1 APHC010110732026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE FOURTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 6820 OF 2026 Between: Bandaru Suresh Babu, S/o. Siva Satyanarayan, Aged 41 Years, Contractor, R/o.D.No.1-4, Near Anganvadi, Pedakallepalli Village, Mopi Devi Mandal, Krishna District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Finance and Planning, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Andhra Pradesh Medical Services and Infrastructure Development Corporation, Rep. by its Managing Director, Mangalagiri, Guntur District. 3. The Commissioner, Technical Education, A.N.R. Towers, Prasadampadu, Vijayawada. 4. The Managing Director, Andhra Pradesh Medical Services and Infrastructure Development Corporation, IT Park, Mangalagiri, Guntur District. 5. The Superintending Engineer, Andhra Pradesh Medical Services and Infrastructure Development Corporation, Guntur District. 6. The Executive Engineer, Andhra Pradesh Medical Services and Infrastructure Development Corporation Division, Guntur District. ...Respondents 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 2 pleased to issue an appropriate Writ or Order or direction more particularly one in the nature of Writ of Mandamus declaring the action, things and deeds of Respondents in not paying the contract bill amounts to the Petitioner i.e., Rs.31,90,030/- for Providing Medical Gas pipe line system at Community health center at Prathipadu in Guntur District and Renovation of existing X- Ray room at CHC-Macherla in Palnadu District, which is illegal, irregular, arbitrary, unconstitutional, against to the Principles of Natural Justice and in violation of Articles 14 and 21 of the Constitution of India, consequently direct the Respondents to pay the total contract bill amounts of Rs.31,90,030/- along with interest for the works carried by the Petitioner 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 to direct the Respondents forthwith to pay the total contract bill amounts of Rs.31,90,030/- along with interest in respect of works carried by the Petitioner pending disposal of the Writ Petition and pass Counsel for the Petitioner: MANIKANTA THOTA Counsel for the Respondents: S PRANATHI Counsel for the Respondents: GP FOR FINANCE & PLANNING The Court made the following order: 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No: 6820 of 2026 ORDER: The instant writ petition has been filed by the petitioner under Article 226 of Constitution of India seeking the following main prayer: “….to issue an appropriate Writ or Order or direction more particularly one in the nature of Writ of Mandamus declaring the action, things and deeds of Respondents in not paying the contract bill amounts to the Petitioner i.e., Rs.31,90,030/- for Providing Medical Gas pipe line system at Community health center at Prathipadu in Guntur District and Renovation of existing X-Ray room at CHC-Macherla in Palnadu District, which is illegal, irregular, arbitrary, unconstitutional, against to the Principles of Natural Justice and in violation of Articles 14 and 21 of the Constitution of India, consequently direct the Respondents to pay the total contract bill amounts of Rs.31,90,030/- along with interest for the works carried by the Petitioner and pass….” 2. The sum and substance of the writ petition is that the petitioner challenged the inaction of the respondents in not releasing the amounts even after completion of the entire works entrusted to him. 3. Heard learned counsel for the petitioner Sri T.Manikanta as well as the learned Government Pleader for Finance & Planning, appearing for the respondents. 4. Learned counsel for the petitioner, while reiterating the averments made in the writ affidavit, submits that in view of non-release of the admitted 4 amounts, the petitioner is facing multifarious problems, physically and fiscally. Hence, he submits that the release of the amounts is just and essential. 5. On the other hand, learned Standing Counsel for the respondents Corporation, placed a copy of the written instructions dated 11.03.2026 issued by the concerned authority of the respondents and submits that six months’ time may be granted for paying the admitted amount of Rs.30,36,098/- (Rupees Thirty Lakhs Thirty Six Thousand and Ninety Eight only) to the petitioner. He further submits that though the petitioner claimed a sum of Rs.31,90,030/-, as per their instructions, the petitioner is only entitled to get an amount of Rs.30,36,098/-. 6. Since it is not in dispute that the petitioner completed the works and has yet to receive payment, as evident from the written instructions dated 11.03.2026 of the concerned respondent authority, this Court finds the respondents’ failure to pay is unjustified. However, taking into consideration of the ground realities to settle the admitted amounts, the respondents are granted rational time to settle the dues. 7. Recently the Hon’ble Supreme Court of India in Utkal Highways Engineers and Contractor Vs Chief General Manager and Others1, vividly held in the following manner. 1 (2025) SCC Online SC 1400 5 “8. Be that as it may, the High Court has not dealt with the merits of the writ petition. Moreover, it is not an inviolable rule that no money claim can be adjudicated upon in exercise of writ jurisdiction…..” 8. It is apt to note that a mere financial incapacity / poor financial conditions, as stated by the respondents, for non-releasing of amounts after getting the services of the petitioner, cannot be a ground. 9. In view of the above stated legal position, the respondent Corporation, being the instrumentality of the ‘State’ within the meaning of Article 12 of the Constitution of India, is bound to release the amount for the undisputed works done by the petitioner, without any further delay. A mere financial incapacity or paucity of funds cannot be a valid defence for non-fulfilment of such statutory obligations, more particularly, after getting the works from the petitioner. 10. So far as the interest portion is concerned, the Hon’ble Division Bench of this Court in the case of Managing Director & Ors. Vs. Sree Balaji Constructions & Ors. (Writ Appeal No.60 of 2025) held that the award of interest on delayed payments was unsustainable in the absence of specific terms and conditions of the relevant agreement between the parties, but in the instant case, the learned counsel for the petitioner has not touched on the said point. However, the Hon’ble Division Bench in similar circumstances made it clear that the parties are at liberty to pursue their claims in respect of the interest portion before an appropriate forum in accordance with the Law. 6 11. In the light of the above legal position, coupled with the fact that the liability for the undisputed works was admitted by the respondents, the writ petition is disposed of with a direction to the respondents to release the amount of Rs.30,36,098/-(Rupees Thirty Lakhs Thirty Six Thousand and Ninety Eight only) payable to the petitioner, within a period of six (06) months, from the date of receipt of copy of this order. It is needless to say that the petitioner is at liberty to approach the appropriate civil court with regard to interest, if so advised. There shall be no order as to costs. Miscellaneous petitions pending, if any, shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 04.05.2026 Rns 7 THE HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No.6820 of 2026 Date: 04.05.2026 Rns