APHC010039522024 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: 2390 of 2024 Between: 1. PENUMASTA PADDA RAJU, S/O. KRISHNAMRAJU, AGED ABOUT 31 YEARS, R/O. H. NO. 2-180, SRINIVAS NAGAR, MERLAPALEM VILLAGE, ATREYAPURAM, MANDAL, DR BR AMBEDKAR KONASEEMA DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP BY ITS PRINCIPLE SECRETARY ROADS AND BUILDINGS (R AND B) DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, THULLUR MANDAL, 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, (R AND B) BHIMAVARAM, WEST GODAVARI DISTRICT. 4. THE CHIEF ENGINEER, (R AND B) DEPARTMENT, VIJAYAWADA, N.T.R., DISTRICT. 5. THE SUPERINTENDING ENGINEER, , (R AND B) R AND B CIRCLE, ELURU, ELURU DISTRICT. 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. 39,76,183/- vide M. Book No. 6833, even after finalizing the bills, payable to the petitioner in relation to the works i.e., (1) Urgent repairs to Bhimavaram - Dongapindi Road from Km 0.000 to 11.400 in West Godavari District, vide Agreement dated 21.09.2022, as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondent authorities to release Rs. 39,76,183/- for the pending final bills forthwith for the above said works executed by the petitioner and pass order or orders. 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: Order: This Writ Petition is filed under Article 226 of Constitution of India seeking the following relief: …… to declaring the action of the respondents in not releasing total payment of Rs. 39,76,183/- vide M. Book No. 6833, even after finalizing the bills, payable to the petitioner in relation to the works i.e., (1) Urgent repairs to Bhimavaram - Dongapindi Road from Km 0.000 to 11.400 in West Godavari District, vide Agreement dated 21.09.2022, as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondent authorities to release Rs. 39,76,183/- for the pending final bills forthwith for the above said works executed by the petitioner and pass order or orders. 2. The 6th respondent has filed the counter stating that the bill was not uploaded due to insufficient funds under the Head of Account 3054-04-105- 00-13-270-272 VN (SH Non Plan). Now, on receipt of budget, the bill amount due to the petitioner has been uploaded in NIDHI Module vide Token No.2025-9058002, dt.06.05.2025, for making payment. 3. The respondents have admitted in the written instructions that the petitioner has executed the work entrusted to him. 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/counter that they will pay the amount to the petitioner and they are unable to the pay due to “Bill waiting for fund clearance”, once the work executed by the petitioner to the respondents is admitted and the 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. 3. 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) 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, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed. ______________________________ TARLADA RAJASEKHARA RAO, J Date:02.02.2026 JAK 55 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHARA RAO WRIT PETITION NO: 2390 of 2024 Date:02.02.2026 JAK HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MAIN CASE No: W.P. No. 2390 of 2024 PROCEEDING SHEET Sl. No. DATE ORDER OFFICE NOTE 04. 02.02.2026 TRR, J I.A.No. 1 of 2025 Leave granted. W.P. No. 2390 of 2024 This Writ Petition is disposed of. (Vide Separate Order) ______ TRR, J JAK