APHC010436962024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] FRIDAY, THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.22513 of 2024 Between: 1. M/S. JKR ENTERPRISES,, R/O. FLAT NO. 104, SAI LAKSHMI APARTMENTS TADIPATHRI, ANANTHAPURAM DISTRICT REP BY ITS PROPRIETOR SRI. MADDIKERRI VAMSINATH REDDY, S/O. OBULREDDY ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, ROADS AND BUILDINGS DEPARTMENT, A.P. SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT A.P. SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI 3. THE SUPERINTENDING ENGINEER, , R AND B CIRCLE KADAPA, YSR KADAPA DISTRICT. 4. THE EXECUTIVE ENGINEER, , R AND B DIVISION PULIVENDULA, YSR KADAPA 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, Order or Direction more particularly one in the nature of Writ of MANDAMUS declaring the action of the respondents in not releasing payment for the bills to the petitioner for the work executed by him namely Providing furniture to revenue divisional officer quarters at Pulivendula, for an amount of Rs. 31,92,661/- as illegal, arbitrary, malafide, high-handed, and contrary to the procedure established by law apart from being vilation of Articles 14 and 19 (1) (g) of the Constitution of India and consequentially direct the 2 respondents to release the payment of above bill along with interest forthwith in the interest of justice. Counsel for the Petitioner: 1. MANIKANTA THOTA 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 declaring the action of the respondents in not releasing payment for the bills to the petitioner for the work executed by him namely Providing furniture to revenue divisional officer quarters at Pulivendula, for an amount of Rs.31,92,661/- as illegal, arbitrary, malafide, high-handed, and contrary to the procedure established by law apart from being vilation of Articles 14 and 19 (1) (g) of the Constitution of India and consequentially direct the respondents to release the payment of above bill along with interest forthwith in the interest of justice and pass such other orders……" 2. The petitioner has provided furniture to the office of Revenue Divisional Office Quarters at Pulivendula, for an amount of Rs.31,92,661/- and the said amount has not been paid by the respondents. 3. The 4th respondent-Executive Engineer, R&B Circle has filed counter affidavit and at paragraph No.7 of the counter affidavit, it is asserted and admitted that an amount of Rs.29,74,860/- is due to the petitioner herein and the said amount has been uploaded and processed to the 2nd respondent-Finance Department and the 2nd respondent has to pay the said amount and after due clearance of the bill, the amount will be paid to the petitioner. 4. In the present case, the respondents have not disputed the payment of Rs.29,74,860/- due to the petitioner for the work executed and the respondents have manifested in their counter that they will pay 4 the amount to the petitioner soon after clearance of the said bill. Once the work executed by the petitioner to 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. 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: (a) The respondents are directed to clear the due amount to the petitioner within a period of two (2) months 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 5 recoveries, the petitioner is at liberty to communicate/interfere with the respondents. (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, Interlocutory Applications pending, if any, shall stand closed. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 23.01.2026 siva 6 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.22513 of 2024 Date: 23.01.2026 siva