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2026 DAILYLAW 10450 (AP)

M/s Sagittal Infra Projects v. THE STATE OF ANDHRA PRADESH

WP/7889/2024 · 2026-09-16

Venkateswarlu Nimmagadda

body2026

Judgment text

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APHC010143322024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY, THE 17th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7889/2024 Between: 1. M/S SAGITTAL INFRA PROJECTS, DOOR NO 9-2-228/A, JANGAREDDYGUDEM WEST GODAVARI DISTRICT REP BY ITS MANAGING PARTNER SRI K. KRISHNA KISHORE ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRL SECRETARY HOUSING DEPARTMENT, AT SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, A.P. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRL SECRETARY FINANCE AND PLANNING DEPARTMENT, AT SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, A.P. 3. THE AP STATE HOUSING CORPORATION LTD, REP BY ITS MANAGING DIRECTOR, NIRMAAN BHAVAN, PLOT NO 11 AND 12, AUTONAGAR, VIJAYAWADA. 4. THE DISTRICT COLLECTOR AND EXECUTIVE DIRECTOR, (HOUSING) ELURU, ELURU DISTRICT AT ELURU 5. THE PROJECT DIRECTOR/ DISTRICT HEAD AP STATE HOUSING CORP LTD, (APSHCL) ELURU DISTRICT, AT ELURU 6. DEPUTY EXECUTIVE ENGINEER, AP STATE HOUSING CORPORATION LTD (APSHCL) DENDULURU CONSTITUENCY, DENDULURU, ELURU DISTRICT ...RESPONDENT(S): 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 topleased to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the inaction on the part of the respondents in paying the final bill amount of Rs 2,63,55,666/- (Two Crores Sixty Three Lakhs Fifty Five Thousand six hundred and Sixty Six Rupees) to the petitioner in respect of execution of the work relating to agreement No.02/CE/APSHCL/Madepalli Levelling/ELR/2023-24, dated 22- 05-2023 as illegal, arbitrary, and violation of principles of natural justice and violation of Article 14, 19 (1) (g) of Constitutionof India and consequently direct the respondents to pay the said amount of Rs 2,63,55,666/- (Two Crores Sixty-Three Lakhs Fifty-Five Thousand six hundred and Sixty-Six Rupees) to the petitioner with interest @ 18PERCENT per annum from 02- 07-2023 till the date of payment in the interest of justice and pass IA NO: 1 OF 2024 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 pay an amount of Rs 2,63,55,666/- (Two Crores Sixty- Three Lakhs Fifty-Five Thousand six hundred and Sixty-Six Rupees) to the petitioner firm in respect of execution of work relating to work agreement Nos. 02/CE/APSHCL/Madepalli Levelling/ELR/2023-24, dated 22- 05-2023 in the interest of Justice pending disposal of the writ petition and pass Counsel for the Petitioner: 1. CH B R P SEKHAR Counsel for the Respondent(S): 1. E V JAGANNADHA RAO (SC FOR AP STATE HOUSEING COOP LTD) 2. GP FOR FINANCE PLANNING 3. MALLIKHARJUNA MOORTHY K (SC FOR A.P HOUSING CORPORATION LIMITED) 4. GP FOR HOUSING 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.7889 of 2024 ORDER: 1. The petitioner has been awarded the contract of work(s) under the subject scheme in Eluru District. After execution of the said contract, a final bill was prepared for a sum of Rs.2,63,55,666/- as per the sanctioned orders. As the payment of the said amount has not been made by the respondents, the petitioner has approached this Court by way of this writ petition. 2. It is the contention of the petitioner that even though the respondents admitted that the petitioner is entitled for payment of Rs.2,63,55,666/-, no payment is being made. The petitioner contends that such non-payment of money is clearly arbitrary and high-handed requiring the interference of this Court. 3. This Court, in various orders, including the judgment of a learned Single Judge of this Court dated 05.10.2021 in W.P.No.10038 of 2021 and batch had taken the view that such non-payment of dues is arbitrary and that such dues need to be cleared by the respondents at the earliest. 4. On the other hand, learned Standing Counsel for the Corporation has placed on record the written instructions received from the District Head- Housing, Eluru District admitting net amount of Rs.2,63,55,841/- is payable to the petitioner, subject to the applicable standard deduction, if any. But, the 4 subject bill was not uploaded for payment. Soon after uploading of the bill, an amount of Rs.2,63,55,841/- will be paid to the petitioner. 5. In view of the aforesaid directions of this Court in various cases and after hearing the submissions of learned counsel for the petitioner, learned Standing Counsel for AP Housing Corporation, this Writ Petition is disposed of with a direction to the respondents to release the net amount of Rs.2,63,55,841/- is payable to the petitioner, subject to the applicable standard deduction, if any, within a period of four(4) months. No order as to costs. 6. In fact there is no admission by the Respondents either in their Written Instructions regarding the payment of interest component or by oral submissions made by the Government Pleader/Standing Counsel for Respondents. Much less, the interest component as claimed by the petitioner was neither admitted nor approved at their final bills of the respondents. Hence, in the absence of any such admission, this Court is not inclined to grant any specific amount as it admitted under the head of interest. Therefore, the respondents are hereby directed to pay admitted amount of Rs.2,63,55,841/- within a period of four months from the date of receipt of copy of this order. As far as interest is concerned, if both parties have agreed regarding the quantum of amount towards interest, the same should be paid along with admitted amount, if not, petitioner is at liberty to submit a representation or a Memo of Statement requesting for payment of interest. If petitioner is entitled for the same, after such submission of representation or 5 Memo, the concerned respondent authorities shall consider and pass appropriate orders after providing opportunity of hearing to both parties in case of rejection or reduction of interest amount claimed by the petitioner, within a period of four (04) months thereafter. 7. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J Dated: 17.09.2026 BSM 6 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.7889 OF 2024 Dt: 17.09.2026 BSM