APHC010594722025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] WEDNESDAY, THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 30933/2025 Between: 1. MAHENDRA CONSTRUCTIONS, REP. BY ITS PROPRIETOR, R.RAJABABU S/O RAMUDU AGED ABOUT 39 YEARS, OCC. CONTRACTOR, R/O D.NO 2-90, CHINAPETA VILLAGE, ATHREYAPURAM 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, WEST GODAVARI DISTRICT, BHIMAVARAM. 3. THE ENGINEER IN CHIEFMDR ROADS AND BUILDING DEPARTMENT R AND B BHAVAN, VIJAYAWADA, NTR DISTRICT. 4. THE SUPERINTENDING ENGINEER R AND B CIRCLE ELURU, ELURU DIST (EARLIER WEST GODAVARI DISTRICT.) 5. THE EXECUTIVE ENGINEER R AND B DIVISION BHIMAVARAM, WEST GODAVARI DISTRICT. 6. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, 2 SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI. ...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, Order or direction more particularly one in the nature of Writ of Mandamus to declaringthe high handed action on the part of the respondents herein, not releasing and pay the bill amounts for 2 works total amount of Rs. 49,49,030/-(Rs. 22,92,518/- plus Rs.26,56,512/-(Gross) with interest to the petitioner even though works were 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 for 2 works total amount of Rs. 49,49,030/-(Rs.22,92,518/- plus Rs.26,56,512/-(Gross) with interest 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 Pleased to direct the respondents to release and pay the bill amounts for 2 works total amount of Rs. 49,49,030/-(Rs.22,92,518/- plus Rs.26,56,512/- (Gross) with interest to the petitioner forthwith, pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. BOKKA SATYANARAYANA KAMLA Counsel for the Respondent(S): 1. GP FOR ROADS BUILDINGS 2. GP FOR FINANCE PLANNING The Court made the following: 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.30933 OF 2025 ORDER: The present 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 to declaring the high handed action on the part of the respondents herein, not releasing and pay the bill amounts for 2 works total amount of Rs.49,49,030/-(Rs.22,92,518/- plus Rs.26,56,512/-(Gross) with interest to the petitioner even though works were 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 for 2 works total amount of Rs.49,49,030/- (Rs.22,92,518/- plus Rs.26,56,512/-(Gross) with interest to the petitioner forthwith, and to pass such other order or orders…” 2. Heard Sri Bokka Satyanarayana Kamla, learned counsel for petitioner and learned Government Pleader for respondents. 3. Precisely, the writ petition is filed challenging the action of the respondents in withholding an amount of Rs.49,49,030/- towards the works executed by the petitioner. 4. It is asserted in the affidavit filed in support of the writ petition that the Government of Andhra Pradesh by G.O.Rt.No.53, dated 18.09.2024, accorded administrative sanction for execution of works ‘urgent repairs to Chilukuru to Garagaparru road’ from Km.1.1002 to 3.000 and ‘Mogallu- Garagaparru road’ from 0.000 to 4.330 in West Godavari District. Later, the R&B authorities invited tenders for execution of the said works and the 4 petitioner is the tenderer. Subsequently, the petitioner entered into agreement with the respondents and completed the works as per the agreement. However, the respondents have not paid the bill amount till date. Hence, present writ petition has been filed. 5. Learned Government Pleader for respondents furnished written instructions and it is stated that the LS 1st & Final bill for the work of ‘urgent repairs to Chilukuru to Garagaparru road’ from km 1.100 to 3.000 in West Godavari District’ was uploaded vide bill No.2025-584905, and the bill is waiting for funds clearance and for the work of ‘urgent repairs to Mogallu- Garagaparru road from km 0.000 to 4.330 in West Godavari District’ was uploaded vide Bill No.2025-504472 and the bill is waiting for funds clearance. 6. 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 had held that where dispute revolves round questions of fact, the matter ought not be entertained under Article 226 of the Constitution of India. 7. 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. Once the work executed by the petitioner to the respondents is 5 admitted, the payment due to the petitioner is not disputed by the respondents, there was hardly any 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. 8. 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 adhering to the letter and spirit of Articles 14 and 21 of the Constitution of India. 9. 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. 1 (1971) 3 SCC 864 6 (b) 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, miscellaneous petitions pending, if any, shall stand closed. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 28.01.2026 KBN 7 85 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.30933 of 2025 Date: 28.01.2026 KBN