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2026 DAILYLAW 11831 (AP)

SR EDIFICE PVT LTD v. The State of Andhra Pradesh

WP/3026/2026 · 2026-09-20

Venkateswarlu Nimmagadda

body2026

Judgment text

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APHC010002472026 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: 3026 OF 2026 Between: 1. SR EDIFICE PVT LTD, Rep, by its director Sri. Kuchipudi Siva Kumar, S/o Sri Krishnamurthy Kuchipudi, Aged 60 Years, R/o S 4 Mansion, Plot no. 98, 6th Road, Bypass Road, Kondapaneni Township, Mangalagiri, Guntur District, A.P. Pin. 522503. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Finance and Planning, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District, A.P. Pin. 522238. 2. The State of Andhra Pradesh, Rep., by its Principal Secretary, Department of School Education, Secretariat Buildings, Velagapudi, Amaravati, Guntur District, A.P. Pin. 522238. 3. The State of Andhra Pradesh, Rep., by its Principal Secretary, Department of Social Welfare, Secretariat Buildings, Velagapudi, Amaravati, Guntur District, A.P. Pin. 522238. 4. The National Bank for Agriculture and Rural Development, Rep. by its.. The Chairman, Off Plot No. C, 2nd Floor, 'D' Wing C-24, 'G' Block, 24, Bandra Kurla Complex Rd, G Block BKC, Bandra East, Mumbai, State of Maharashtra. Pin. 400051. 2 5. The National Bank for Agriculture and Rural Development, Rep. by its., The Chief General Manager, Off. Stalin Central, 5th Floor, D.No. 27-37-158, M.G.Road, Governor pet, Vijayawada, A.P. Pin. 520002. 6. The Andhra Pradesh Social Welfare Residential Educational Institutes Society, Rep. by its.. The Secretary, Office of APSWREIS, D.no. 12-467-9, Moksha Sai Plaza Tadepalli, Guntur District, A.P. Pin. 522501. 7. The Managing Director, A.P.E.W.I.D.C, Vaddeswaram, Tadepalli, Guntur District, A.P. Pin. 522302. 8. The Chief Engineer, A.P.E.W.I.D.C, Vaddeswaram, Tadepalli, Guntur District, A.P. Pin. 522302. 9. The Superintending Engineer, A.P.E.W.I.D.C., Guntur District, A.P. Pin. 522004. 10. The Executive Engineer, A.P.E.W.I.D.C., Guntur District, A.P. Pin. 522004. 11. The Executive Engineer, A.P.E.W.I.D.C., Palnadu District, A.P. Pin. 522601. ...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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents no. 1 to 11 in withholding the payment of amount Rs. 6,82,00,610/- even after finalizing the bills, payable to the petitioner in relation to the work i.e., Construction of new APSWRS Complex at Edlapadu (V) and (M), in Guntur District, vide Circle Agreement No. 197/2016-17, dt.01.03.2017, for an amount of Rs. 6,82,00,610/- is waiting for fund clearance with respondents no. 1 to 11 as illegal, arbitrary and violative of Article 14, 19 and 21 of the Constitution of India and consequently direct the 3 respondents no. 1 to 11 to forthwith consider for payment of the cumulative total amount of Rs. 6,82,00,610/- with interest @ 24 percentage per annum for the delayed amount to the petitioner in respect of execution of above- mentioned works forthwith in terms of Agreement for Construction of new APSWRS Complex at Edlapadu (V) and (M), in Guntur District, 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 no. 1 to 11 to forthwith consider for payment of the cumulative total amount of Rs. 6,82,00,610/-with interest @24% per annum for the delayed amount to the petitioner in respect of execution of above-mentioned works forthwith in terms of Agreement for "Construction of new APSWRS Complex at Edlapadu (V) & (M), in Guntur District”, vide Circle Agreement No. 197/2016-17, dt.01.03.2017and pass Counsel for the Petitioner: SHAIK AFZAL MOHAMMED Counsel for the Respondents: V CH NAIDU Counsel for the Respondents:RAVI KUMAR PONAKAMPALLI Counsel for the Respondents:GP FOR SCHOOL EDUCATION Counsel for the Respondents:GP FOR SOCIAL WELFARE Counsel for the Respondents:GP FOR FINANCE PLANNING The Court made the following order: 4 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 3026 OF 2026 ORDER: 1. The petitioner had been awarded the contract of work(s) under the subject scheme in Palnadu 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 Standing Counsel has placed on record the written instructions dated 07.07.2026 issued by respondent No.10, wherein the respondents admitted that an amount of Rs.6,82,00,610/- is to be paid to the petitioner. It is further stated that LOC released for Rs.721.57 Lakhs vide Lr.Rc.No.APSWRE/1981463/2025, dated 27.05.2025. 5 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, this Writ Petition is disposed of, with a direction to the respondents to release the admitted amount of Rs.6,82,00,610/- to the petitioner, within a period of six(6) 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 admitted amount, within a period of six (6) 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 6 opportunity of hearing to both parties in case of rejection or reduction of interest amount claimed by the petitioner, within a period of six (06) weeks, thereafter. 7. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J Dated:21.09.2026 TPS 7 97 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 3026 OF 2026 Dated:21.09.2026 TPS