APHC010193582024 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: 9825/2024 Between: 1. M/S SRI. RAMA LINGESWARA CONSTRUCTIONS, REPRESENTED BY ITS MANAGING PARTNER, P. MALLESWARA REDDY S/O NARAYANA REDDY, AGED ABOUT 50 YEARS, OCC- CONTRACTOR, 10-1-395/2, SURENDRA NAGAR, BADVEL, YSR KADAPA DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA APRADESH, REP. BY ITS PRINCIPAL SECRETARY, R AND B (N.H) DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE REGIONAL OFFICER, MINISTRY OF ROAD TRANSPORT 86 HIGHWAYS, REGIONAL OFFICE, VIJAYAWADA, DOOR NO.41-29-45A, 3RD AND 4TH FLOORS, MORTH/NHAI BUILDINGS, RANIGARITHOTA, NEAR KANAKADURGA VARADHI, KRISHNALANKA, VIJAYAWADA- 520013, KRISHNA DISTRICT. 3. THE CHIEF ENGINEER R AND B, NATIONAL HIGHWAYS AND CRFJ, ROOM NO.412, 4TH FLOOR, STATE NEW HODS BUILDING, MG ROAD, VIJAYAWADA, KRISHNA DISTRICT. 4. THE SUPERINTENDING ENGINEER R86B, N.H CIRCLE, ANANTAPURAMU. 5. THE EXECUTIVE ENGINEER R86B, N.H DIVISION, ANANTAPURAMU. 6. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, 2 SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR 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 OF MANDAMUS declaring the action of the Respondents herein, in withholding the payment of 1st and Part Bill, an amount of Rs.83,58,610/- even after finalizing the bill payable to the petitioner in relation to the work Flood Damage Repairs to Minor Bridge at Km 86/0 in newly declared NH-716G for restoration of traffic in Ananthapuramu District in the state of Andhra Pradesh (3rd call) as per the Agreement No.41/2022-23, dated 15.11.2022 as illegal, arbitrary and consequently direct the respondents to consider for payment of 1st and Part Bill, an amount of Rs.83,58,610/- with an interest at 24percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith and 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 may be pleased to DIRECT the respondents to consider for payment of 1st and Part Bill, an amount of Rs.83,58,610/- with an interest of 24% per annum for the delayed amount to the petitioner in respect of execution of work i.e., “Flood Damage Repairs to Minor Bridge at Km 86/0 in newly declared NH-716G for restoration of traffic in Ananthapuramu District in the state of Andhra Pradesh (3rdcall) as per the Agreement No.41/2022-23, dated: 15.11.2022., pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. SURESH KUMAR REDDY KALAVA Counsel for the Respondent(S): 1. GP FOR ROADS BUILDINGS 2. GP FOR FISHERIES 3. GP FOR FINANCE PLANNING The Court made the following: 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.9825 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 OF MANDAMUS declaring the action of the Respondents herein, in withholding the payment of 1st and Part Bill, an amount of Rs.83,58,610/- even after finalizing the bill payable to the petitioner in relation to the work „Flood Damage Repairs to Minor Bridge at Km 86/0 in newly declared NH-716G for restoration of traffic in Ananthapuramu District in the state of Andhra Pradesh (3rd call) as per the Agreement No.41/2022-23, dated 15.11.2022 as illegal, arbitrary and consequently direct the respondents to consider for payment of 1st and Part Bill, an amount of Rs.83,58,610/- with an interest at 24percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith and pass such other order or orders…” 2. Heard Sri Suresh Kumar Reddy Kalava, learned counsel for petitioner and learned Government Pleader for respondents. 3. Precisely, the writ petition is filed aggrieved by the action of the respondents in withholding an amount of Rs.83,58,610/- even after finalizing the bill payable to the petitioner in relation to the work „Flood Damage Repairs to Minor Bridge‟ at Km 86/0 in newly declared NH-716G for restoration of traffic in Ananthapuramu District in the State of Andhra Pradesh vide Agreement No.41/2022-23, dated 15.11.2022. 4. Respondent No.5 addressed written instructions dated 22.01.2026 to the learned Government Pleader Office, (forms part of the record), wherein it 4 is asserted that final bill was prepared for gross amount of Rs.98,56,706/- with a net payable amount of Rs.90,83,286/- and the same was duly passed. It is further asserted that after receipt of the requisite budget allocation, the pending amount shall be released to the 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. When this Court specifically posed a question to the learned counsel for petitioner, with regard to maintainability of writ petition, learned counsel relied on ABL International Ltd and another v. Export Credit Guarantee Corporation of India Ltd., and others1 wherein at paragraph No.27 it is held that (a) a writ petition against a State or an instrumentality of a State arising out of a contractual obligation is maintainable. (b) Merely because some disputed questions of fact arise for consideration, same cannot be a ground to refuse to entertain a writ petition in all cases as a matter of rule. (c) A writ petition involving a consequential relief of monetary claim is also maintainable. 1 (2004) 3 SCC 553 5 7. 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. 8. In The D.F.O., South Kheri And Ors. vs Ram Sanehi Singh2, 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. 9. In view of the above, the present Writ Petition is disposed of with following directions: 2 (1971) 3 SCC 864 6 (a) The respondents are directed to clear the entire due amount to the petitioner within a period of three (03) months 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. 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 7 69 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.9825 of 2024 Date: 27.01.2026 KBN