particularly one in the nature of Mandamus declaring action of the Respondents in not releasing the bill amount of Rs. 25,48,471/-(Rupees Twenty-Five Lakh Forty-Eight Thousand Four Hundred and Seventy-One 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 villages of Godavarru2, Uppuluru, Velpuru of Kankipadu Mandal ii. supply and application of paint with plot numbers marking the number on the concrete poles in the villages of Godavarru-I Godavarru-ll, Uppuluru, Velpuru of Kankipadu 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 respondentsto forthwith release the bill amount of Rs.25,48,471/-(Rupees Twenty-Five Lakh Forty-Eight Thousand Four Hundred and Seventy-One only) with interest @24% per annum to the petitioner in respect of execution of above- mentioned work. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to release the bill amount of Rs. 25,48,471/-(Rupees Twenty-Five Lakh Forty-Eight Thousand Four Hundred and Seventy-One 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 villages of Godavarru2 Uppuluru, Velpuru of Kankipadu Mandal” ii. “supply and application of paint with plot numbers marking the number on the concrete poles in the villages of Godavarru-I, Godavarru-ll, Uppuluru, Velpuru of Kankipadu mandal” forthwith. pending disposal of the Writ Petition. Counsel for the Petitioners: SRI P. VIVEK Counsel for the Respondent No.1 : GP FOR FINANCE AND PLANNING Counsel for the Respondent Nos.2 to 6 : GP FOR REVENUE The Court made the following order: APHC010381312025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] MONDAY,THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 19694/2025 Between: 1.MY3 ENGINEERS AND LAND SURVEY WORKS,, REP. BY ITS PROPRIETOR, ALKABHASKAR, S/0-ANJANEYULU, AGED- 40, ADDRESS-D.NO.6-2-765, BALAJI ENCLAVE, T.F-2, 1ST RIGHT CROSS ROAD, TADIGADAPA, KRISHNA DISTRICT. 2.ALKA BHASKAR,, S/0- ANJANEYULU, AGED- 40, OCC- PROPRIETOR, R/0- D.NO.6-2-765, BALAJI ENCLAVE, T.F-2, 1ST RIGHT CROSS ROAD, VIDYANAGAR COLONY, TADIGADAPA, KRISHNA DISTRICT. VIDYANAGAR COLONY, ...PETITIONER(S) 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, DEPARTMENT OF REVENUE, SECRETARIAT BUILDINGS, VELAGAPUDI 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. 25,48,471/- (Rupees Twenty-Five Lakh Forty-Eight Thousand Four Hundred and Seventy-One 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 villages of Godavarru2, Uppuluru, Velpuru of Kankipadu Mandal ii. supply and application of paint with plot numbers marking the number AMARAVATHI, GUNTUR 2 on the concrete poles in the villages of Godavarru-I, Godavarru-ll, Uppuluru, Velpuru of Kankipadu 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 Thousand Four Hundred Rs.25,48,471/-(Rupees Twenty-Five Lakh Forty-Eight and Seventy-One only) with interest @24percent per annum to the petitioner in respect of execution of above-mentioned work and pass lA NO: 1 OF 2025 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 release the bill amount of Rs. 25,48,471/-(Rupees Twenty-Five Lakh Forty-Eight Thousand Four Hundred and Seventy-One 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 villages of Godavarru2, Uppuluru, Velpuru of Kankipadu Mandal” ii. “supply and application of paint with plot numbers marking the number on the concrete poles in the villages of Godavarru-I, Godavarru-ll, Uppuluru, Velpuru of Kankipadu 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 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.19694 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.25,48,471/-(Rupees Twenty-Five Lakh Forty-Eight Thousand Four Hundred and Seventy-One only) payable to the 1®' 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 villages of Godavarru2, Uppuluru, Velpuru of Kankipadu Mandal ii. supply and application of paint with plot numbers marking the number on the concrete poles in the villages of Godavarru-I, Godavarru-ll, Uppuluru, Velpuru of Kankipadu 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.25,48,471/- (Rupees Twenty-Five Lakh Forty-Eight Thousand Four Hundred and Seventy-One only) with interest @24percent per annum to the petitioner in respect of execution of above-mentioned work and pass such other order or orders...” Heard learned counsel for petitioners and learned counsel for 2. respondents. The short grievance of the petitioners is that they have executed 3. several works. However, the respondents have not paid the amount. Hence, the present writ petition is filed. 4 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 30.07.2025 (forms part of record), addressed by the Tahsildar, Kankipadu and the relevant portion is extracted hereunder: ...The relative bills were uploaded YSR Gruhavasati portal by the Revenue Divisional Officer, Vuyyuru vide Bill No.202325. The same bills were pending for clearance of funds. As submitted above, the bills will be cleared by Finance Department and there is no fault on part of Revenue Department in this regard....” 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 apt in accordance with its constitutional obligation by adhering to the letter and spirit of Articles 14 and 21 of the Constitution of India. 7. In catena of cases this Court had held that where dispute revolves round questions of fact, the matter ought not to be (197 !) 3 see 864 5 i 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/-B.PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Department of Finance and Planning,State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Guntur District. 2. The Principal Secretary, Department of Revenue, State of Andhra Pradesh, 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. 7. One CC to Sri P. Vivek, Advocate [OPUC] 8. Two CCs to GP for Revenue, Fligh Court of Andhra Pradesh [OUT] 9. Two CCs to GP for Finance Planning, High Court of Andhra Pradesh [OUT] 10.Two CD Copies Amaravathi, Cnr HIGH COURT DATED:01/09/2025 ORDER WP NO. 19694 OF 2025 DISPOSING THE W.P. WITHOUT COSTS