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2026 DAILYLAW 11782 (AP)

NALLABOTHULA NAGA BHUSHANA NAYUDU v. THE STATE OF AP

WP/1667/2026 · 2026-09-20

Venkateswarlu Nimmagadda

body2026

Judgment text

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APHC010024922026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE 21st DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 1667 OF 2026 Between: 1. NALLABOTHULA NAGA BHUSHANA NAYUDU, S/o. Nallabothula Appana, aged 54 years, Occ Contractor, R/o. H. No. 1-82, Peddavallampalli, Nallacheruvu Mandal, Ananthapuramu District. ...Petitioner AND 1. THE STATE OF AP, Represented by its Principal Secretary, Finance and Planning Department, Secretariat, Velagapudi, Guntur District. 2. The State of Andhra Pradesh, Represented by its Principal Secretary, Minority Welfare Department, Secretariat, Velagapudi, Guntur District. 3. The District Collector, Ananthapuramu District at Ananthapuramu. 4. The District Minority Welfare Officer, Ananthapuramu District at Ananthapuramu. 5. The Superintending Engineer, AP State Cooperative Rural Irrigation Corporation, Ananthapuramu, Ananthapuramu District. 6. The Executive Engineer, AP-State Cooperative Rural Irrigation Corporation Ananthapuramu, Ananthapuramu District 7. The AP State Cooperative Rural Irrigation Corporation, Vijayawada, Krishna District, Represented by its Managing Director. 2 ...Respondents 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 for action of the respondents in not releasing the final bill amount of Rs.2,17,834 along with interest to the petitioner in pursuance of the agreement entered into with the 6th respondent vide Agreement No. EE/RIC/AGRT/37/2018-19 dated 27.12.2018 as illegal, arbitrary, violation of principles of natural justice and uneonstitutional and consequently direct the respondents to release and pay the final bill amount of Rs.2,17,834 to the petitioner and to 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 release and pay the final bill amount of Rs.2,17,834/- to the petitioner for the work executed under the Agreement No. EE/RIC/AGRT/37/2018-19 dated 27.12.2018 along with interest forthwith and to pass Counsel for the Petitioner: RAMESH BABU TALLURI Counsel for the Respondents: GP FOR SOCIAL WELFARE Counsel for the Respondents:MALLIPUDI DHANA RAJU SC for APIDC Ltd. Counsel for the Respondents:GP FOR FINANCE PLANNING Counsel for the Respondents:K NARSI REDDY The Court made the following order: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 1667 OF 2026 ORDER: 1. The petitioner had been awarded the contract of work(s) under the subject scheme in Ananthapuram 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 admitted amount, 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 counsel for the respondents has placed on record the written instructions dated 17.06.2026, wherein it is stated that the work was sanctioned under the Scheme Grant in Aid and the work was executed by the APSCRIC Department as per the instructions of the District Collector, Ananthapuramu. The work was completed upto roof slab. CC bill 4 also submitted to the concerned Minority Officials. The respondents are waiting for budget allocation from the Minorities Welfare Department. 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 counsel for the respondents, this Writ Petition is disposed of, with a direction to the respondents to release the admitted amount of Rs.2,17,834/- to the petitioner, within a period of six(6) weeks. 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/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 admitted amount, within a period of six (6) weeks 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 5 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:21.09.2026 TPS 6 96 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 1667 OF 2026 Dated:21.09.2026 TPS