APHC010491072025 IN THE HIGH COURT OF ANDHRA PRADESH THURSDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No. BETWEEN: 1. PAIDALA THIRUPATHI REDDY AND BROTHERS, REP BY ITS MANAGING PARTNER, P THIRUPATHI REDDY, AGE 50 YEARS, D/o. 1-1226-A, NEAR VINAYAKA TEMPLE, BANGLA THOTA, NAWABPET, NELLORE. 1. THE STATE OF AP, REP BY ITS DEPARTMENT OF ROADS AND BUILDINGS SECRETARIAT BUILDING,VELAGAPUDI, AMARAVATHI, GUNTUR. 2. THE EXECUTIVE ENGINEER, R AND B DIVISION,KAVALI, SPSR NELLORE DISTRICT. 3. THE CHIEF ENGINEER R AND B, MDR,VIJAYAWADA. 4. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 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 an appropriate Writ Order or direction more particularly one IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No. 25994/2025 PAIDALA THIRUPATHI REDDY AND BROTHERS, REP BY ITS MANAGING PARTNER, P THIRUPATHI REDDY, AGE 50 YEARS, A, NEAR VINAYAKA TEMPLE, BANGLA THOTA, NAWABPET, NELLORE. ...PETITIONER AND THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF ROADS AND BUILDINGS SECRETARIAT BUILDING,VELAGAPUDI, AMARAVATHI, GUNTUR. THE EXECUTIVE ENGINEER, R AND B DIVISION,KAVALI, SPSR NELLORE DISTRICT. THE CHIEF ENGINEER R AND B, MDR,VIJAYAWADA. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR ...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 an appropriate Writ Order or direction more particularly one IN THE HIGH COURT OF ANDHRA PRADESH [3330] THURSDAY, THE TWENTY SECOND DAY OF JANUARY THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO PAIDALA THIRUPATHI REDDY AND BROTHERS, REP BY ITS MANAGING PARTNER, P THIRUPATHI REDDY, AGE 50 YEARS, A, NEAR VINAYAKA TEMPLE, BANGLA THOTA, ...PETITIONER PRINCIPAL SECRETARY, DEPARTMENT OF ROADS AND BUILDINGS SECRETARIAT THE EXECUTIVE ENGINEER, R AND B DIVISION,KAVALI, SPSR ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR ...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 an appropriate Writ Order or direction more particularly one 2 in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the final payments of an amount of Rs. 18,03,066/- (Rupees Eighteen Lakhs Three Thousand Sixty Six only) even after finalizing the bills payable to the petitioner in relation to the works i.e. I. Improvements to old MC Road in Kavali town limits from Km.0/0 to 8/0 in SPSR Nellore District,Agreement no. 4/2021-22, Date 14.06.2021 and pass Counsel for the Petitioner: 1. DEVASRI ROSHAN KANCHARLA 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.25994 OF 2025 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the final payments of an amount of Rs.18,03,066/- (Rupees Eighteen lakhs Three Thousand Sixty Six only) even after finalizing the bills payable to the petitioner in relation to the works i.e. “I. Improvements to old MC Road in Kavali town limits from Km. 0/0 to 8/0 in SPSR Nellore District, Agreement no.4/2021-22, Date: 14.06.2021” and pass any other order or orders…” 2. Heard Sri Devasri Roshan K, learned counsel for petitioner and learned Government Pleader for respondents. 3. The short grievance of the petitioner in the present writ petition is that the petitioner executed the work under Agreement No.4/2021-22, dated 14.06.2021, i.e., improvements to old MC Road in Kavali town limits from Km. 0/0 to 8/0 in SPSR Nellore District. Despite execution of work, the respondents have not released the due amount to the petitioner. Hence, the present writ petition has been filed. 4 4. Learned Government Pleader for Roads and Buildings filed written instructions addressed by Sri A. Venugopal, Executive Engineer, R&B Division, Kavali, to the Government Pleader, T. R&B Department, High Court of A.P., submitted that the issue pertains to work bill for the work of “Improvements to old M.C. Road in kavali town limits from Km. 0/0 to 8/0 in SPSR Nellore District”. The work sanctioned for Rs.5130.00Lakhs and work was entrusted to M/s. Paidala Thirupathi Reddy and Brothers, Rep. by its Managing Partner Sri P. Thirupathi Reddy, S.P.S.R. Nellore District atT.P. 1.82% excess on Estimate contract value with stipulated to complete the entire work within 24 months i.e. by 13.06.2023 and the work was preclosed by the Government of Andhra Pradesh T.(R&B) (R.IV) Dept., vide MemoNo.2682055/R.IV/A2/2025, Dt.13.01.2025. 5. It is further submitted that L.S. 4th & Final bill of the work was passed by the Executive Engineer, (R&B) division, Kavali on 30.08.2025 for Rs.18,02,260/- (Gross Amount) and Rs.17,16,791/- (Net Amount) and the bill was uploaded in Nidhi portal vide NIDHI No.2025-2314527, dated 20.01.2026 and the same is pending at A.P.A.O. (W&P), Nellore, for further process for arranging payment. 6. 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 5 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. 7. 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 pay due to “pending at A.P.AO. (W&P), Nellore for further process for arranging payment”, 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. 8. In the case of 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 1 (1971) 3 SCC 864 6 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. 9. 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. (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: 22.01.2026 Harin 7 169 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.25994 of 2025 Date: 22.01.2026 Harin