APHC010541662025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] THURSDAY,THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 28375/2025 Between: 1. NARU ADINARAYANA REDDY, S/O. NARU LAKSHMI REDDY, AGED 57 YEARS, OCC CONTRACTOR, R/O. H.NO. 1-33, ULAVAPALLE VILLAGE, PEDDAMUDIAM MANDAL YSR KADAPA DISTRICT. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY ROADS AND BUILDINGS (R AND B) DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATI, THULLUR MANDAL, GUNTUR DISTRICT. 2. STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, THULLUR MANDAL, GUNTUR DISTRICT. 3. THE CHIEF ENGINEER R AND B, MAJOR DISTRICT ROADS, NEW R AND B BUILDING,M.G.ROAD, OPP.INDIRA GANDHI MUNICIPAL STADIUM, VIJAYAWADA. 4. THE SUPERINTENDING ENGINEER R AND B CIRCLE, KADAPA, YSR KADAPA DISTRICT. 5. THE EXECUTIVE ENGINEER, R AND B DIVISION, PRODDATUR, YSR KADAPA DISTRICT. 6. THE DIRECTOR OF WORKS AND ACCOUNT OFFICER, NIDHI BHAVAN, MANGALAGIRI IT PARK, BEHIND APIIC BUILDING, MANGALAGIRI, 2 GUNTUR DISTRICT. 7. THE PAY AND ACCOUNTS OFFICER, WORKS AND ACCOUNTS DEPARTMENT, KADAPA, 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 or any other appropriate writ direction declaring the action of the respondents in not releasing the payments for the works i.e., i) Urgent Repairs to the road from Km 0/3 to 3/0, 3/2-4, 4/0- 6, 5/6-6/4 and 7/0 to 15/0 of JP Road to meet PC Road in YSR Kadapa District through the Agreement.No. 131/2022-23 dated 01-12-2022 for an amount of Rs.39,90,910/-, ii) Dismantling of dilapidated condition building @ Vaddirala PHC under the main work of Strengthening Primary Health Centre Buildings of Moragudi Village, Mylavaram Mandal, YSR Kadapa District through the Agreement No.70/2023-24, dated 11-09-2023 for an amount of Rs.1,20,015/-, iii) Providing leveling the ground and filling the gravel Vaddirala PHC under the main work of Strengthening Primary Health Centre Buildings of Moragudi Village, Mylavaram Mandal, YSR Kadapa District through the Agreement No.71/2023-2024, dated 11-09-2023, for an amount of Rs.41,799/-, iv) Providing of leaky proof treatment over slab Mylavaram PHC under the main work of Strengthening Primary Health Centre Building of Moragudi Village, Mylavaram Mandal, Vaddirala Village in YSR Kadapa District through or the Agreement No.67/2023-2024, dated 11-09-2023 for an amount of Rs. 1,57,528/-, v) Providing levelling the ground and filling the gravel Mylavaram PHC under the main work of Strengthening Primary Health Centre Buildings of Moragudi Village, Mylavaram Mandal in YSR Kadapa District through the Agreement No. 68/2023-2024, dated 11-09-2023 for amount of Rs.1,34,911/-, vi) Providing impervious coat to exposed RCC roof Slab Mylavaram PHC under the main work of Strengthening Primary Health Centre Buildings of Moragudi Village, Mylavaram Mandal, Vaddirala Village in YSR Kadapa District through the Agreement No. 107/2023-2024, dated 11-09-2024 for an amount of Rs. 1,59,839/-, vii) Providing impervious coat to exposed RCC roof Slab Moragudi PHC under the main work of Strengthening Primary Health Centre Buildings of Moragudi Village, Mylavaram Mandal,Vaddirala Village in YSR Kadapa District through the Agreement No. 109/2023- 2024, dated 11-01-2024 for an amount of Rs. 1,50,436/-, viii) Providing impervious 3 coat and leaky roof treatment to exposed RCC roof Slab Vaddirala PHC under the main work of Strengthening Primary Health Centre Buildings of Moragudi Village, Mylavaram Mandal, Vaddirala Village in YSR Kadapa District through the Agreement No. 108/2023-2024, dated 11-01-2024 for an amount of Rs. 1,61,319/- and ix) Providing partition wall Vaddirala PHC under the main work of Strengthening Primary Health Centre Buildings of Moragudi Village, Mylavaram Mandal, Vaddirala Village in YSR Kadapa District through the Agreement No.69/2023-2024, dated 11-09-2023 for an amount of Rs.1,48,648/- totaling an amount of Rs.50,65,405/- as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondent authorities to release Rs.50,65,405/- for the pending final bills forthwith for the above said works executed by the petitioner 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 Pleased to direct respondents to consider for payment of amount of Rs.50,65,405/-for the pending final bills for the works executed by the petitioner i.e., i) Urgent Repairs to the road from Km 0/3 to 3/0, 3/2-4, 4/0-6, 5/6-6/4 and 7/0 to 15/0 of JP Road to meet PC Road in YSR Kadapa District through the Agreement.No. 131/2022-23 dated 01- 12-2022 for Rs.39,90,910/-, ii) Dismantling of dilapidated condition building Vaddirala PHC under the main work of Strengthening Primary Health Centre Buildings of Moragudi Village, Mylavaram Mandal, YSR Kadapa District through the Agreement No.70/2023-24, dated 11-09-2023 for an amount of Rs. 1,20,015/-, iii) Providing leveling the ground and filling the gravel Vaddirala PHC under the main work of “Strengthening Primary Health Centre Buildings of Moragudi Village, Mylavaram Mandal, YSR Kadapa District through the Agreement No.71/2023-2024, dated 11-09-2023, for an amount of Rs.41,799/-, iv) Providing of leaky proof treatment over slab Mylavaram PHC under the main work of “Strengthening Primary Health Centre Building of Moragudi Village, Mylavaram Mandal, Vaddirala Village in YSR Kadapa District through the Agreement No.67/2023-2024, dated 11- 09-2023 for an amount of Rs. 1,57,528/-, v) Providing levelling the ground and filling the gravel Mylavaram PHC under the main work of Strengthening Primary Health Centre Buildings of Moragudi Village, Mylavaram Mandal in YSR Kadapa District through the Agreement No. an amount of 68/2023-2024, dated 11-09-2023 for amount of Rs.1,34,911/-, vi) Providing impervious coat to exposed RCC roof Slab Mylavaram PHC under the main work of Strengthening Primary Health Centre Buildings of Moragudi Village, Mylavaram Mandal, Vaddirala Village in YSR Kadapa District through the Agreement No. 107/2023-2024, dated 11-09-2024 for an amount of Rs. 1,59,839/-, vii) Providing impervious coat to exposed RCC roof Slab Moragudi PHC 4 under the main work of Strengthening Primary Health Centre Buildings of Moragudi Village, Mylavaram Mandal, Vaddirala Village in YSR Kadapa District through the Agreement No. 109/2023-2024, dated 11-01-2024 for an amount of Rs. 1,50,436/-, viii) Providing impervious coat and leaky roof treatment to exposed RCC roof Slab Vaddirala PHC under the main work of Strengthening Primary Health Centre Buildings of Moragudi Village, Mylavaram Mandal, Vaddirala Village in YSR Kadapa District through the Agreement No. 108/2023-2024, dated68/2023-2024, dated 11- 09-2023 for amount of Rs.1,34,911/-, vi) Providing impervious coat to exposed RCC roof Slab Mylavaram PHC under the main work of Strengthening Primary Health Centre Buildings of MoragudiVillage, Mylavaram Mandal, Vaddirala Village in YSR Kadapa District through the Agreement No. 107/2023-2024, dated 11-09-2024 for an amount of Rs. 1,59,839/-, vii) Providing impervious coat to exposed RCC roof Slab Moragudi PHC under the main work of Strengthening Primary Health Centre Buildings of Moragudi Village, Mylavaram Mandal, Vaddirala Village in YSR Kadapa District through the Agreement No. 109/2023-2024, dated 11-01-2024 for an amount of Rs. 1,50,436/-, viii) Providing impervious coat and leaky roof treatment to exposed RCC roof Slab @ Vaddirala PHC under the main work of Strengthening Primary Health Centre Buildings of Moragudi Village, Mylavaram Mandal, Vaddirala Village in YSR Kadapa District through the Agreement No. 108/2023-2024, dated 11-01-2024 for an amount of Rs.1,61,319/- and ix) Providing partition wall Vaddirala PHC under the main work of Strengthening Primary Health Centre Buildings of Moragudi Village, Mylavaram Mandal, Vaddirala Village in YSR Kadapa District through the Agreement No.69/2023-2024, dated 11-09-2023 for an amount of Rs.1,48,648/- totaling an amount of Rs.50,65,405/- forthwith, pending disposal of the main Writ Petition and pass. Counsel for the Petitioner: 1. RAMBABU KOPPINEEDI Counsel for the Respondent(S): 1. GP FOR ROADS BUILDINGS 2. GP FOR FINANCE PLANNING The Court made the following: 5 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.28375 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 or any other appropriate writ, direction declaring the action of the respondents in not releasing the payments for the works i.e., i) Urgent Repairs to the road from Km 0/3 to 3/0, 3/2-4, 4/0-6, 5/6-6/4 and 7/0 to 15/0 of JP Road to meet PC Road in YSR Kadapa District through the Agreement No. 131/2022-23 dated 01-12-2022 for an amount of Rs.39,90,910/-, ii) Dismantling of dilapidated condition building @ Vaddirala PHC under the main work of Strengthening Primary Health Centre Buildings of Moragudi Village, Mylavaram Mandal, YSR Kadapa District through the Agreement No.70/2023-24, dated 11-09-2023 for an amount of Rs.1,20,015/-, iii) Providing leveling the ground and filling the gravel Vaddirala PHC under the main work of Strengthening Primary Health Centre Buildings of Moragudi Village, Mylavaram Mandal, YSR Kadapa District, through the Agreement No.71/2023-2024, dated 11-09-2023, for an amount of Rs.41,799/-, iv) Providing of leaky proof treatment over slab Mylavaram PHC under the main work of Strengthening Primary Health Centre Building of Moragudi Village, Mylavaram Mandal, Vaddirala Village in YSR Kadapa District through or the Agreement No.67/2023-2024, dated 11-09-2023 for an amount of Rs.1,57,528/-, v) Providing levelling the ground and filling the gravel Mylavaram PHC under the main work of Strengthening Primary Health Centre Buildings of Moragudi Village, Mylavaram Mandal in YSR Kadapa District through the Agreement No.68/2023-2024, dated 11-09-2023 for amount of Rs.1,34,911/-, vi) Providing impervious coat to exposed RCC roof Slab Mylavaram PHC under the main work of Strengthening Primary Health Centre Buildings of Moragudi Village, Mylavaram Mandal, Vaddirala Village in YSR Kadapa District through the Agreement No.107/2023-2024, dated 11-09-2024 for an amount of Rs.1,59,839/-, vii) Providing impervious coat to exposed RCC roof Slab Moragudi PHC under the main work of Strengthening Primary Health Centre Buildings of Moragudi Village, Mylavaram Mandal,Vaddirala Village in YSR Kadapa District through the Agreement No.109/2023- 2024, dated 11-01-2024 for an amount of 6 Rs.1,50,436/-, viii) Providing impervious coat and leaky roof treatment to exposed RCC roof Slab Vaddirala PHC under the main work of Strengthening Primary Health Centre Buildings of Moragudi Village, Mylavaram Mandal, Vaddirala Village in YSR Kadapa District through the Agreement No.108/2023-2024, dated 11-01-2024 for an amount of Rs.1,61,319/- and ix) Providing partition wall @ Vaddirala PHC under the main work of Strengthening Primary Health Centre Buildings of Moragudi Village, Mylavaram Mandal, Vaddirala Village in YSR Kadapa District through the Agreement No.69/2023-2024, dated 11-09-2023 for an amount of Rs.1,48,648/- totaling an amount of Rs.50,65,405/- as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondent authorities to release Rs.50,65,405/- 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 Rambabu Koppineedi, learned counsel for petitioner and learned Government Pleader for respondents. 3. It is narrated in the affidavit filed in support of the writ petition that the respondents herein have entered into agreements with the petitioner and the petitioner herein has executed the work. Despite the same, the respondents have not paid an amount of Rs.50,65,405/-. Hence, the present writ petition has been filed seeking a direction to the respondents to release the bill amounts. 4. Learned Government Pleader for Roads and Buildings furnished written instructions dated 02.02.2026 (forms part of record) addressed by the Executive Engineer, (R&B) Division, Proddatur, wherein it is admitted that the petitioner has executed the work, as per the agreements. The respondents are corresponding with the Director of Work Accounts, Mangalagiri vide letter dated 20.12.2024, to grant exemption for raising the pending bills. But the 7 permission has not been accorded by the Director of Work Accounts, Mangalagiri till to date. Hence, uploading of the bills are pending. The matter will be pursued with the Director of Works Accounts, Mangalagiri, to accord necessary permission for enabling the uploading of the above pending bills for an amount of Rs.50,65,405/-. 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 written instructions that they will pay the amount to the petitioner and they are unable to the pay due to “Bills are pending”, 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. 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 1 (1971) 3 SCC 864 8 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 directing the respondents are directed to clear the due amount to the petitioner within a period of twelve (12) weeks from the date of receipt of a copy of this order. 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: 19.02.2026 KBN 9 32 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.28375 of 2025 Date: 19.02.2026 KBN