APHC010215732024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] FRIDAY, THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.10901 of 2024 Between: 1. M/S. R. V. CONSTRUCTIONS,, HAVING ITS REGISTERED OFFICE AT, D. NO. 11-9-26, RAMIREDDYPET, NARASARAOPET, PALANADU DISTRICT-522601 REP. BY ITS AUTHORIZED SIGNATORY, AKKALA SURESH REDDY. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, ROADS AND BUILDINGS DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE ENGINEERINCHIEF, ROADS AND BUILDINGS DEPARTMENT, OPPOSITE INDIRA GANDHI MUNCIPAL STADIUM, MG ROAD, VIJAYAWADA, KRISHNA DISTRICT. 4. THE COLLECTOR AND DISTRICT MAGISTRATE, BAPATIA DISTRICT, BAPATLA. 5. THE EXECUTIVE ENGINEER, R AND B DIVISION, BAPATLA, BAPATLA DISTRICT. 6. THE PAY AND ACCOUNTS OFFICER, DEPARTMENT OF WORKS AND ACCOUNTS, NARASARAOPET, 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 order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in withholding the payment of Rs.55,14,329/- (Rupees 2 Fifty-Five Lakhs Fourteen Thousand Three Hundred and Twenty-Nine Only), i.e., ((1) Rs. 47,86,056/- (Rupees Forty-Seven Lakhs Eighty-Six Thousand and Fifty-Six only) for the work done pertaining to Urgent Repairs to Low level Bridge to in km 9/0 of Santhamaguluru to meet C.K.N road in Bapatia District (2nd Call) of Estimate Amount Rs. 44.00 Lakhs, (2) Rs. 3,68,673/- (Rupees Three Lakhs Sixty-Eight Thousand Six Hundred and Seventy-Three only) for the work done pertaining to Reconstruction of pipe culvert with one row of 1000 mm dia NP-4 class RCC Hume pipes at km 6/6 of Ballikuruva - NH5 road in Prakasam district of Estimate Amount Rs. 3.90 Lakhs and (3) Rs. 3,59,600/- (Rupees Three Lakhs Fifty-Nine Thousand Six Hundred only) for the work done pertaining to Reconstruction of Pipe culvert with 1 Row of 1000 mm dia NP-4 class RCC Hume pipes at km 1/10 of Ananthavaram chennupalli road in Prakasam District of Estimate Amount Rs. 3.80 Lakhs), payable to the petitioner, as bad, illegal, arbitrary, improper, unjust and against the Article 21 of Constitution of India and consequently direct the respondents to pay the amount of Rs.55,14,329/- (Rupees Fifty-Five Lakhs Fourteen Thousand Three Hundred and Twenty-Nine Only), for the works executed by the petitioner. Counsel for the Petitioner: 1. KILARU NITHIN KRISHNA 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 a writ order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in withholding the payment of Rs.55,14,329/- (Rupees Fifty-Five Lakhs Fourteen Thousand Three Hundred and Twenty-Nine Only), i.e., ((1) Rs.47,86,056/- (Rupees Forty-Seven Lakhs Eighty-Six Thousand and Fifty-Six only) for the work done pertaining to Urgent Repairs to Low level Bridge to in km 9/0 of Santhamaguluru to meet C.K.N road in Bapatia District (2nd Call) of Estimate Amount Rs.44.00 Lakhs, (2) Rs. 3,68,673/- (Rupees Three Lakhs Sixty-Eight Thousand Six Hundred and Seventy-Three only) for the work done pertaining to Reconstruction of pipe culvert with one row of 1000 mm dia NP-4 class RCC Hume pipes at km 6/6 of Ballikuruva - NH5 road in Prakasam district of Estimate Amount Rs.3.90 Lakhs and (3) Rs.3,59,600/- (Rupees Three Lakhs Fifty-Nine Thousand Six Hundred only) for the work done pertaining to Reconstruction of Pipe culvert with 1 Row of 1000 mm dia NP-4 class RCC Hume pipes at km 1/10 of Ananthavaram chennupalli road in Prakasam District of Estimate Amount Rs.3.80 Lakhs), payable to the petitioner, as bad, illegal, arbitrary, improper, unjust and against the Article 21 of Constitution of India and consequently direct the respondents to pay the amount of Rs.55,14,329/- (Rupees Fifty-Five Lakhs Fourteen Thousand Three Hundred and Twenty-Nine Only), for the works executed by the petitioner, and pass such other orders……" 2. The 5th respondent has addressed a letter to the Government Pleader, Roads and Buildings Department, High Court of Andhra Pradesh, dated 23.01.2026. On perusal of the said letter, the respondents have admitted that the petitioner has executed the work and the bills due to the petitioner herein in the following: 4 Sl.No. Name of the work WP No. CFMS No. Gross Amount Net Amount Remarks 1 Reconstruction of Pipe Culvert with one Row of 1000 mm dia NP-4 class RCC Hume pipes at Km.6/6 of Ballikurava NH5 road in Prakasam District 10901/ 2024 2024- 1241252 Rs.3,68,673/- Rs.3,33,812/- The bill was paid on 13.01.2025 vide RBI 0132558057070 2 Reconstruction of Pipe Culvert with one Row of 1000 mm dia NP-4 class RCC Hume pipes at Km.1/10 of Ananthavaram- Chennupalli Road in Prakasam District 10901/2024 2024- 1246362 Rs.3,59,600/- Rs.3,20,402/- The bill was paid on 13.01.2025 vide RBI 0132558057073 3 Urgent Repairs to Low Level Bridge to in Km.9/0 of Santhamaguluru to meet C-K-N road to Bapatla District (2nd Call) 10901/2024 2025- 1018830 Rs.47,86,056/- Rs.43,21,394/- The bill is in RBI waiting for fund clearance 3. In the present case, the respondents have not disputed the payment of Rs.43,21,394/- 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 soon after clearance of the said bill and they are unable to pay due to “The bill is in RBI 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 5 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 two (2) months 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. (c) With regard to interest, the petitioner is at liberty to approach appropriate forum. 6 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: 23.01.2026 siva 7 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.10901 of 2024 Date: 23.01.2026 siva