APHC010418292024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] WEDNESDAY,THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 21548/2024 Between: 1. MPR CONSTRUCTIONS, REP. BY ITS MANAGING DIRECTOR, M. PRASAD REDDY, S/O. M. RAMACHANDRA REDDY, AGED ABOUT 52 YEARS, R/O. D.NO.4-271, MUDDANUR ROAD, YERRAGUNTIA VILLAGE AND MANDAL, YSR KADAPA DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, ROAD AND BUILDINGS DEPARTMENT, A.P. SECRETARIAT AT VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT 2. THE SUPERINTENDING ENGINEER, ROADS AND BUILDINGS CIRCLE, YSR KADAPA DISTRICT 3. THE EXECUTIVE ENGINEER, ROADS AND BUILDINGS, PULIVENDULA, YSR KADAPA DISTRICT 4. THE DISTRICT COLLECTOR, YSR DISTRICT AT KADAPA 5. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, A.P. SECRETARIAT AT 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 2 to issue a writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents herein in not releasing the part bill Amount of Rs.55,98,519/- (Rupees Fifty Five Lakhs Ninety Eight Thousand Five Hundred and Nineteen Only) due and payable to the Petitioner towards construction of CC Pavement and Footpaths in Mini Secretariat Complex at Pulivendula, YSR District pursuant to the Agreement No.CR No. 149/2023-24, dt.14.12.2023 as illegal, arbitrary and violative of Articles 14 and 19 (1) (g) of the Constitution of India and consequently direct the Respondents herein to release and pay the part bill Amount of Rs.55,98,519/- (Rupees Fifty Five Lakhs Ninety Eight Thousand Five Hundred and Nineteen Only) due and payable to the Petitioner towards construction of CC Pavement and Footpaths in Mini Secretariat Complex at Pulivendula, YSR District pursuant to the Agreement No.CR No.149/2023-24, dt.14.12.2023 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 to direct the Respondents to release and pay the part bill Amount of Rs.55,98,519/- (Rupees Fifty Five Lakhs Ninety Eight Thousand Five Hundred and Nineteen Only) due and payable to the Petitioner towards construction of CC Pavement and Footpaths in Mini Secretariat Complex at Pulivendula, YSR District pursuant to the Agreement No.CR No. 149/2023-24, dt.14.12.2023 pending disposal of the above 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 to grant Leave for filing of the Counter Affidavit in WP.No.21548 of 2024 and pass Counsel for the Petitioner: 1. G RAMESH BABU 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.21548 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 order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents herein in not releasing the part bill Amount of Rs.55,98,519/- (Rupees Fifty Five Lakhs Ninety Eight Thousand Five Hundred and Nineteen Only) due and payable to the Petitioner towards construction of CC Pavement and Footpaths in Mini Secretariat Complex at Pulivendula, YSR District pursuant to the Agreement No.CR No. 149/2023-24, dt.14.12.2023 as illegal, arbitrary and violative of Articles 14 and 19 (1) (g) of the Constitution of India and consequently direct the Respondents herein to release and pay the part bill Amount of Rs.55,98,519/- (Rupees Fifty Five Lakhs Ninety Eight Thousand Five Hundred and Nineteen Only) due and payable to the Petitioner towards construction of CC Pavement and Footpaths in Mini Secretariat Complex at Pulivendula, YSR District pursuant to the Agreement No.CR No.149/2023-24, dt.14.12.2023 and pass such other order or orders…” 2. Heard Sri G.Ramesh Babu, learned counsel for petitioner and learned Government Pleader for respondents. 3. The grievance raised in the present writ petition is that respondent has issued a tender notification for the stock holders and the petitioner herein is the highest bidder. Accordingly, on 14.12.2023, petitioner entered an agreement for construction of CC Pavement and Footpaths in Mini Secretariat Complex at Pulivendula, YSR District. The petitioner has executed the works within stipulated time. The respondents have not paid Rs.55,98,519/-. Hence, 4 the present petition is filed seeking directions to the respondents for payment of part bid amount. 4. Respondent No.3/ Executive Engineer, R & B Division, Pulivendula, YSR Kadapa District filed counter asserting that the petitioner executed the works and the same was recorded in the Digital M Book, The first and part bill was submitted for the gross amount of Rs.60,42,170/- and after statutory deductions, the petitioner is entitled net amount of Rs.55,98,519/- and raised token in the CFMS Token 2023-252987 dated 27.02.2024 and migrated Token No.2024-171782 and the said bill is in process and waiting for fund clearance from the Finance Department. 5. 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 counter-affidavit that they will pay the amount to the petitioner and they are unable to the pay due to “bill was pending with the Division office for want of Budget”, once the work executed by the petitioner to 5 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. 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. 1 (1971) 3 SCC 864 6 (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. (c) With regard to interest, the petitioner is at liberty to approach appropriate forum. (d) 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: 18.02.2026 SSA 7