APHC010406562025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE EIGHTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 30796 OF 2025 Between: 1. SRI VENKATESWARA CONSTRUCTIONS, Rep. by its Managing Partner, S.Akbar, S/o. Sk. Khajisha, Aged about 44 years, Occ Contractor, D.No.7-1-101, Nehru Street, Allagadda, Kurnool District, Now Nandyal District. ...Petitioner AND 1. THE STATE OF AP, Rep. by its Principal Secretary, Department of Higher Education, AP Secretariat, Velagapudi, Amaravati, Guntur District. 2. Sarva Siksha Abhiyan, Andhra Pradesh, Amaravathi, Rep. by its Project Director, KBC ZP High School, Patamata, Vijayawada, NTR District-520010. 3. The Chief Engineer, Sarva Siksha Abhiyan, Andhra Pradesh, Amaravathi, KBC ZP High School, Patamata, Vijayawada, NTR District-520010. 4. The Executive Engineer, Sarva Siksha Abhiyan, Collectorate, Kurnool. 5. The Additional Project Coordinator, Sarva Siksha Abhiyan Andhra Pradesh, Kurnool, Now at Nandyal District. 6. The Commissioner of Intermediate Education, Andhra Pradesh, Tadepalli, Guntur District. 7. The Principal, YPPM Govt. Junior College, Allagadda, Nandyal District ...Respondents SRK, J WP No.30796 of 2025 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 an Order or Direction or Writ more particularly one in the nature of Writ of Mandamus by declaring the action of respondents in not paying Rs.8.30 Lakhs in respect of work executed for providing additional infrastructure facilities to YPPM Govt Junior College, Allagadda, Nandyal District vide work order NO.840/SSA/CW/NABARD-RIDF- 23/2018 dated 14.11.2018 as arbitrary, illegal and in violation of Articles 19 and 21 of the Constitution of India and consequently direct the respondents to pay Rs.8.30 Lakhs to the petitioner with interest 18percentage per annum from 15.09.2020. Counsel for the Petitioner: C PRAKASH REDDY Counsel for the Respondents: GP FOR HIGHER EDUCATION Counsel for the Respondents: SRK, J WP No.30796 of 2025 3 The Court made the following ORDER: The present Writ Petition has been filed seeking to declare the action of the respondents in not paying Rs.8.30 lakhs in respect of work executed for providing additional infrastructure facilities to YPPM Govt. Junior College, Allagadda, Nandyal district, vide work order No.840/SSA/CW/NABARD-RIDF- 23/2018, dated 14.11.2018, as arbitrary and illegal and consequently direct the respondents to pay Rs.8.30 Lakhs to the petitioner with interest at 18% p.a., from 15.09.2020. 2. Case of the petitioner firm is that 2nd respondent issued a Tender Notice NIT No.35/SSA/CW/2018-19, dated 26.06.2018, for providing additional infrastructure facilities to YPPM Government Junior College at Allagadda village and Mandal, Kurnool district. The total estimated cost of the said work was Rs.64.45 lakhs. In response to the said Tender Notice, petitioner firm submitted online tender and the same was accepted by 2nd respondent, vide memo dated 26.09.2018. Thereafter, petitioner firm entered into an agreement with the respondents by remitting EMD along with all required documents. Since the sanctioned amount of Rs.64.45 lakhs was not sufficient to complete the works, due to increased foundation depth, low soil bearing capacity, increased RR Masonry for basement etc., the expenditure for completion of buildings exceeded the sanctioned amount to a tune of Rs.8.30 lakhs. On completion of work, petitioner firm handed over the building to 6th respondent and the same was being utilized by the students. Petitioner made several representations to the respondents to pay the amount of Rs.8.30 SRK, J WP No.30796 of 2025 4 lakhs towards additional expenditure incurred in completing the contract work. Pursuant to the same, 5th respondent, vide Memo No.Acad.II-1/655897/RIDF-23/2018, dated 11.02.2022, instructed the District Vocational Education Officer, Kurnool, to submit detailed report duly verifying and inspecting for sanction of additional amount. In response to the same, the District Vocational Education Officer, Kurnool, conducted inspection and verified the balance items of work done, which are not included in completion reports, and submitted a detailed report vide Rc.No.Spl/A/RIDF-23, dated 04.01.2023, stating that an amount of Rs.8.30 lakhs is to be paid to the petitioner firm. Despite the fact that a report was submitted by the competent District Vocational Education Officer, the amount has not been paid to the petitioner. Since the petitioner executed the work by contracting debts from institutions and individuals at higher rate of interest, due to delay in payment of the said amount, the petitioner has to pay interest to his creditors. 3. When the matter came up for admission on 25.11.2025, learned Standing Counsel for respondent Nos.2 and 4 submitted written instructions of the Executive Engineer (FAC), APSS, Kurnool, wherein it is stated that the issue regarding the sanction of budget for the work completed by the petitioner is pending before the Commissioner of Intermediate Education, AP, Vijayawada, and as soon as the Commissioner of Intermediate Education sanctions budget, the same shall be paid to the Writ Petitioner. SRK, J WP No.30796 of 2025 5 4. In view of the aforesaid facts and circumstances and as there is no dispute with regard to the execution of additional work and the amount due to the petitioner, the respondents are directed to release the amount of Rs.8.30 lakhs to the petitioner within a period of six (6) 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. 5. 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:08.12.2025 Nsr SRK, J WP No.30796 of 2025 6 HON’BLE SRI JUSTICE K. SREENIVASA REDDY Writ Petition No.30796 of 2025 Date:08.12.2025 Nsr