APHC010561822025 IN THE HIGH COURT OF ANDHRA PRADESH MONDAY, THE SECOND DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No. BETWEEN: 1. SRI. V. NARENDRA REDDY, S/o. V.SOMI REDDY, AGED ABOUT 40 YEARS, OCC: CONTRACTOR, R/o. D.No. MUDIGALLU VILLAGE, KALYANDURG MANDAL, ANANTHAPURAMU DISTRICT, ANDHRA PRADESH. 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, A.P. SECREARIAT, VELAGAPUDI, AMRAVATI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, ROADS AND BUILDIN SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH. 3. THE DISTRICT COLLECTOR, ANANTHAPURAMU DISTRICT, ANDHRA PRADESH. 4. THE SUPERINTENDING ENGINEER, (R AND B) CIRCLE, ANANTAPURAMU DISTRICT, ANDHRA PRADESH. 5. THE EXECUTIVE ENGINEER, R AND B DIVISION, KALYANDURG, ANANTAPURAMU DISTRICT, ANDHRA PRADESH. 6. THE DEPUTY EXECUTIVE ENGINEER, RAND B SECTION, KALYANDURG, ANANTAPURAMU DISTRICT, ANDHRA PRADESH. 7. THE ASSISTANT EXECUTIVE ENGINEER, , RAND B SECTION, KALYANDURG ANANTAPURAMU DISTRICT, ANDHRA PRADESH. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE SECOND DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No. 29235/2025 NARENDRA REDDY, S/o. V.SOMI REDDY, AGED ABOUT 40 YEARS, OCC: CONTRACTOR, R/o. D.No. MUDIGALLU VILLAGE, KALYANDURG MANDAL, ANANTHAPURAMU DISTRICT, ANDHRA PRADESH. ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, A.P. SECREARIAT, VELAGAPUDI, AMRAVATI, GUNTUR DISTRICT, ANDHRA PRADESH. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, ROADS AND BUILDINGS DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT, ANDHRA THE DISTRICT COLLECTOR, ANANTHAPURAMU DISTRICT, ANDHRA PRADESH. THE SUPERINTENDING ENGINEER, (R AND B) CIRCLE, ANANTAPURAMU DISTRICT, ANDHRA PRADESH. THE EXECUTIVE ENGINEER, R AND B DIVISION, KALYANDURG, ANANTAPURAMU DISTRICT, ANDHRA THE DEPUTY EXECUTIVE ENGINEER, RAND B SECTION, KALYANDURG, ANANTAPURAMU DISTRICT, ANDHRA THE ASSISTANT EXECUTIVE ENGINEER, , RAND B SECTION, ALYANDURG ANANTAPURAMU DISTRICT, ANDHRA ...RESPONDENT(S) IN THE HIGH COURT OF ANDHRA PRADESH [3330] MONDAY, THE SECOND DAY OF FEBRUARY THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO NARENDRA REDDY, S/o. V.SOMI REDDY, AGED ABOUT 40 YEARS, OCC: CONTRACTOR, R/o. D.No. MUDIGALLU VILLAGE, KALYANDURG MANDAL, ANANTHAPURAMU DISTRICT, ANDHRA PRADESH. ...PETITIONER THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, A.P. SECREARIAT, VELAGAPUDI, AMRAVATI, GUNTUR THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL GS DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT, ANDHRA THE DISTRICT COLLECTOR, ANANTHAPURAMU DISTRICT, THE SUPERINTENDING ENGINEER, (R AND B) CIRCLE, THE EXECUTIVE ENGINEER, R AND B DIVISION, KALYANDURG, ANANTAPURAMU DISTRICT, ANDHRA THE DEPUTY EXECUTIVE ENGINEER, RAND B SECTION, KALYANDURG, ANANTAPURAMU DISTRICT, ANDHRA THE ASSISTANT EXECUTIVE ENGINEER, , RAND B SECTION, ALYANDURG ANANTAPURAMU DISTRICT, ANDHRA ...RESPONDENT(S) 2 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 any writ, order or Direction more particularly one in the nature of writ of Mandamus directing the respondent authorities to deposit the amount of Rs.8,12,476/-(Ru pees Eight Lakhs-Twelve Thousand-Four Hundred and Seventy Six) along with the interest of 18percent per annum from the date of execution of the work Annual Maintenance of Corenet Roads in (R and B) Section- I, Kalyandurg for the year of 2023-24 in AnantapuramuDistricf'wherein an administrative sanction was issued through Proceeding. No. DR.No.20/2023-24/EE R and B KLD/JTO, Dated 03.07.2023 in respect of an Agreement vide its No. 42/2023-24 dated 29.12.2023, despite the same was entered in the M-Book vide its No.7008-A to the account of the Petitioner as per the entitlements to enable the petitioner to get the same to his account by the authorities and pass such other order or orders. Counsel for the Petitioner: 1. MARUPILLI SARADA Counsel for the Respondent(S): 1. GP FOR ROADS BUILDINGS 2. GP FOR FINANCE PLANNING The Court made the following: 3 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India for the following relief: "……to issue any writ, order or Direction more particularly one in the nature of writ of Mandamus directing the respondent authorities to deposit the amount of Rs.8,12,476/- (Rupees Eight Lakhs-Twelve Thousand-Four Hundred and Seventy Six) along with the interest of 18% per annum from the date of execution of the work “Annual Maintenance of Corenet Roads in (R&B) Section-I, Kalyandurg for the year of 2023-24 in Anantapuramu District” wherein an administrative sanction was issued through Proceeding No.DR.No.20/2023-24/EE R&B KLD/JTO, dated 03.07.2023 in respect of an Agreement vide its No.42/2023-24 dated 29.12.2023, despite the same was entered in the M-Book vide its No.7008-A to the account of the Petitioner as per the entitlements to enable the petitioner to get the same to his account by the authorities and pass such other order or orders may deem fit and proper in the circumstances of the case as the non-payment of the amounts despite execution of works is nothing but infringement of Fundamental rights guaranteed under Article 14, 19, 21 and the Right to Property under Article 300-A of the Constitution of India……" 2. The learned Assistant Government Pleader for Roads and Buildings, placed written instructions of the 5th respondent-Executive Engineer, (R&B) Division, Kalyandurg. The written instructions indicates that the bill was not uploaded in Nidhi Portal due to non- availability of LOC/Budget under the Head of account 3054-04-105-00- 4 13-270-272(SH Grant). The Chief Engineer (R&B) SH & MD, APRDC, Vijayawada has released required budget based on request of the office of the Executive Engineer, (R&B), Division, Kalyanadurg and the bill is being submitted to Pay and Accounts Officer (W) Anantapuramu. 3. 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 soon after receipt of the funds. 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. 4. In The D.F.O., Sough Kheri And Ors. Vs. Ram Sanehi Singh reported in (1971) 3 SCC 864, 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 of the Constitution of India, for asking 5 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. 5. In view of the above, the present Writ Petition is disposed of with the following directions: (a) The respondents are directed to clear the due amount to the petitioner within a period of four (4) 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/interfere 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, Interlocutory Applications pending, if any, shall stand closed. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 02.02.2026 Harin 6 93 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHARA RAO W.P.No. 29235 OF 2025 Date: 02-02-2026 Harin