APHC010025732025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] MONDAY, THE SECOND DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.1439 of 2025 Between: 1. M/S SBR AND CO. CONSTRUCTIONS, REP. BY ITS PROPRIETOR SRI YEDDALA BALAKRISHNA REDDY S/O. YEDDALA SUBBARAYULU REDDY, 38 YEARS, CONTRACTOR, D.NO. 26/3/6-64, RAJA STREET, KANUPARTHIPADU, A.K NAGAR POST, S.P.S.R NELLORE DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF ROADS AND BUILDINGS, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDRA PRADESH, REP BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FINANCE AND PLANNING SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 3. THE CHIEF ENGINEER ROADS AND BUILDINGS, STATE HIGHWAYS AND MANAGING DIRECTOR AP ROAD DEVELOPMENT CORPORATION , ROOM NO.502,5TH FLOOR,STATE BUILDING, M.G ROAD , LOBBIPET, VIJAYAWADA -520010. 4. THE DISTRICT COLLECTOR, TIRUPATI DISTRICT. 5. THE SUPERTENDING ENGINEER, ROADS AND BUILDINGS CIRCLE , SPSR NELLORE DISTRICT. 6. THE EXECUTIVE ENGINEER, ( ROADS AND BUILDINGS ) GUDUR DIVISION, TIRUPATI DISTRICT. ...RESPONDENT(S): 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 to issue an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of Respondents in not releasing of the bill amounts admittedly due to the petitioner despite successful completion of works as per the details mentioned pursuant to the works Repairs to Gudur - Thurimerla road from Km.11/6 to 15/0 in Tirupti district (Combined SPSR Nellore district.) ,towards M Book No.2372 AG/N vide Agreement no.80/2022- 23 Supplemental Agreement no.121/2022-23 dated 09.02.2023 for an amount for an amount of Rs.31.64,007/- (thirty one lakh sixty four thousand and seven rupees only) together with interest @ 18percent per annum in respect of work as bad, illegal and void and set aside the same and be pleased. Counsel for the Petitioner: 1. AKKEM SRIHARIVIRAT Counsel for the Respondent(S): 1. GP FOR ROADS BUILDINGS 2. GP FOR FINANCE PLANNING The Court made the following: 3 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India for the following relief: "……to issue an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of Respondents in not releasing of the bill amounts admittedly due to the petitioner despite successful completion of works as per the details mentioned pursuant to the works Repairs to Gudur - Thurimerla road from Km.11/6 to 15/0 in Tirupti district (Combined SPSR Nellore district.), towards M Book No.2372 AG/N vide Agreement no.80/2022-23 Supplemental Agreement no.121/2022-23 dated 09.02.2023 for an amount for an amount of Rs.31.64,007/- (thirty one lakh sixty four thousand and seven rupees only) together with interest @ 18percent per annum in respect of work as bad, illegal and void and set aside the same and be pleased and pass such other orders……" 2. The 6th respondent-Executive Engineer has filed counter and it is stated that the 6th respondent is unable to upload the bills for want of budget in the corresponding Head of Account and he is taking steps and he has initiated the process for allocation of budget to the said Head of Account for uploading the bills and it is further stated that once the budget is released by the 2nd respondent – Finance Department, the admitted bills will be uploaded on priority for payment to the petitioner herein. 3. In the present case, the respondents have not disputed the payment due to the petitioner for the work executed and the respondents have manifested in their counter that they will pay the amount to the petitioner soon after allocation of budget. Once the work executed by the petitioner to the respondents is admitted and the 4 payment due to the petitioner is not disputed by the respondents, there was hardly no need for this Court to refer the matter to any forum or for arbitration for passing an arbitral award assuming that any condition in the agreement to that extent. Hence, this Court directs the respondents to pay the admitted amount to the petitioner. 4. In The D.F.O., Sough Kheri And Ors. Vs. Ram Sanehi Singh reported in (1971) 3 SCC 864, the Hon’ble Apex Court held that when a State decides not to pay the dues with mala fide, with ulterior motives or arbitrarily or when the State avoids payment of the dues with mala fide, with ulterior motives, arbitrarily or when the State discriminates, while making payment dues, such a decision of the State not to pay or such an act of the State of not paying its dues cannot be said to be wholly beyond the reach of Article 226 of the Constitution of India, for asking the writ Court to do is to force the State to act in accordance with its constitutional obligation by adhering to the letter and spirit of Articles 14 and 21 of the Constitution of India. 5. In view of the above, the present Writ Petition is disposed of with the following directions: (a) The respondents are directed to clear the due amount to the petitioner within a period of six (6) weeks from the date of receipt of a copy of this order. (b) Sum due to the petitioner would mean, the sum arrived after statutory deductions. If there is any dispute regarding statutory recoveries, the petitioner is at liberty to communicate/interfere with the respondents. 5 (c) With regard to interest, the petitioner is at liberty to approach appropriate forum. There shall be no order as to costs. As a sequel thereto, Interlocutory Applications pending, if any, shall stand closed. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 02.02.2026 siva 6 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.1439 of 2025 Date: 02.02.2026 siva