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2026 DAILYLAW 11735 (AP)

KOTTE KONDAIAH v. THE STATE OF ANDHRA PRADESH

WP/18784/2026 · 2026-09-18

Venkateswarlu Nimmagadda

body2026

Judgment text

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APHC010334822026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SATURDAY, THE 19th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 18784 OF 2026 Between: 1. KOTTE KONDAIAH, S/o. Venkateswarlu, Aged 62 Years, R/o. D.No. 8- 364, Mangamum Road, Ongole, Prakasam District. ...Petitioner AND 1. THE STATE OF ANDHRA PRADESH, Rep. by its Principal Secretary to Government, YAT and C (Sports and YS)Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Finance and Planning Department, Secretariat, Velagapudi, Amaravati, Guntur District. 3. Sports Authority of Andhra Pradesh, Represented by its Vice Chairman and Managing Director, Vijayawada, Krishna District. 4. The District Sports Authority, Rep by its District Collector and Chairman, Ongole, Prakasam District. 5. Project Director, A.P. State Housing Corporation Limited, Sankshema Complex, South Bypass Road, Ongole, Prakasam District. 6. The Executive Engineer, Construction Division, Ongole, Prakasam District. ...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 in the nature of WRIT OF MANDAMUS declaring the action of the respondents in not releasing the 2nd and final bill amount of Rs. 12,42,592/- for the works executed by the petitioner pursuant to the agreement dated 11.01.2019 for execution of Providing play fields with running track and completion of incomplete DR P. Anand D.S.A Mini Stadium at Ongole, Prakasam District as illegal, inegular, irrational, amounts to non-discharge of legal obligation conferred on them and offends Articles 14 and 21 of Constitution of India and consequently direct the respondents to pay an amount of Rs. 12,42,592/- along with interest 24 per annum for the delayed amount to the petitioner for the said works executed by the petitioner and pass IA NO: 1 OF 2026 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 amount of Rs.l2, 42,592/- along with interest 24% per annum for the delayed amount to the petitioner forthwith in respect of the work executed by the petitioner in pursuant to the agreement dated 11.01.2019 for execution of Providing play fields with running track and completion of incomplete DR P. Anand D.S.A Mini Stadium at Ongole, Prakasam District, pending disposal of the main writ petition and pass Counsel for the Petitioner: PANGULURU RACHANA Counsel for the Respondents: GP FOR SPORTS Counsel for the Respondents:MALLIKHARJUNA MOORTHY K (SC FOR A.P HOUSING CORPORATION LIMITED) 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: 18784 OF 2026 ORDER: 1. The petitioner had been awarded the contract of work(s) under the subject scheme in Prakasam District. After execution of the said contract, a final bill was prepared for a sum of Rs.12,42,592/- 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 aforesaid sum of money, 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 respondent- Corporation furnished written instructions dated 19.09.2026 submitted by the respondents, wherein, it is stated that the petitioner is entitled for an amount of Rs.13,76,013/-. But, the subject bill amount was not paid due a technical issue 4 and the bills are under process. Soon after completion of processing of bills, the amount as entitled by the petitioner will be paid to the petitioner. 5. In view of the facts and circumstances submitted in the affidavit, and the directions of this Court in various cases and after hearing the submissions of learned counsel for the petitioner, though the respondents admitted that balance amount to be paid to the petitioner is Rs.13,76,013/-, since the petitioner has putforth his claim for Rs.12,42,592/-, this Court cannot go beyond the relief claimed. 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. 7. Accordingly, the Writ Petition is disposed of, with a direction to the respondents to release an amount of Rs.12,42,592/- to the petitioner, within a period of three (03) months from the date of receipt of a copy of this order. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J Dated:19.09.2026 BSP 5 39 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 18784 OF 2026 Dated:19.09.2026 BSP