APHC010565712023 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: 29572/2023 Between: 1. M/S UNIQUE CONSTRUCTIONS AND SOLUTIONS, REP. BY ITS MANAGING PARTNER N B SINHA DOOR NO.5-30-5-739, 6/18 BRODIEPET, GUNTUR - 522 002 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, TRANSPORT, R AND B DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, VELAGAPUDI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING A.P SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 3. THE SUPERINTENDING ENGINEER, RAND B DIVISION, OPPOSITE COLLECTORATE, GUNTUR - 522004. 4. THE EXECUTIVE ENGINEER, RAND B DIVISION, OPPOSITE COLLECTORATE, GUNTUR - 522004. 5. THE DISTRICT COLLECTOR, GUNTUR, GUNTUR DISTRICT - 522 004. 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 to issue a writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 3 and 4 in not releasing the amount of Rs.40,92,196/- even after finalizing the bills is illegal, arbitrary and unconstitutional in relation to the works i.e., 1. Providing Helipad and Barricading arrangements for the visit of Hon'ble Chief Minister in view of attending marriage function of son of Smt Nallamothu Ruth Rani, ex chairperson on 27.01.2023 at Parandayya Convention Centre, GBC road, Ponnuru, Guntur District 2. Providing Helipad and Barricading arrangements for the visit of Hon'ble Chief Minister of Andhra Pradesh launching of 4th year 3rd phase release of amount under YSRRB and PM KISAN and Input Subsidy to farmers from Tenali on 28-02-2023 at Market Yard in Guntur District 3. Providing Barricading arrangements for 10th Session of XV Andhra Pradesh Legislative Council Budget Sessions - 2023 from 14.03.2023 to 24.03.2023 at Velagapudi (V), Thullur (M), Amaravathi in Guntur District and to direct the respondents to release the said amount of Rs.40,92,196/- with interest @24 percent per annum and pass such IA NO: 1 OF 2023 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 Pending further orders this Hon'ble Court may be pleased to direct the respondents herein to release the due amount of Rs.40,92,196/- payable to the petitioner in relation to the works1. Providing Helipad and Barricading arrangements for the visit of Hon'ble Chief Minister in view of attending marriage function of son of Smt Nallamothu Ruth Rani, cx chairperson on 27.01.2023 at Parandayya Convention Centre, GBC road, Ponnuru, Guntur District 2. Prdviding Helipad and Barricading arrangements for the visit of Hon'ble Chief Minister of Andhra Pradesh launching of 4th year 3rd phase release of amount under YSRRB & PM KISAN and Input Subsidy to farmers from Tenali on 28-02-2023 at Market Yard in Guntur District 3. Providing Barricading arrangements for 10th Session of XV Andhra Pradesh Legislative Council Budget Sessions - 2023 from 14.03.2023 to 24.03.2023 at Velagapudi (V), Thullur (M), Amaravathi in Guntur District within a stipulated time frame and pass such 3 Counsel for the Petitioner: 1. SRAVAN KUMAR MANNAVA Counsel for the Respondent(S): 1. GP FOR ROADS BUILDINGS 2. GP FOR FINANCE PLANNING The Court made the following: 4 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.29572 OF 2023 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue a writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 3 and 4 in not releasing the amount of Rs.40,92,196/- even after finalizing the bills is illegal, arbitrary and unconstitutional in relation to the works i.e., 1. Providing Helipad and Barricading arrangements for the visit of Hon'ble Chief Minister in view of attending marriage function of son of Smt Nallamothu Ruth Rani, ex chairperson on 27.01.2023 at Parandayya Convention Centre, GBC road, Ponnuru, Guntur District 2. Providing Helipad and Barricading arrangements for the visit of Hon'ble Chief Minister of Andhra Pradesh launching of 4th year 3rd phase release of amount under YSRRB and PM KISAN and Input Subsidy to farmers from Tenali on 28-02-2023 at Market Yard in Guntur District 3. Providing Barricading arrangements for 10th Session of XV Andhra Pradesh Legislative Council Budget Sessions - 2023 from 14.03.2023 to 24.03.2023 at Velagapudi (V), Thullur (M), Amaravathi in Guntur District and to direct the respondents to release the said amount of Rs.40,92,196/- with interest @24 percent per annum and pass such other order or orders…” 2. Heard Sri Sravan Kumar Mannava, learned counsel for petitioner and learned Government Pleader for respondents. 3. The present writ petition is filed questioning the action of the respondents 3 and 4 in not releasing the amount of Rs.40,92196/-, even after finalizing the bills is illegal, arbitrary and unconstitutional in relation to the works i.e., 1) Providing Helipad and Barricading arrangements for the visit of Hon'ble Chief Minister in view of attending marriage function of son of 5 Smt Nallamothu Ruth Rani, Ex-Chairperson on 27.01.2023 at Parandayya Convention Centre, GBC road, Ponnuru, Guntur District, 2). Providing Helipad and Barricading arrangements for the visit of Hon'ble Chief Minister of Andhra Pradesh launching of 4th year 3rd phase release of amount under YSRRB and PM KISAN and Input Subsidy to farmers from Tenali on 28-02-2023 at Market Yard in Guntur District and 3) Providing Barricading arrangements for 10th Session of XV Andhra Pradesh Legislative Council Budget Sessions - 2023 from 14.03.2023 to 24.03.2023 at Velagapudi village, Thullur Mandal Amaravathi in Guntur District as the same is illegal, arbitrary and unconstitutional. 4. The Executive Engineer, (R & B) Division, Guntur has addressed a letter to the Government Pleader for Roads and Buildings dated 16.12.2025. The said written instructions indicates that the petitioner are entitled for an amount of Rs.40,55,202/- after statutory deductions. The respondents unable to pay the said amount due to insufficient funds, though the bills were uploaded in CFMS Token No.2025-1113993 for respective due amount to the petitioner herein. 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 6 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 manifested in their counter-affidavit that they will pay the amount to the petitioner and they are unable to the pay due to “bill was pending with the Division office for want of Budget”, 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. 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 1 (1971) 3 SCC 864 7 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: (a) The respondents are directed to clear the due amount to the petitioner within a period of eight (08) 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/interface with the respondents. (c) With regard to interest, the petitioner is at liberty to approach appropriate forum. (d) 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 SSA 8 135 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.29572 of 2023 Date: 19.02.2026 SSA