APHC010049112026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] THURSDAY,THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 3140/2026 Between: 1. VAJRAPU SRINIVASA RAO, S/O. RAMARAO, AGED 59 YEARS, OCC CONTRACTOR, R/O. D.NO. 9-3-68, KATHULAGUDEM STREET, PITHAPURAM, EAST GODAVARI DISTRICT. 533450 ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF ROADS AND BUILDINGS, SECRETARIAT, VELAGAPUDI, AMARAVATHI.522238 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT, VELAGAPUDI, AMARAVATHI.522238 3. THE EXECUTIVE ENGINEER, RAND B DEPARTMENT, COURT COMPOUND, KAKINADA, KAKINADA DISTRICT. 533001 4. THE ASST PAY AND ACCOUNTS OFFICER, WORKS ACCOUNTS, FINANCE BHAVAN, COURT COMPOUND, KAKINADA, KAKINADA DISTRICT.533001 ...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 that this WRIT OF MANDAMUS declaring the action of the 2 respondents, in not releasing EMD St FSD withheld amount of Rs.3,49,384/- (Rupees Three Lakh Forty Nine Thousand Three Hundred and Eighty Four only) (Rs. 77,101/- 41,623/- 2,30,660/-)which was deducted by the respondents at the time of releasing of bill payments towards execution of works namely i. Urgent repairs to Pithapuram to B Kothuru via Narsingapuram, Gokivada from Km 0.000 to 9.630 in East Godavari District ii. Emergency repairs to Pithapuram Konapapeta road from Km 17/0 to 18/665 in East Godavari District iii. Repairs and renovations by providing furniture to RandB inspector bungalow at Pithapuram in East Godavari District which is illegal, irregular, arbitrary and violative of Article 14, 21 and 300-A of the Constitution of India and also violative of the principles of natural justice, consequently direct the respondents to forthwith release the EMD and FSD payment of Rs.3,49,384/- (Rupees Three Lakh Forty Nine Thousand Three Hundred and Eighty Four only) , due to the petitioner in respect of the aforementioned works with interest @18percentage and to 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 direct the respondents to forthwith release the EMD and FSD amount of Rs.3,49,384/- (Rupees Three Lakh Forty- Nine Thousand Three Hundred and Eighty Four only) (Rs. 77,101/- 41,623/- 2,30,660/-) which was deducted by the respondents at the time of releasing of bill payments towards execution of works namely i. Urgent repairs to Pithapuram to B Kothuru via Narsingapuram, Gokivada from Km 0.000 to 9.630 in East Godavari District ii. Emergency repairs to Pithapuram Konapapeta road from Km 17/0 to 18/665 in East Godavari District iii. Repairs and renovations by providing furniture to R86B inspector bungalow at Pithapuram in East Godavari District, pending disposal of the main writ petition and pass Counsel for the Petitioner: 1. P VIVEK Counsel for the Respondent(S): 1. GP FOR ROADS BUILDINGS 2. GP FOR FINANCE PLANNING The Court made the following: 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.3140 OF 2026 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 declaring the action of the respondents, in not releasing EMD & FSD withheld amount of Rs.3,49,384/- (Rupees Three Lakh Forty Nine Thousand Three Hundred and Eighty Four only) (Rs.77,101/- + 41,623/- + 2,30,660/-) which was deducted by the respondents at the time of releasing of bill payments towards execution of works namely i. Urgent repairs to Pithapuram to B Kothuru via Narsingapuram, Gokivada from Km 0.000 to 9.630 in East Godavari District ii. Emergency repairs to Pithapuram Konapapeta road from Km 17/0 to 18/665 in East Godavari District iii. Repairs and renovations by providing furniture to R & B inspector bungalow at Pithapuram in East Godavari District which is illegal, irregular, arbitrary and violative of Article 14, 21 and 300-A of the Constitution of India and also violative of the principles of natural justice, consequently direct the respondents to forthwith release the EMD & FSD payment of Rs.3,49,384/- (Rupees Three Lakh Forty Nine Thousand Three Hundred and Eighty Four only) , due to the petitioner in respect of the aforementioned works with interest @ 18 percentage and to pass such other order or orders…” 2. Heard Sri P.Vivek, learned counsel for petitioner and learned Government Pleader for respondents. 3. The present writ petition is filed aggrieved by the action of the respondents in withholding EMD and FSD amount of Rs.3,46,384/-, which was deducted by the respondents at the time of releasing of bill payments to the petitioner. 4 4. Learned Government Pleader for Roads and Buildings furnished written instructions dated 31.01.2026 (forms part of record) addressed by the Executive Engineer, (R&B) Division, Kakinada, wherein it is admitted that the petitioner has completed the work long back i.e., during 2015-16 to 2017-18 and final bills were paid in BMS modules and the refund of EMD and FSD bill are to be paid after completion of the defect liability period of two years from the date of completion of the respective work. Subsequently, there were many changes made in the payment system by introduction of CFMS Phase I, later on Phase II and now NIDHI module. Due to which, the finalization of the refund of EMD and FSD to the petitioner got delayed and necessary positive efforts are being taken by this division to finalize the pending amounts due to petitioner. 5. Insofar as the interest component, the respondents contended that the petitioner should approach the appropriate forum, relying on the order of the Division Bench in W.A.791 of 2022 dated 26.04.2022. The Division Bench affirmed the Single Judge’s order, directing the petitioner to seek relief regarding interest from the appropriate forum. In a catena of cases this Court had held that where dispute revolves round questions of fact, the matter ought not be entertained under Article 226 of the Constitution of India. 6. 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 EMD and FSD 5 amount to the petitioner. 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 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. 7. 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 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. 8. In view of the above, the present Writ Petition is disposed of with following directions: (a) The respondents are directed to release the EMD and FSD payment of Rs.3,49,384/- (Rupees Three Lakh Forty Nine Thousand 1 (1971) 3 SCC 864 6 Three Hundred and Eighty Four only) to the petitioner within a period of four (04) weeks from the date of receipt of a copy of this order. (b) With regard to interest, the petitioner is at liberty to approach appropriate forum. (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: 19.02.2026 KBN 7 80 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.3140 of 2026 Date: 20.02.2026 KBN