APHC010557942025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] TUESDAY, THE TENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 29046/2025 Between: 1. S V CONSTRUCTIONS, REP. BY ITS MANAGING PARTNER, SRI SATTI SURYABHASKARA REDDY S/O KONADA REDDY, R/O D.NO 1-204, MAIN ROAD, UBALANKA VILLAGE, RAVULAPALEM MANDAL, DR.B.R.AMBEDKAR KONASEEMA DT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, TRANSPORT, ROADS AND BUILDING DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI. 2. THE DISTRICT COLLECTOR, DR.B.R.AMBEDKAR KONASEEMA DISTRICT, AMALAPURAM. 3. THE ENGINEER IN CHIEF R AND B, NATIONAL HIGHWAYS AND CRF, R AND B BHAVAN, VIJAYAWADA, NTR DISTRICT. 4. THE CHIEF ENGINEER R AND B NH AND CRF, THE CHIEF ENGINEER (R AND B), NH AND CRF 2 VIJAYAWADA, R AND B BHAVAN, NTR DISTRICT 5. THE SUPERINTENDING ENGINEER R AND B CIRCLE, KAKINADA.KAKINADA DISTRICT(EARLIER E.G.DT.) 6. THE EXECUTIVE ENGINEER R AND B DIVISION, AMALAPURAM, DR.B.R.AMBEDKAR KONASEEMA DT 7. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI. 8. THE UNION OF INDIA, REP. BY ITS SECRETARY, CENTRAL SECRETARY NEW DELHI, INDIA. ...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 toleased to issue a Writ. Order or direction more particularly one in the nature of Writ of Mandamus todeclaringthe high handed action on the part of the respondents herein, not releasing and the bill amounts (Fourth and part) worth of Rs. 3.23,67,944/-(Gross) to the petitioner even though work was executed and completed as illegal, arbitrary and violation of Article 14 and 21 of the Constitution of India and conequentially to direct the respondents to release and pay the bill amounts (Fourth and part) worth of Rs. 3,23,67,944/- (Gross)to the petitioner forthwith, and to 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 Please to direct the respondents to release and pay the bill amounts (Fourth and part) worth of Rs. 3,23,67,944/-(Gross) to the petitioner forthwith, pending disposal of the above writ petition and to pass 3 IA NO: 1 OF 2026 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 may be pleased to grant Leave for filing of the Counter Affidavit in WP.No.29046 of 2025 and pasS Counsel for the Petitioner: 1. BOKKA SATYANARAYANA KAMLA Counsel for the Respondent(S): 1. GP FOR ROADS BUILDINGS 2. GP FOR FINANCE PLANNING 4 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 29046/2025 ORDER: This 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 for declaring the highhanded action on the part of the respondents herein not releasing and the bill amounts (Fourth and part) worth of Rs.3,23,67,944/- (Gross) to the petitioner even though work was executed and completed as illegal, arbitrary and violation of Article 14 and 21 of the Constitution of India and consequentially to direct the respondents to release and pay the bill amounts (Fourth and part) worth of Rs.3,23,67,944/-(Gross) to the petitioner forthwith and to pass…” 2. The writ petition is filed stating that the Government of Andhra Pradesh issued a G.O.R.T.No.197, (T, R&B (Roads-II) Department) dated 25.07.2023 accorded administrative sanction for Rs.32.0 crores for execution of work of improvement to (A.)Ambajipeta - P. Gannavaram road from Km 0/0 to 06/595), (B) Ambajipeta - Pulletikurru Road from Km 8/4 to 9/6), (C) P. Gannavara - Bellapudi Road from Km 0/0 to 4/8) (D) Y.V Palem – Narendrapuram Road from Km 0/02 to 2/320), (E) Mukkamala lock-Madupalli Road from Km 0/0 to 3/850) (Except Minor Bridge at Km 0/6) in Dr.B.R. Ambedkar Konaseema Dt. 5 and technical sanction was issued for 32.0 Cr dated 29.09.2023 of the Chief Engineer (R&B) NH & CRF Vijayawada. 3. It is stated that the 5th respondent-Superintending Engineer R & B circle issued e-tender notice dated 04.10.2023 for execution of the above works. The petitioner company stood as the highest bidder and executed an agreement with the respondents dated 02.03.2024 and completed the work within the stipulated time as per the agreement with the respondents. Thereafter, the authorities issued quality control certificate dated 15.05.2025 and passed the bill amount of Rs.3,23,67,944/- (Gross) dated 16.05.2025. Despite the same, the authorities did not pay the amount. Hence, the present writ petition is filed seeking a direction to the respondents to pay an amount of Rs.3,23,67,944/- on the ground that as per A.P. Standard Specification clause 68 and 69, there is clear obligation on the part of the authority to pass the bill and to pay the entire amount within six months after completion of work, and the petitioner is entitled to redress. Further relied on the judgment of the Hon’ble Apex Court in ABL International Ltd. Vs. Export Credit 6 Guarantee Corporation of India1. Hence, prayed to allow the writ petition. 4. The 6th respondent- filed counter affidavit and admitted that that the petitioner has completed work on 16.06.2025 as per the agreement, which was recorded in measurement book, and stated that the petitioner is not entitled for payment of interest pursuant to the orders of this Court in W.A.No.791 of 2022 dated 26.04.2022 and also stated that the petitioner is entitled to an amount of Rs.2,88,23,080/-, after statutory deductions. 5. In the present case, respondent are not disputing the amount due to the petitioner for the work executed, and the payment due to the petitioner. 6. In The D.F.O., South Kheri And Ors. vs Ram Sanehi Singh2, 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 1 (2004) 3 SCC 553 2 (1971) 3 SCC 864 7 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. 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. 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 of Rs.2,88,23,080/- to the petitioner within a period of four (04) 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. 8 (d) There shall be no order as to costs As a sequel thereto, miscellaneous applications pending, if any, shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 10.03.2026 ANS 9 176 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 29046/2025 Date: 10.03.2026 ANS