APHC010215362026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] FRIDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 11081/2026 Between: 1. MPR CONSTRUCTIONS, REP. BY ITS , MANAGING DIRECTOR M.PRASAD REDDY, S/O. M. RAMACHANDRA REDDY AGE 52 YEARS, OCC CONTRACTOR, R/O. D.NO. 4-271, MUDDANUR ROAD, VILLAGE AND MANDAL, YSR KADAPA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS , PRINCIPAL SECRETARY, HIGHER EDUCATION DEPARTMENT, A.P. SECRETARIAT BUILDING VELAGAPUDI, GUNTUR DISTRICT.522 238. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS , PRINCIPAL SECRETARY FINANCE AND PLANNING DEPARTMENT A.P. SECRETARIAT BUILDING, VELAGAPUDI, GUNTUR DISTRICT.522 238. 3. THE NATIONAL BANK FOR AGRICULTURE AND RURAL DEVELOPMENT, REPRESENTED BY ITS CHAIRMAN, PLOT NO. C, 2ND FLOOR, D.WING C 24, G-BLOCK, 24 BANDRAKURLA COMPLEX ROAD, EAST MUMBAI, STATE OF MAHARASHTRA.400 077 4. THE NATIONAL BANK FOR AGRICULTURE AND RURAL DEVELOPMENT, REPRESENTED BY ITS CHIEF GENERAL MANAGER, MG ROAD, GOVERNORPET, VIJAYAWADA. NTR DISTRICT.520 002 5. THE MANAGING DIRECTOR, APEWIDC, VADDESWARAM VILLAGE, TADEPALLI, GUNTUR DISTRICT.522 501 2 6. THE SUPERINTENDENT ENGINEER, APEWIDC, KADAPA, YSR KADAPA DISTRICT.516001 7. THE EXECUTIVE ENGINEER, A P STATE EDUCATION WELFARE INFRASTRUCTURE DEVELOPMENT CORPORATION APEWIDC KADAPA YSR KADAPA DISTRICT. 8. THE DISTRICT COLLECTOR, KADAPA, KADAPA DISTRICT.520 001 ...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 to issue a Writ, Order or Direction more particularly one in the nature of Writ of MANDAMUS declaring the action of the respondents in not releasing the admitted final bills to the petitioner for the work pertaining to providing additional infrastructure to ZP High School at Simhadripuram (V and M) in YSR Kadapa District - under NABARD RIDF - XXV,for an amount of Rs. 53,11,453/-even after the entries recorded in M-Book is illegal, arbitrary, malafide, high-handed, and contrary to the procedure established by law apart from being voilative of Articles 14 and 19 (1) (g) of the Constitution of India and consequentially direct the respondents to release the admitted final bill amounts of Rs. 53,11,453/- along with interest forthwith in the interest of justice 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 to direct the respondents to pay the admitted final bill amounts to the petitioner for the work pertaining to providing additional infrastructure to ZP High School at Simhadripuram (V & M) in YSR Kadapa District - under NABARD RIDF - XXV for an amount of Rs. 53,11,453/-pending disposal of the Writ petition and to pass Counsel for the Petitioner: 1. NAVULURU KRISHNA SAI Counsel for the Respondent(S): 1. GP FOR HIGHER EDUCATION 2. GP FOR FINANCE PLANNING The Court made the following: 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 11081 of 2026 ORDER:- The instant writ petition has been filed by the petitioner under Article 226 of Constitution of India seeking the following main prayer: “….to issue a Writ, Order or Direction more particularly one in the nature of Writ of MANDAMUS declaring the action of the respondents in not releasing the admitted final bills to the petitioner for the work pertaining to providing additional infrastructure to ZP High School at Simhadripuram (V and M) in YSR Kadapa District - under NABARD RIDF - XXV,for an amount of Rs. 53,11,453/-even after the entries recorded in M-Book is illegal, arbitrary, malafide, high-handed, and contrary to the procedure established by law apart from being voilative of Articles 14 and 19 (1) (g) of the Constitution of India and consequentially direct the respondents to release the admitted final bill amounts of Rs. 53,11,453/- along with interest forthwith in the interest of justice and pass….” 2. The sum and substance of the writ petition is that the petitioner challenged the inaction of the respondents in not releasing the amounts even after completion of the entire works entrusted to him. 3. Heard learned counsel for the petitioner and Sri L.Radha Krishna, counsel representing Sri V.C.H. Naidu, learned Standing Counsel for APEWIDC/respondent Nos.3 to 6. 4. Learned counsel for the petitioner, while reiterating the averments made in the writ affidavit, submits that in view of the non-release of the admitted amounts, the petitioner is facing multifarious problems, physically and fiscally. Hence, he submits that the release of the amounts is just and essential. 4 5. On the other hand, learned Standing Counsel for the respondent Corporation, places a copy of the written instructions dated 23.04.2026 issued by the concerned authority of the Corporation and submits that six months’ time may be granted for paying the admitted amount of Rs.53,11,452/- to the petitioner. 6. Since it is not in dispute that the petitioner completed the works and has yet to receive payment, this Court finds the respondents’ failure to pay is unjustified. However, taking into consideration of the ground realities to settle the admitted amounts, the respondents are granted rational time to settle the dues. 7. Recently the Hon’ble Supreme Court of India held in Utkal Highways Engineers and Contractor Vs Chief General Manager and Others1, in vivid terms categorically in the following manner. “8. Be that as it may, the High Court has not dealt with the merits of the writ petition. Moreover, it is not an inviolable rule that no money claim can be adjudicated upon in exercise of writ jurisdiction…..” 8. It is apt to note that a mere financial incapacity/poor financial conditions, as stated by the respondent Corporation, for non-releasing of amounts after utilising the services of the petitioner, cannot be a ground. 1 (2025) SCC Online SC 1400 5 9. In view of the above stated legal position, the respondent Corporation, being the instrumentality of the ‘State’ within the meaning of Article 12 of the Constitution of India, is bound to release the amount for the undisputed works done by the petitioner, without any further delay. A mere financial incapacity or paucity of funds cannot be a valid defence for non-fulfilment of such statutory obligations, more particularly, when the works executed by the petitioner are admitted by the respondent Corporation. 10. So far as the interest portion is concerned, the Hon’ble Division Bench of this Court in the case of Managing Director & Ors. Vs. Sree Balaji Constructions & Ors. (Writ Appeal No.60 of 2025) held that the award of interest on delayed payments was unsustainable in the absence of specific terms and conditions of the relevant agreement between the parties, but in the instant case, the learned counsel for the petitioner has not touched on the said point. However, the Hon’ble Division Bench in similar circumstances made it clear that the parties are at liberty to pursue their claims before an appropriate forum in accordance with the Law. 11. In the light of the above legal position, coupled with the fact that the liability for the undisputed works was admitted by the respondents, the writ petition is disposed of with a direction to the respondents to release the amount payable to the petitioner, within a period of six (06) months, from the date of receipt of copy of this order. It is needless to say that the petitioner is at liberty to approach the appropriate civil court with regard to interest, if so advised. 6 There shall be no order as to costs. Miscellaneous petitions pending, if any, shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 24.04.2026 RMR 7 65 THE HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No.11081 of 2026 Date: 24.04.2026 RMR