APHC010032992024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] TUESDAY,THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 1892/2024 Between: 1. ARK CONSTRUCTIONS, MP N.V. RAMAKRISHNA REDDY, S/O. SURYANARAYANA REDDY, AGED 36 YEARS, OCC CONTRACTOR, R/O. D.NO.6-86/1, SATYA SAI COLLAGE ROAD, RAVULAPALEM, EAST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP BY ITS PRINCIPLE SECRETARY ROADS AND BUILDINGS (RAND B) DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, THULLURMANDAL, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, THULLUR MANDAL, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, (RAND B) BHIMAVARAM,WEST GODAVARIDISTRICT. 4. THE CHIEF ENGINEER RAND B DEPARTMENT, VIJAYAWADA, N.T.R., DISTRICT. 5. THE SUPERINTENDING ENGINEER, R AND B CIRCLE, ELURU, ELURU DISTRICT. 2 6. THE EXECUTIVE ENGINEER, (R AND B), (R AND B) DIVISION, BHIMAVARAM, WEST GODAVARI DISTRICT. ...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 or any other appropriate writ or direction declaring the action of the respondents in not releasing total payment of Rs. 35,25,774/- vide M. Book No. 243, even after finalizing the bills, payable to the petitioner in relation to the works i.e., (1) Urgent repairs to Tanuku - Bhimavaram road (SH243) from Km 3.600 to 3.800 in West Godavari District, vide Agreement No. 99/2022-23, as illegal. arbitrary and violative of Art 14 and 21 of Constitution of India and eonsequently direct the respondent authorities to release Rs. 35,25,774/- for the pending final bills forthwith for the above said works executed by the petitioner and to pass IA NO: 1 OF 2024 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 direet the respondents to consider for payment of amount of Rs. 35,25,774/- vide M. Book No. 243, even after finalizing the bills, payable to the petitioner in relation to the works forthwith, pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. ANNAMNEEDI BALAKRISHNA Counsel for the Respondent(S): 1. GP FOR ROADS BUILDINGS (AP) 2. GP FOR FINANCE PLANNING (AP) The Court made the following: 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.1892 OF 2024 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue a writ, order, or direction more particularly one in the nature of WRIT OF MANDAMUS or any other appropriate writ or direction declaring the action of the respondents in not releasing total payment of Rs.35,25,774/- vide M.Book No.243, even after finalizing the bills, payable to the petitioner in relation to the works i.e., (1) urgent repairs to Tanuku-Bhimavaram road (SH243) from Km 3.600 to 3.800 in West Godavari District, vide Agreement No.99/2022-23, as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondent authorities to release Rs.35,25,774/- for the pending final bills forthwith for the above said works executed by the petitioner and to pass such other order or orders…” 2. Heard Sri Annamneedi Balakrishna, learned counsel for petitioner and learned Government Pleader for respondents. 3. Precisely, the writ petition is filed challenging the action of the respondents in not releasing total payment of Rs.35,25,774/- vide M.Book No.243, even after finalizing the bills, payable to the petitioner in relation to the works i.e., urgent repairs to Tanuku-Bhimavaram road (SH243) from Km 3.600 to 3.800 in West Godavari District, vide Agreement No.99/2022-23. 4. Learned Government Pleader for respondents furnished written instructions dated 23.01.2026, (forms part of record), wherein it is asserted that the LS 1st and final bill for the work ‘urgent Repairs to Tanuku- Bhimavaram road (SH243) from Km.3.600 to 3.800 in West Godavari District, 4 Est.Rs.35.00 Lakhs’ for Rs. 35,25,774/- (Gross amount) and Rs.32,36,850/- (net amount) was transmitted to the Pay & Accounts Officer, Works Accounts, Eluru vide Bill No.2024-9021368 and approved. The bill was returned to DDO for year end activity for the financial year 2024-25. It is further asserted after receipt of budget for the financial year 2025-26, bill was generated in NIDHI portal vide bill Token No.2025-9058089 vide Rs.35,25,774/-(Gross Amount) and Rs.32,36,850/- (net amount) and transmitted to Pay and Accounts Officer(WA), Eluru on 27.04.2025. The same bill was approved by the Pay and Accounts Officer(WA), Eluru on 08.05.2025 and now, the bill status is ‘bill awaiting for Fund clearance’. 5. 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 written instructions that they will pay the amount to the petitioner. Once the work executed by the petitioner to the respondents is admitted, the payment due to the petitioner is not disputed by the respondents, there was hardly any 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. 6. In The D.F.O., South Kheri And Ors. vs Ram Sanehi Singh1, the Hon’ble Apex Court held that when a State decides not to pay the dues with 1 (1971) 3 SCC 864 5 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, 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. 7. In view of the above, the present Writ Petition is disposed of with following directions: (a) The respondents are directed to clear the due amount to the petitioner within a period of six (06) 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/interface with the respondents. (c) There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 27.01.2026 KBN 6 81 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.1892 of 2024 Date: 27.01.2026 KBN