APHC010307752024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3209] TUESDAY,THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION NO: 15394/2024 Between: 1. M/S. PRAKASH ARTS PRIVATE LIMITED, HAVING ITS REGISTERED OFFICE AT D.NO.2-20-30, P.B NO.406, MUSEUM ROAD, GOVERNORPET, VIJAYAWADA. REP BY ITS AUTHORIZED REPRESENTATIVE, TALATAM MOHAN KUMAR, S/O. MADHUSUDHAN RAO, AGED ABOUT 51 YEARS, R/O. ROAD NO.1, VETERINARY COLONY, VIJAYAWADA, KRISHNA DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, MINORITIES WELFARE DEPARTMENT,SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE STATE OF ANDHRA PRADESH, REPRESENTED BY 2 NJS,J W.P.NO.15394 OF 2024 ITS VICE CHAIRMAN, A.P .STATE MINORITIES FINANCE CORPORATION, VIJAYAWADA. 4. ANDHRA PRADESH MINORITIES FINANCE CORPORATION LIMITED, REPRESENTED BY ITS MANAGING DIRECTOR, D.NO.39-3-1,3RD FLOOR, ABOVE ANJANEYA JEWELERS, VENKATESWARAPURAM, MOSQUE STREET, LABBIPET, VIJAYAWADA. 5. ANDHRA PRADESH CENTER FOR FINANCIAL SYSTEMS AND SERVICES APCFSS, REP BY ITS CHAIRMAN AND SPECIAL CHIEF SECRETARY, GOVERNMENT OF ANDHRA PRADESH, 6TH FLOOR, C-BLOCK, ANJANEYA TOWERS, IBRAHIMPATNAM, KRISHNA DISTRICT- 521456. 6. THE COMMISSIONER, MINORITIES WELFARE DEPARTMENT TADEPALLI, 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 topleased to issue Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not making payments to the Petitioner an amount of Rs. 79,77,774/- /- (Rupees Seventy Nine Lakhs Seventy Seven Thousand seven Hundred and Seventy Four Only), to the petitioner even after successful competition of campaign through Foot Overbridges and Hoardings at Kurnool, Pillar Boards at Gudur, Kavali, Tirupathi and Ongole and not even considering representations made by the petitioner to the respondents as illegal, arbitrary, contrary to the principles of natural justice and in violation of the Art 14,19, 21 and 300A of the Constitution of India and consequently direct the respondents make the payment of an amount of Rs. 79,77,774/- (Rupees Seventy Nine Lakhs Seventy Seven 3 NJS,J W.P.NO.15394 OF 2024 Thousand seven Hundred and Seventy Four Only), forthwith along with and interest of 24percent p.a from the date of submission of bills, 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 pleased to direct the respondents to immediately pay an amount of Rs.79,77,774/- (Rupees Seventy Nine Lakhs Seventy Seven Thousand seven Hundred and Seventy Four Only), to the petitioner within a period of two weeks and 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 May be pleased to grant leave for filing the counter by the respondents No.3, 4 and 6 in writ petition No.15394 of 2024 and pass Counsel for the Petitioner: 1. RAVITEJA PADIRI Counsel for the Respondent(S): 1. GP FOR SOCIAL WELFARE 2. SULTANA SHAIK 3. GP FOR FINANCE PLANNING The Court made the following: 4 NJS,J W.P.NO.15394 OF 2024 ORDER:- Heard Ms.Pilla Yashwini, learned counsel representing the learned counsel for the petitioner. Also heard learned Assistant Government Pleader for the 1st respondent and Mr.Bala Krishna, learned counsel representing learned Assistant Government Pleader for the 2nd respondent. 2. Pursuant to the work order dated 01.03.2019 issued by the Andhra Pradesh Minorities Finance Corporation Limited/4th respondent herein, the petitioner executed the work and with regard to the same raised bills/invoices dated 14.03.2019 for a sum of Rs.79,77,774/-. Despite the same, the amounts were not released, and as such, the petitioner made a representation to the authorities for payment of the said amounts. As there was no positive response, the petitioner filed the present writ petition. 3. In the counter affidavit filed on behalf of respondent Nos.3,4 & 6, at para No.7, it is specifically stated that the petitioner has successfully completed the work order and further that the matter is being pursued for releasing the amounts due to the petitioner. A further reading of the counter-affidavit goes to show that due to budgetary constraints and non allocation of the 5 NJS,J W.P.NO.15394 OF 2024 budget, the amounts due to the petitioner were not cleared. Be that as it may. 4. As seen from the latest instructions dated 02.03.2026 received by the learned Assistant Government Pleader for Finance from the 2nd respondent, a copy of which is placed for perusal of this Court, it would appear that the Finance Department has not received any proposal or bill from the Administrative Department, i.e., Minority Welfare Department for sanction of funds. It is also mentioned in the said instructions that whenever the file/bill is received from the Administrative Department, the Finance Department will take necessary action as per the rules in vogue. 5. On considering the material on record, it is clear that there is no dispute with regard to the work executed by the petitioner and its entitlement for payment. Non-payment of the admitted amounts, is unjust and the administrative delays cannot be appreciated. 6. In the light of the undisputed position, the writ petition is disposed of providing that the amounts due to the petitioner, in respect of the subject matter work shall be cleared as 6 NJS,J W.P.NO.15394 OF 2024 expeditiously as possible, within a period of twelve (12) weeks from the date of receipt of a copy of this order. Insofar as, the claim for interest is concerned, the petitioner is at liberty to approach the appropriate forum, if it is so advised. No costs. Miscellaneous petitions pending, if any, shall stand closed. ___________________________ JUSTICE NINALA JAYASURYA 03.03.2026 LSP