APHC010566302025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] TUESDAY, THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.29419 of 2025 Between: 1. M JANARDHAN REDDY, S/O M.SUBBARAMI REDDY CONTRACTOR, D.NO. 3/66, OBULAREDDYPETA VILLAGE, CHAPADU MANDAL, YSR KADAPA DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF ROADS AND BUILDINGS DEVELOPMENT SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI,GUNTUR DISTRICT. 2. THE STATE OF ANDRA PRADESH, REP BY ITS PRINCIPAL SECRETARY DEPARTMENTOF FINANCE AND PLANNING SECRETARIAT BUILDINGS VELAGAPUDI AMARAVATI GUNTUR. 3. THE CHIEF ENGINEER ROADS AND BUILDINGS, STATE HIGHWAYS AND MANAGING DIRECTOR AP ROAD DEVELOPMENT CORPORATION, ROOM NO.502,5TH FLOOR ,STATE BUILDING M.G ROAD, LOBBIPET, VIJAYAWADA - 520010 4. THE DISTRICT COLLECTOR, YSR KADAPA DISTRIC 5. THE SUPERTENDING ENGINEER, ROADS AND BUILDINGS CIRCLE, YSR KADAPA DISTRICT. 6. THE EXECUTIVE ENGINEER, ROADS AND BUILDINGS, DIVISION ,PRODDUTUR. 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 an appropriate Writ, order or direction more 2 particularly one in the nature of Writ of Mandamus, declaring the action of Respondents in not releasing of the bill amounts admittedly due to the petitioner despite successful completion of works as per the details mentioned pursuant to the works Repairs to Road to Road Urgent Repairs to road from Km 0/0 to 2/350 of CK Road to Ramsai nagar (via)Pedda Bakarapuram ,Chinna Bakarapuram road in YSR District., towards M Book No.4038-A and 4676-Avide Agreement no. 136/2023- 24 and Suplemental Agreement No.l63/2024-25 for an amount of Rs.24,84,193/- (Twenty four lakhs eighty four one hundred and ninety three rupees only) together with interest @18percentage per annum in respect of work pending disposal of the above writ petition. Counsel for the Petitioner: 1. AKKEM SRIHARIVIRAT Counsel for the Respondent(S): 1. GP FOR ROADS BUILDINGS 2. GP FOR REVENUE 3. 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 an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of Respondents in not releasing of the bill amounts admittedly due to the petitioner despite successful completion of works as per the details mentioned pursuant to the works Repairs to Road to Road Urgent Repairs to road from Km 0/0 to 2/350 of CK Road to Ramsai nagar (via)Pedda Bakarapuram ,Chinna Bakarapuram road in YSR District., towards M Book No.4038-A and 4676-Avide Agreement no.136/2023-24 and Suplemental Agreement No.l63/2024-25 for an amount of Rs.24,84,193/- (Twenty four lakhs eighty four one hundred and ninety three rupees only) together with interest @ 18 percentage per annum in respect of work pending disposal of the above writ petition and pass such other orders……" 2. Precisely, the present Writ Petition is filed to direct the respondents to pay the amount withheld by the respondents for the work executed by the petitioner. 3. The 6th respondent-Executive Engineer, R&B Division, Proddutur, has addressed a letter dated 02.02.2026 to the learned Government Pleader (R&B) Department. The said written instructions clearly spells out the execution of work by the petitioner and it is stated in the written instructions dated 02.02.2026 that the amount administratively sanctioned for Rs.34,00,000/- vide reference dated 07.02.2024, the work was entrusted to Sri M.Janardhan Reddy, who is the petitioner herein on tender basis and an agreement was created in NIDHI portal, and final bill was submitted for gross amount of Rs.27,55,967/- and the 4 same was transmitted to APAO (W&A), Pulivendula vide CFMS Bill No.2025-2322882 and the bail is approved and waiting for fund clearance. 4. 4. 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 clearance 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. 5. 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 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. 6. In view of the above, the present Writ Petition is disposed of with the following directions: 5 (a) The respondents are directed to clear the due amount to the petitioner within a period of six (6) 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: 03.02.2026 Siva/JAK 6 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.29419 of 2025 Date: 03.02.2026 Siva/JAK