APHC010494962025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] SATURDAY,THE THIRTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 25328/2025 Between: 1. K V N R CONSTRUCTIONS, REP. BY PROPRIETORKETHI REDDY VENKATA NAGI REDDY, S/O. KETHI REDDY VENKATA REDDY, AGED 50 YEARS, R/O. H.NO.4-126, TIMMAPALLI (VILLAGE), YELLANUR MANDAL, ANANTAPUR DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY FINANCE AND PLANNING DEPARTMENT, SECRETARIAT VELAGAPUDI GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY DEPARTMENT OF ROADS AND BUILDINGS, SECRETARIAT VELAGAPUDI GUNTUR DISTRICT. 3. THE SUPERINTENDING ENGINEER, (R AND B) CIRCLE, ANANTAPUR. 4. THE EXECUTIVE ENGINEER, (R AND B) CIRCLE, KALYANDURG. 5. THE DEPUTY EXECUTIVE ENGINEER, (R AND B) SUB DIVISION, MADAKASIRA. 6. THE ASSISTANT EXECUTIVE ENGINEER, (R AND B) SECTION, MADAKASIRA. 2 ...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 topleased to issue a writ, order, or direction, more particularly one in the nature of Writ of Mandamus, declaring the inaction and delay on the part of the Respondents in releasing the final bill amount of Rs. 1,56,32,073/- (One Crore Fifty She Lakhs Thirty Two Thousand Seventy Three Rupees) for the work undertaken under C.R. Agreement No.78/2020-21 dated 24- 02- 2021, for Urgent Repairs to the road from Km 0/1 to 10/5 of Parigi to U Rangapuram Road Wia) Kethapalli, Manur, Bhaktarahalli and Y.B.Halli in Anantapur District, as arbitrary, illegal, and violative of Articles 14 and 21 of the Constitution of India, and consequently direct the Respondents to release the said final bill amount forthwith, in the interest of justice and equity. 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 pleased to direct the Respondents to pay the billamount to the Petitioner covered for the work underC.R. Agreement No.78/2020-21 dated 24- 02- 2021, for “Urgent Repairs to the road from Km 0/1 to 10/5 of Parigi to U Rangapuram Road (Via) Kethapalli, Manur, Bhaktarahalli and Y.B.Halli in Anantapur District,” for Rs- 1,56,32,073-/ (One Crore Fifty Six Lakhs Thirty Two Thousand Seventy Three Rupeesforthwith pending disposal of the writ petition in the interest of justice. Counsel for the Petitioner: 1. P MADHUKAR REDDY 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.25328 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 inaction and delay on the part of the Respondents in releasing the final bill amount of Rs. 1,56,32,073/- (One Crore Fifty Six Lakhs Thirty Two Thousand Seventy Three Rupees) for the work undertaken under C.R. Agreement No.78/2020-21 dated 24-02-2021, for Urgent Repairs to the road from Km 0/1 to 10/5 of Parigi to U Rangapuram Road (Via) Kethapalli, Manur, Bhaktarahalli and Y.B.Halli in Anantapur District, as arbitrary, illegal, and violative of Articles 14 and 21 of the Constitution of India, and consequently direct the Respondents to release the said final bill amount forthwith, in the interest of justice and equity…” 2. Heard Sri P.Madhukar Reddy, 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 respondents have invited tenders from the stakeholders and the petitioner is one such stakeholder. The tender was sanctioned in favour of the petitioner. Pursuant thereto, the petitioner entered into an agreement with the 3rd respondent vide agreement No.78/2020-21, dated 24.02.2021, for carrying out urgent repairs to the road from Km 0/1 to 10/5 of Parigi to U.Rangapuram road (via) Kethapalli, Manur, Bhaktarahalli and Y.B.Halli in Anantapuramu District. Despite the petitioner having duly executed the work in terms of the 4 agreement, the respondents have not released the due amount to the petitioner. Hence, the present writ petition has been filed. 4. Learned Government Pleader for Roads and Buildings filed counter- affidavit stating that the LS-1st and final bill for gross amount of Rs.1,77,82,890/- and net amount of Rs.1,56,18,894/- was passed on 29.04.2023 and the bill was uploaded in NIDHI portal vide NIDHI Bill No.2024- 9028597 and approved by Pay and Accounts Officer, Anantapuramu on 21.12.2024. The Bill was returned by Finance department to the Executive Engineer (R&B) Kalyandurg, during the month of April 2025 due to year end activity. It is further submitted that the LS-1st & final bill is again uploaded in NIDHI Portal and the same is approved by Pay and Accounts Officer, Anantapuramu vide CFMS Bill No.2025-1931074 and bill is waiting for fund clearance with the Finance Department. 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 5 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 any 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: 1 (1971) 3 SCC 864 6 (a) The respondents are directed to clear the due amount to the petitioner within a period of two (02) 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 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: 31.01.2026 KBN 7 78 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.25328 of 2025 Date: 31.01.2026 KBN