1 APHC010461442025 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: 23974/2025 Between: 1. G.S.INFRA,, NO.458 OF 2016, 717271/8, 7/7, SRINAGAR, GUNTUR, REP BY ITS MANAGING PARTNER, GAJULA SRIDHAR, FLAT NO.8, SUDHA SUDAN APARTMENT, CHANDRAMOULI NAGAR, 1 ST LINE, GUNTUR, 522 002. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, ROADS AND BUILDING DEPARTMENT, REP. BY ITS PRINCIPAL SECRETARY SECRETARIAT BUILDINGS, VELGAPUDI GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, FINANCE DEPARTMENT REP. BY ITS PRINCIPAL SECRETARY SECRETARIAT BUILDINGS, VELGAPUDI, GUNTUR DISTRICT. 3. THE EXECUTIVE ENGINEER, ROADS AND BUILDINGS DIVISION, BAPATLA. 4. THE DEPUTY EXECUTIVE ENGINEER, ROADS AND BUILDINGS SUB-DIVISION REPALLE, BAPATLA 5. THE ASSISTANT ENGINEER, ROADS AND BUILDINGS SECTION REPALLE, BAPATLA ...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 2 pleased 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 paying the amount of Rs. 27,60,092.00/-(Rupees Twenty Seven Lakhs Sixty Thousand and Ninety Two only) that is payable to the Petitioner for the work in the name of Urgent Repairs to BV road to RN Road via Mantenavaripalem road from KM 2/000 to 12/900 in Bapatia District that had been executed by the Petitioner herein, in accordance with Agreement No. - 151/2024-2025 dated 17-01-2025 as being illegal, arbitrary, unjust and violative of Articles 14, 19(1)(g), 21 and 300A of the Constitution of India and consequently direct the Respondents herein to pay Rs. 23,03,415.00/-(Rupees Twenty Three Lakhs Three Thousand Four Hundred and Fifteen only) that is payable to the Petitioner Firm 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 direct the respondents herein to release the funds through proper means for the cost sustained by the Petitioner towards labour charges and procurement of material for the contract assigned vide Agreement No. -151/2024-2025 dated 17-01-2025 and pass Counsel for the Petitioner: 1. AMIRISETTY SAI RAGHAVA 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.23974 OF 2025 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 paying the amount of Rs. 27,60,092.00/-(Rupees Twenty Seven Lakhs Sixty Thousand and Ninety Two only) that is payable to the Petitioner for the work in the name of Urgent Repairs to BV road to RN Road via Mantenavaripalem road from KM 2/000 to 12/900 in Bapatia District that had been executed by the Petitioner herein, in accordance with Agreement No. - 151/2024-2025 dated 17-01-2025 as being illegal, arbitrary, unjust and violative of Articles 14, 19(1)(g), 21 and 300A of the Constitution of India and consequently direct the Respondents herein to pay Rs. 23,03,415.00/- (Rupees Twenty Three Lakhs Three Thousand Four Hundred and Fifteen only) that is payable to the Petitioner Firm and pass such other reliefs…” 2. Heard Sri Amirisetty Sai Raghava, learned counsel for petitioner and learned Government Pleader for respondents. 3. The present writ petition is filed aggrieved by the action of the Respondents in not paying the amount of Rs.27,60,092/- (Rupees Twenty Seven Lakhs Sixty Thousand and Ninety Two only) i.e., payable to the petitioner for the work of “Urgent repairs to BV Road to RN Road via Manthanavaripalem Road from Km.2/000 to 12/900 in Baptla District” that had been executed by the petitioner herein, in accordance with Agreement No.151/2024-2025 dated 17.01.2025 as illegal, arbitrary unjust and vilolative of Articles 14, 19(1)(g), 21 and 300A of the Constitution of India. 4. Learned Government Pleader for Roads and Buildings placed written instructions dated 09.02.2026 addressed by Executive Engineer (FAC), R&B 4 Division, Bapatla. The written instruction indicates that the petitioner has completed the work and the final bill was uploaded in NIDHI Online Portal for making online payment and is with RBI and waiting for payment. 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 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 5 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. 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 six (06) 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. (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 6 130 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO.23974 of 2025 10.02.2026 SSA