1 APHC010647192025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY, THE 17th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 33444/2025 Between: 1. THUMMAPALA JAYA KRISHNA,, S/O. T MODA KONDAYYA NAIDU, AGED ABOUT 50 YEARS, OCC CONTRACTOR, R/O. H.NO. 2-10, BODUVALASA POST, SABBAVARAM MANDAL, MARRIPALEM, VISAKHAPATNAM DISTRICT, PINCODE 531035. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, TRIBAL WELFARE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE PROJECT OFFICER, INTEGRATED TRIBAL DEVELOPMENT AGENCY (ITDA), PADERU, ALLURI SITHARAMARAJU DISTRICT. 4. THE SUPERINTENDING ENGINEER, TRIBAL WELFARE, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 5. THE EXECUTIVE ENGINEER, TRIBAL WELFARE, ARAKU, ALLURI SITHARAMARAJU DISTRICT. 6. THE EXECUTIVE ENGINEER, TRIBAL WELFARE, PADERU, ALLURI SITHARAMARAJU DISTRICT. 2 ...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 tomay be pleased to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents not releasing the withheld amounts as Rs. 1,66,228/-, Rs. 1,136,235/- and Rs.69,822/- with a Grand totaling of Rs.3,72,285/- vide M Book No. 3620/ B/ TW, even after completion of defect liability period, refund payable to the petitioner in relation to the works i.e., 1.Construction of Addl.Class Rooms to Ashram High School (B) at Sivalingapuram (V) in Ananthagiri (M) of Visakhapatnam District, vide Cir Agreement No. 251/2012-13/ DB/ Dt. 11.12.2012/ 2.Construction of Addl.Class Rooms to T.W. Ashram High School (B) at Borra (V) in Anathagiri (M) of Visakhapatnam District, vide Cir.Agreement No. 252/ 2012-13/ DB/ Dt.l 1.12.2012 8 and 3.Construction of Addl.Class Rooms to T.W. Ashram High School (G) of Ananthagiri (VSsM) of Visakhapatnam District, vide Cir. Agreement No. 253/ 2012-13/ DB/ Dt.l 1.12.2012 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to release the withheld amounts as Rs. 1,66,228/-, Rs. 1,136,235/- and Rs.69,822/- with a Grand totaling of Rs.3,72,285/- vide M Book No. 3620/ B/ TW, to the petitioner in respect of above-mentioned work forthwith and pass such IA 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 may please to direct the respondents to release the withheld amounts as Rs. 1,66,228/-, Rs. 1,136,235/- & Rs.69,822/- with a Grand totaling of Rs.3,72,285/- vide M Book No. 3620/ B/ TW, to the petitioner in respect of works i.e.., 1.Construction of Addl.Class Rooms to Ashram High School (B) at Sivalingapuram (V) in Ananthagiri (M) of Visakhapatnam District, vide Cir. Agreement No. 251/2012-13/ DB/ Dt. 11.12.2012, 2.Construction of Addl.Class Rooms to T.W. Ashram High School (B) at Borra (V) in Anathagiri (M) of Visakhapatnam District, vide Cir.Agreement No. 252/ 2012-13/ DB/ Dt.l 1.12.2012 3.Construction of Addl.Class Rooms to T.W. Ashram High School (G) of Ananthagiri (V&M) of Visakhapatnam District, vide Cir. Agreement No. 253/ 2012-13/ DB/ Dt.ll.12.2012 , forthwith, pending disposal of the Writ Petition and pass such Counsel for the Petitioner: 3 1. MODAPOTHULA SUMALATHA Counsel for the Respondent(S): 1. GP FOR SOCIAL WELFARE 2. GP FOR FINANCE PLANNING 4 The Court made the following order: Learned counsel for the petitioner submits that the petitioner was entrusted with the works i.e., 1. Construction of Addl. Class Rooms to Ashram High School (B) at Sivalingapuram (V) in Ananthagiri (M) of Visakhapatnam District, vide Cir. Agreement No. 251/2012-13/ DB/2. 2) Construction of Addl. Class Rooms to T.W. Ashram High School Dt. 11.12.2012, (B) at Borra (V) in Ananthagiri (M) of Visakhapatnam District, vide Cir.Agreement No. 252/ 2012- 13/ DB/ Dt.11.12.2012, 3) Construction of Addl. Class Rooms to T.W. Ashram High School (G) of Ananthagiri (V&M) of Visakhapatnam District, vide Cir. Agreement No. 253/ 2012-13/ DB/ Dt.11.12.2012. 2. It is submitted that the petitioner had completed the works entrusted to him and that the competent authority of the respondents had also approved the payments due and payable to the petitioner. The respondents have also recorded the progress of the work and the amounts due and payable to the petitioner in the M-Book. 3. Heard the learned counsel for the petitioner and the learned Government Pleader for Social Welfare. 4. During the course of hearing, the learned Standing Counsel appearing for the respondent Corporation submits that the work has been completed and that the petitioner has also submitted the final bills and the amounts due and payable to the petitioner have been duly admitted. It is 5 submitted that further funds are awaited and that, soon after the release of the funds, the bills due and payable to the petitioner shall be cleared. 5. Recording the submissions, this writ petition is disposed of at the admission stage, directing the respondents to verify and release the payments due and payable to the petitioner as expeditiously as possible, preferably within a period of four (04) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ____________________ JUSTICE HARINATH.N 17.09.2026 RJS/GCD 6 HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 33444 of 2025 Dt: 17.09.2026 RJS/GCD 7 ____________________ JUSTICE HARINATH.N 17.09.2026 RJS/GCD 8