1 APHC010324962024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] TUESDAY,THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 16624/2024 Between: 1. M/S MARUTHI CONSTRUCTIONS,, REPRESENTED BY ITS MANAGING PARTNER, B. TRIVIKRAM S/O B.R.K MURTHY, AGED ABOUT 50 YEARS, OCC- CONTRACTOR, R/O D.NO. 54-14/1-9/5, BHARATHI NAGAR, 4TH CROSS, VIJAYAWADA, NTR DISTRICT, ERSTWHILE KRISHNA DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, ROADS AND BUILDINGS DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE ENGINEERINCHIEF, (R AND B), MDR, VIJAYAWADA 3. EXECUTIVE ENGINEER, (R AND B) DIVISION, VIJAYAWADA 4. 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 declaring the action of the Respondents herein, in withholding the payment of bill for an amount of 2 Rs.38,53,960/- (CFMS.No.2024-164287) even after finahzing the bill payable to the petitioner in relation to the work Urgent repairs to Vijayawada - Machilipatnam Road from km. 0.000 to 1.680 in NTR District as per the Agreement DR No33/2023-24, Dt. 16.08.2023 is questioned, as the same is illegal, arbitraiy and consequently direct the respondents to consider for payment of the bill of Rs.38,53,960/- with an interest @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 Rs.38,53,960/- (CFMS.No.2024-164287) with an interest of 24% per annum for the delayed amount to the petitioner in respect of execution of work i.e., “Urgent repairs to Vijayawada - Machilipatnam Road from km. 0.000 to 1.680 in NTR District as per the Agreement DR No:33/2023-24, Dt. 16.08.2023, pending disposal of the Writ Petition and pass IA NO: 1 OF 2025 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 It is therefore prayed that this Hon’ble Court may be pleased to grant Leave for filing of the Counter Affidavit in WP.No. 16624 of 2024 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 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.16624 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 bill for an amount of Rs.38,53,960/- (CFMS.No.2024-164287) even after finahzing the bill payable to the petitioner in relation to the work Urgent repairs to Vijayawada - Machilipatnam Road from km. 0.000 to 1.680 in NTR District as per the Agreement DR No33/2023-24, Dt. 16.08.2023 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to consider for payment of the bill of Rs.38,53,960/- with an interest @ 24 percent 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. The present writ petition is filed questioning the action of the respondents in withholding the payment of bill for an amount of Rs.38,53,960/- (CFMS.No.2024-164287) even after finalizing the bill payable to the petitioner in relation to the work “ Urgent repairs to Vijayawada – Machilipatnam Road from Kms 0.000 to 1.680 in NTR District as per agreement DR.No.33/2023-24, dated 16.08.2023. 4. Learned Government Pleader for Roads and Buildings filed counter- affidavit asserting that LS-I & Final bill received from Deputy Executive Engineer (R & B), Sub-Division, Vijayawada on 28.10.2023. the bill was returned with remarks vide the office memo dated 30.10.2023. After attending 4 remarks the bill was scrutinized and passed in Division officer with Gross amount of Rs.41,99,704/- and Net amount of Rs.38,53,960/- on 16.12.2023. The token number was generated in CFMS portal vide bill No.2023-2098835 and the bill was sent to the Pay and Accounts Officer, Vijayawada on 22.12.2023, and approved on 28.12.2023. The bill was migrated to 2024- 164287 for the financial year 2024-25. The status of bill is “Bill returned to DDO as per Art.39 & 59 of A.P.Financial Code, Vol-I’. It is further submit that the instant respondent taking steps and has initiated the process for allocation of budget of the head of account 3054-03-103-00-04-270-272 to be uploaded bill during the financial year 2025-26. 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 amount to the petitioner and they are unable to the pay due to “Bill 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 5 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. 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 clear the due amount to the petitioner within a period of eight (08) weeks 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/interface with the respondents. 6 (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, miscellaneous petitions pending, if any, shall stand closed. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 10.02.2026 SSA