APHC010519332024 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: 26878/2024 Between: 1. B SRINIVASULU REDDY AND CO, REP. BY ITS MANAGING PARTNER B.SREENIVASULU, S/O. B RAMANA REDDY, AGED ABOUT 69 YEARS, R/O. D.NO.501, SREE NILAYAM, JOHARAPURAM ROAD, CHANIKYAPURI COLOY, KURNOOL DISTRICT-518002. ...PETITIONER AND 1. THE STATE OF AP, REP BY ITS PRINCIPLE SECRETARY ROADS AND BUILDINGS (R AND B) DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, THULLUR MANDAL, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, , REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, THULLUR MANDAL, GUNTUR DISTRICT. 3. THE COLLECTOR AND DISTRICT MAGISTRATE R AND B, NANDYALA,NANDYALA DISTRICT. 4. THE CHIEF ENGINEER R AND B DEPARTMENT, VIJAYAWADA, N.T.R., DISTRICT. 5. THE SUPERINTENDING ENGINEER R AND B, R AND B CIRCLE, 2 KURNOOL DISTRICT. 6. THE EXECUTIVE ENGINEER, (R AND B) DIVISION, NANDYALA, NANDYALA DISTRICT. 7. THE DEPUTY EXECUTIVE ENGINEER, R AND B SUB- DIVISION,DHONE, NANDYALA,NANDYALA DISTRICT. 8. THE ASSISTANT EXECUTIVE ENGINEER, R AND B SECTION, DHONE, NANDYALA.NANDYALA DISTRICT. 9. THE DISTRICT MINES AND GEOLOGY OFFICER, MINES AND GEOLOGY DEPARTMENT, H.NO.4283, KRANTHI NAGAR, NANDYALA.NANDYALA DISTRICT. 10. DEPUTY DIRECTOR, MINES AND GEOLOGY DEPARTMENT, NANDYALA.NANDYALA 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 topleased to issue a Writ, Order, or Direction more particularly one in the nature of WRIT OF MANDAMUS or any other appropriate writ or direction declaring the action of the respondents in not releasing total payment of Rs.3,94,81,409/-in C.R. Agreement No.03/2022-23, date 08.04.2022 vide Supplemental Slip.No. 01 to original Agreement even after finalizing the bills, payable to the petitioner in relation to the works i.e., (1) Construction of sports building at Dhone in Kurnool District, vide 2354-A and 7250-A all of pass order amount I.eM.Books.2339-A Rs.3,94,81,409/-under DMF grant, as illegal, arbitrary and violative of Art of Constitution of India and consequently direct the14 and 21 respondent authorities to release Rs. 3,94,81,409/- for the pending final bills forthwith for the above said works executed by the petitioner and pass IA NO: 1 OF 2024 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 consider for payment of amount of Rs.3,94,81,409/- vide C.R. Agreement No.03/2022-23, date:08.04.2022, vide M.Books.2339-A, 2354-A & 7250-A under DMF grant, even after finalizing the 3 bills, payable to the petitioner in relation to the works forthwith, pending disposal of the main Writ Petition and pass Counsel for the Petitioner: 1. KOMMA VIJAYA RAJ KUMAR Counsel for the Respondent(S): 1. GP FOR ROADS BUILDINGS 2. GP FOR MINES AND GEOLOGY 3. GP FOR FINANCE PLANNING The Court made the following: 4 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.26878 OF 2024 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 or any other appropriate writ or direction declaring the action of the respondents in not releasing total payment of Rs.3,94,81,409/- in C.R.Agreement No.03/2022-23, date 08.04.2022 vide Supplemental Slip.No.01 to original Agreement even after finalizing the bills, payable to the petitioner in relation to the works i.e., (1) Construction of sports building at Dhone in Kurnool District, vide M.Books.2339-A, 2354-A and 7250-A all of pass order amount Rs.3,94,81,409/- under DMF grant, as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct respondent authorities to release Rs.3,94,81,409/- for the pending final bills forthwith for the above said works executed by the petitioner and pass such other order or orders…” 2. Heard Sri Komma Vijaya Rajkumar, learned counsel for petitioner and learned Government Pleader for respondents. 3. The respondents have invited tenders from the stakeholders for construction of sports building at Dhone in Kurnool District. The petitioner, who is the stakeholder, has participated in the tender and the work was allotted to the petitioner. Petitioner started his work on 08.01.2022 and completed on 07.01.2023 within nine months. However, the respondents have not paid the due amount to the petitioner. Hence, the present writ petition is filed seeking to direct the respondents to release the amount for the work executed by the petitioner. 5 4. Learned Government Pleader for Roads and Buildings appearing on behalf of respondent No.6 filed counter-affidavit stating that the gross amount of the bill is Rs.3,94,81,409/- and net amount is Rs. 3,75,76,959/-. It is further stated that the bill was submitted to the District Mines and Geology Officer, Mines and Geology Department, Nandyal, for arranging payment to the agency vide Lr.Rc.No.A6/R&B/NDL/DMF/Sports Bldg/2023-24, Dt: 22.02.2024 of the Executive Engineer (R&B) Division, Nandyal, under DMF grant. The bill was uploaded in CFMS Portal vide CFMS ID No.2023-2674252, by District Mines and Geology Officer, Mines and Geology Department, Nandyal, it could not be re-generated to the next financial year as a routine process, as the payment was not done in the financial year end. Hence, it has been returned to DMF office Nandyal. As on date the bill is kept ready at District Mines and Geology Officer, Mines and Geology Department, Nandyal, for upload in CFMS Portal. 5. 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 counter-affidavit that they will pay the amount to the petitioner and they will upload the bill soon in CFMS portal. 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 6 extent. Hence, this Court directs the respondents to pay the admitted amount to the petitioner. 6. 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. 7. 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 three (03) 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) There shall be no order as to costs. 1 (1971) 3 SCC 864 7 As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 31.01.2026 KBN/JAK 8 30 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.26878 of 2024 Date: 31.01.2026 KBN/JAK