APHC010368422024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] TUESDAY, THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.18788 of 2024 Between: 1. SUNDEEP RAVINDRA ENGINEERS AND CONTRACTORS, PLOT NO. 16, SRI KRISHNA NAGAR, DCCB COLONY EXTENSION, SRIKAKULAM. REP.BY ITS MANAGING PARTNER K RAVINDRA REDDY. 2. K.RAVINDRA REDDY,, AGED 55 YEARS, OCC CONTRACTOR, R/O. PLOT NO. 16, SRI KRISHNA NAGAR, DCCB COLONY EXTENSION, SRIKAKULAM. ...PETITIONER(S) AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY ROADS AND BUILDINGS (RAND B) DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATHI, THULLUR MANDAL, GUNTUR DISTRICT. 2. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI THULLUR MANDAL, GUNTUR DISTRICT. 3. THE CHIEF ENGINEER, (R AND B) NH AND CRF, NEW R AND B BUILDING, M.G.ROAD, OPP INDIRA GANDHI MUNICIPAL STADIUM, VIJAYAWADA. 4. THE SUPERINTENDING ENGINEER, R AND B CIRCLE, VIZIANAGARAM, VIZIANAGARAM DISTRICT. 5. THE EXECUTIVE ENGINEER, R AND B DIVISION, PARVATHIPURAM VIZIANAGARAM 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 2 may be pleased to issue a Writ, Order, or Direction more particularly one in the nature of WRIT OF MANDAMUS or any other appropriate writ or direction declaring the action of the respondents in not releasing the payments for the works i.e.. Periodic Maintenance to Calingapatnam-Srikakulam-Parvathipuram road from km.102/0 to 105/0 in Vizianagaram District for an amount of Rs.22,38,356/- towards Second and Final Bill as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondent authorities to release Rs.22,38,356/- towards Second and Final Bill forthwith for the above said works executed by the petitioner. Counsel for the Petitioner(S): 1. K NARSI REDDY 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 or any other appropriate writ or direction declaring the action of the respondents in not releasing the payments for the works i.e.. Periodic Maintenance to Calingapatnam-Srikakulam- Parvathipuram road from km.102/0 to 105/0 in Vizianagaram District for an amount of Rs.22,38,356/- towards Second and Final Bill as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondent authorities to release Rs.22,38,356/- towards Second and Final Bill forthwith for the above said works executed by the petitioner and pass such other orders……" 2. The Writ Petition is filed aggrieved by the action of the respondent-authorities in withholding the payment of amount of Rs.22,38,356/- (Second and Final Bill) even after finalizing the bills, payable to the petitioners in relation to the works i.e., Periodic Maintenance to Calingapatnam-Srikakulam-Parvathipuram road from K.M.102/0 to 105/0 in Vizianagaram District, as the same is illegal and arbitrary and violative of Articles 14, 16 and 21 of the Constitution of India and consequently, prayed to direct the respondents to clear the pending bills pertaining to the above work. 3. The 5th respondent-Executive Engineer, R&B Division, Vizianagaram, has filed counter and admitted that the respondents have entered into an agreement with the petitioners and the work has been completed by the petitioners and the bill was recorded in the Measurement Books and passed LS second and final bill for a gross 4 amount of Rs.22,38,356/- and the petitioners are entitled to net amount of Rs.18,63,063/- after deductions of the statutory recoveries. 4. In the present case, the respondents have not disputed the payment due to the petitioners for the work executed and the respondents have manifested in their counter that they will pay the amount to the petitioner soon after clearance of funds. Once the work executed by the petitioners to the respondents is admitted and the payment due to the petitioners 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. 5. 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. 6. In view of the above, the present Writ Petition is disposed of with the following directions: 5 (a) The respondents are directed to clear the due amount to the petitioner within a period of four (4) weeks from the date of receipt of a copy of this order. (b) Sum due to the petitioners would mean, the sum arrived after statutory deductions. If there is any dispute regarding statutory recoveries, the petitioners are at liberty to communicate/interfere with the respondents. (c) With regard to interest, the petitioners are 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: 03.02.2026 Siva/JAK 6 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.18788 of 2024 Date: 03.02.2026 Siva/JAK