APHC010257172025 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.13689 of 2025 Between: 1. M/S MARUTHI CONSTRUCTIONS,, REP. BY ITS MANAGING PARTNER, D. NAGESWARA PRASAD S/O BHEEMAIAH, AGED ABOUT 50 YEARS, R/O. D. NO. 54-14/1-9/5, BHARATHI NAGAR, 4TH CROSS, VIJAYAWADA, KRISHNA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY, ROADS AND BUILDINGS DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 2. THE CHIEF ENGINEER, (R AND B), NH AND CRF, VIJAYAWADA, NTR DISTRICT. 3. THE SUPERINTENDING ENGINEER, (R AND B) CIRCLE, VIJAYAWADA, NTR DISTRICT. 4. THE EXECUTIVE ENGINEER, R AND B, MACHILIPATNAM, VIJAYAWADA, NTR DISTRICT. 5. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, 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 or any other appropriate writ or direction declaring the action of the Respondents in withholding the payment of the 3rd and Final Bill for a net amount of Rs.6,38,76,265/- (gross amount of Rs.7,96,38,681/-) even after finalizing the bills, payable to the petitioner in relation to the work i.e., 2 Widening and Strengthening of road from the section KM.0/0 to KM. 15/6 of Veleru on NH 5 Bommuluru on NH 5 road in Krishna District vide Agreement No 60/2022-23, Dt.20.09.2022, is questioned, as the same is illegal and arbitrary and consequently direct the respondents to consider payment of the 3rd and Final Bill for a net amount of Rs.6,38,76,265/- (gross amount of Rs.7,96,38,681/-) with interest @12percent per annum for the delayed amount to the petitioner in respect of the execution of above-mentioned work, forthwith. Counsel for the Petitioner: 1. SURESH KUMAR REDDY KALAVA 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 of mandamus or any other appropriate writ or direction declaring the action of the Respondents in withholding the payment of the 3rd and Final Bill for a net amount of Rs.6,38,76,265/- (gross amount of Rs.7,96,38,681/-) even after finalizing the bills, payable to the petitioner in relation to the work i.e., Widening and Strengthening of road from the section KM.0/0 to KM.15/6 of Veleru on NH 5 Bommuluru on NH 5 road in Krishna District vide Agreement No 60/2022-23, Dt.20.09.2022, is questioned, as the same is illegal and arbitrary and consequently direct the respondents to consider payment of the 3rd and Final Bill for a net amount of Rs.6,38,76,265/- (gross amount of Rs.7,96,38,681/-) with interest @12 per cent per annum for the delayed amount to the petitioner in respect of the execution of above-mentioned work, forthwith and pass such other orders……" 2. The 4th respondent-Executive Engineer, R&B Machilipatnam, has filed counter and it is stated that the net amount of Rs.6,38,76,265/- was passed on 22.02.2025 for want of budget by LOC, the bill could not be processed in NIDHI portal so far and addressed letters to the Engineer- in-Chief (R&B), NH & CRF, Vijayawada dated 08.05.2025, 26.06.2025 and 14.07.2025. Further stated that as and when the budget is released by the Finance Department, the said amount will be paid to the petitioner herein. 3. 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 counter that they will pay the amount to the petitioner soon after release of budget. Once the work 4 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. 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 four (4) 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. 5 (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, Interlocutory Applications pending, if any, shall stand closed. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 02.02.2026 siva 6 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.13689 of 2025 Date: 02.02.2026 siva