APHC010167852026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] WEDNESDAY,THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 9241/2026 Between: 1. C AND IG MISSION EMMANUEL TELUGU CHURCH DEVELOPMENT SOCIETY, REP.BY ITS SECRETARY THUMMALAPALLI MALLEM SUKEERTHI, S/O T. M. SUNDARAIAH, AGED ABOUT 75 YEARS, D.NO. 1-113-1 A, ADAPALA STREET, KADIRI TOWN AND MANDAL, ANANTHAPURAM DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT MINORITIES WELFARE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI,GUNTUR DISTRICT- 522237 2. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, A.P SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT - 522237 3. THE ANDHRA PRADESH COMPREHENSIVE FINANCIAL MANAGEMENT SYSTEM CFMS, 6TH FLOOR, C BLOCK, ANJANEYA TOWERS, IBRAHIMPATNAM, KRISHNA DISTRICT, REP. BY ITS CHAIRMAN 521456 4. THE COMMISSIONER, MINORITIES WELFARE DEPARTMENT, TADEPALLI, GUNTUR DISTRICT -522501. 5. THE MANAGING DIRECTOR, ANDHRA PRADESH STATE CHRISTIAN MINORITIES FINANCE CORPORATION, TADEPALLI, GUNTUR DISTRICT - 522501 6. THE DIRECTOR OF MINORITIES WELFARE DEPARTMENT, 2 TADEPALLI, GUNTUR DISTRICT - 522501 7. THE ASSISTANT DIRECTOR, DISTRICT MINORITIES WELFARE OFFICE, SRI SATHYA SAI DISTRICT - 515134. 8. THE DISTRICT MINORITY WELFARE OFFICER, ANANTHAPURAMU DISTRICT, ANANTHAPUR- 515001 NOW SATYA SAI DISTRICT 9. THE DISTRICT COLLECTOR, ANANTAPURAM DISTRICT ANANTHAPUR -515001, NOW SATYA SAI DISTRICT 10. THE KADIRI MUNICIPALITY, REP.BY ITS COMMISSIONER, KADIRI, ANANTHAPURAM DISTRICT - 515591 NOW SATYA SAI DISTRICT 11. THE MANDAL PARISHAD DEVELOPMENT OFFICER, KADIRI, ANANTHAPURAM DISTRICT - 515591 NOW SATYA SAI DISTRICT. 12. THE EXECUTIVE ENGINEER, AP STATE COOPERATIVE RURAL IRRIGATION CORPORATION (APSCRIC) ANANTHAPURAMU DIVISION, ANANTHAPUR- 515001. ...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 in not paying the admitted due amount of Rs. 20,00,000/- (Rupees Twenty Lakhs Only) payable to petitioner in relation to Work Construction of first floor of existing church of CIG Missions Emmanuel Telugu Church at Kadiri Town, Ananthapur District, now Sri Satya Sai District, executed for 12 Respondent by the petitioner herein under Agreements Bearing No. 1/EE/APSCRIC/ANTP/2023-24, dated 14-07-2023 even after finalizing the bills, as illegal, arbitrary, unconstitutional and consequently direct the respondents herein immediately to pay the due amount of Rs.20,00,000/- (Rupees Twenty Lakhs Only) payable to the petitioner in relation to Work executed for 12th Respondent under Agreements Bearing No. 1/EE/APSCRIC/ANTP/2023-24, dated 14-07-2023 and pass 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 to direct the Respondents herein to release the due amount of Rs.20,00,000/- (Rupees Twenty Lakhs Only) payable to the petitioner in relation to Work executed for 12th Respondent under Agreements Bearing No. 1/EE/APSCRIC/ANTP/2023-24, dated 14-07-2023 within a stipulated time frame and pass 3 Counsel for the Petitioner: 1. VENKATA DURGA RAO ANANTHA Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GUDAPATI LAKSHMI NARAYANA 3. U KANAKA RAJU 4. GP FOR SOCIAL WELFARE 5. GP FOR FINANCE PLANNING The Court made the following: 4 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 9241 of 2026 ORDER:- The instant writ petition has been filed by the petitioner under Article 226 of Constitution of India seeking the following main prayer: “….to issue a writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not paying the admitted due amount of Rs. 20,00,000/- (Rupees Twenty Lakhs Only) payable to petitioner in relation to Work Construction of first floor of existing church of CIG Missions Emmanuel Telugu Church at Kadiri Town, Ananthapur District, now Sri Satya Sai District, executed for 12 Respondent by the petitioner herein under Agreements Bearing No. 1/EE/APSCRIC/ANTP/2023- 24, dated 14-07-2023 even after finalizing the bills, as illegal, arbitrary, unconstitutional and consequently direct the respondents herein immediately to pay the due amount of Rs.20,00,000/- (Rupees Twenty Lakhs Only) payable to the petitioner in relation to Work executed for 12th Respondent under Agreements Bearing No. 1/EE/APSCRIC/ANTP/2023-24, dated 14-07-2023 and pass….” 2. The sum and substance of the writ petition is that the petitioner challenged the inaction of the respondents in not releasing the amounts even after completion of the entire works entrusted to him. 3. Heard learned counsel for the petitioner and learned Standing Counsel for respondents. 4. Learned counsel for the petitioner, while reiterating the averments made in the writ affidavit, submits that in view of the non-release of the admitted amounts, the petitioner is facing multifarious problems, physically and fiscally. Hence, he submits that the release of the amounts is just and essential. 5. On the other hand, learned Standing Counsel for the respondent Corporation, places a copy of the written instructions dated 23.04.2026 issued 5 by the concerned authority of the Corporation and submits that six months’ time may be granted for paying the admitted amount of Rs.20,00,000/- to the petitioner. 6. Since it is not in dispute that the petitioner completed the works and has yet to receive payment, this Court finds the respondents’ failure to pay is unjustified. However, taking into consideration of the ground realities to settle the admitted amounts, the respondents are granted rational time to settle the dues. 7. Recently the Hon’ble Supreme Court of India held in Utkal Highways Engineers and Contractor Vs Chief General Manager and Others1, in vivid terms categorically in the following manner. “8. Be that as it may, the High Court has not dealt with the merits of the writ petition. Moreover, it is not an inviolable rule that no money claim can be adjudicated upon in exercise of writ jurisdiction…..” 8. It is apt to note that a mere financial incapacity/poor financial conditions, as stated by the respondent Corporation, for non-releasing of amounts after utilising the services of the petitioner, cannot be a ground. 9. In view of the above stated legal position, the respondent Corporation, being the instrumentality of the ‘State’ within the meaning of Article 12 of the Constitution of India, is bound to release the amount for the undisputed works done by the petitioner, without any further delay. A mere financial incapacity or 1 (2025) SCC Online SC 1400 6 paucity of funds cannot be a valid defence for non-fulfilment of such statutory obligations, more particularly, when the works executed by the petitioner are admitted by the respondent Corporation. 10. So far as the interest portion is concerned, the Hon’ble Division Bench of this Court in the case of Managing Director & Ors. Vs. Sree Balaji Constructions & Ors. (Writ Appeal No.60 of 2025) held that the award of interest on delayed payments was unsustainable in the absence of specific terms and conditions of the relevant agreement between the parties, but in the instant case, the learned counsel for the petitioner has not touched on the said point. However, the Hon’ble Division Bench in similar circumstances made it clear that the parties are at liberty to pursue their claims before an appropriate forum in accordance with the Law. 11. In the light of the above legal position, coupled with the fact that the liability for the undisputed works was admitted by the respondents, the writ petition is disposed of with a direction to the respondents to release the amount payable to the petitioner, within a period of six (06) months, from the date of receipt of copy of this order. It is needless to say that the petitioner is at liberty to approach the appropriate civil court with regard to interest, if so advised. There shall be no order as to costs. Miscellaneous petitions pending, if any, shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 06.05.2026 PBS 7 67 THE HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No.9241 of 2026 Date: 06.05.2026 PBS