Extracted from the PDF above. The PDF is authoritative.
APHC010494992025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
WEDNESDAY, THE 23rd DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 25353 OF 2025 Between:
1. B N MADHU, S/o. B.N. Moorthy, Bacchalaih Palyam, Neelakantapuram Post, Madakasira, Anantapur. ...Petitioner AND
1. THE STATE OF ANDHRA PRADESH, Rep. by its Principal Secretary, Finance Department, Secretariat, Velagapudi, Amaravathi, Guntur District
2. The Andhra Pradesh Education and Welfare Infrastructure Development Corporation, Rep. by its managing Director, D.No. 7-96, Sri Sai Fortune Heights, Vaddeswaram, Tadepalli-522502
3. The District Collector, Anantapur District, Andhra Pradesh. 4. The Chief Planning Officer, APEWIDC, Anantapur
5. The Executive Engineer, APEWIDC, Anantapur
6. The Deputy Executive Engineer, APEWIDC, Hindupur. 7. The Assistant Engineer, APEWIDC, Hindupur
8. Ministry of Statistics and Programme Implementation, Rep. by its Secretary, Room No.-204, Khurshid Lai Bhawan, Janpath, New Delhi, 110001 ...Respondents
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 a Writ, Order, or Direction, more particularly one in the nature of Writ of Mandamus, declaring the inaction and delay on the part of the Respondents in releasing the bill amounts for the following works. Construction of Community Hall at Neelakanteswara Swamy Temple Premisesand Construction of Community Hall behind Saraswati Temple for total Rs-25,47,198 /-, (Twenty Five Lakhs Fourty Seven Thousand One Hundred Ninety Eight Rupees), as illegal, arbitrary, and violative of Articles 14 and 21 of the Constitution of India, and consequently direct the Respondents to release the said amounts forthwith, in the interest of justice and equity. 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 pleased to direct the Respondents to pay the bills amount to the Petitioner covered by the works under Construction of Community Hall at Neelakanteswara Swamy Temple Premises for
Rs. 8,76,814/- ,andConstruction of Community Hall behind Saraswati Temple for total Rs- 25,47,198 /-, (Twenty Five Lakhs Fourty Seven Thousand One Hundred Ninety Eight Rupees), forthwith pending disposal of the writ petition in the interest of justice.
Counsel for the Petitioner: P MADHUKAR REDDY Counsel for the Respondents: V CH NAIDU Counsel for the Respondents:GP FOR REVENUE Counsel for the Respondents:GP FOR FINANCE PLANNING The Court made the following order:
3
THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 25353 OF 2025
ORDER:
1. The petitioner had been awarded the contract of work(s) under the subject scheme in Anantapur District. After execution of the said contract, a final bill was prepared 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 the net amount of Rs.21,03,712/- (after statutory deductions from the gross amount of Rs.23,38,237/-), 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 has placed on record the written instructions dated 25.11.2025 issued by respondent No.5, wherein it is stated that the 1st bill - gross amount is Rs.5,13,758/-, statutory deductions is Rs.80,394/- and after the statutory deductions the net amount to be payable to
4
the petitioner is Rs.4,33,364/- and the 2nd bill - gross amount is Rs.18,24,479/- , statutory deductions is Rs.1,54,131/- and after the statutory deductions the net amount to be payable to the petitioner is Rs.16,70,348/-. In total the net amount to be payable to the petitioner is Rs.21,03,712/-. It is further stated that funds yet to be received from the Deputy Director MPLADS Division (MOSPI) GOI New Delhi.
5. In view of the aforesaid directions of this Court in various cases and after hearing the submissions of learned counsel for the petitioner and the learned Standing Counsel for the respondents, this Writ Petition is disposed of, with a direction to the respondents to release the net amount of Rs.21,03,712/- to the petitioner, within a period of three (3) 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. However, the Petitioner is entitled for interest component as per the terms of Agreement if permits and also in the case of delayed payments, as per the ratio laid down by the Division Bench of this Court in W.A.No.724 of 2021. Therefore, the respondents are hereby directed to pay the net amount, within a period of
5
three (3) 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 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) weeks, thereafter.
7. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J Dated:23.09.2026 TPS
6
73 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 25353 OF 2025
Dated:23.09.2026 TPS