APHC010620392025 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: 32121/2025 Between: 1. S R EDIFICE PRIVATE LIMITED, REP. BY ITS DIRECTOR E JANARDHANA RAO, S/O.E RAMAKRISHNAIAH, AGED ABOUT 60 YEARS, OCC.CONTRACTOR, R/O. D.NO.6-120, FLAT NO.504, AUTUMN FIELD APARTMENT, 3RD ROAD, CHALASANI NAGAR, KANURU, PENAMALURU MANDAL, VIJAYAWADA, NTR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF SLDLLS DEVELOPMENT DA TRAINING (TE), SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETAIY, DEPARTMENT OF ROADS AND BUILDINGS DEVELOPMENT,SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETAIY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 4. THE CHIEF EXECUTIVE OFFICER, DEPARTMENT OF SKILLS DEVELOPMENT AND TRAINING (TE),2ND FLOOR, APSRTC HOUSE, 2 DR. NTR ADMINISTRATIVE BLOCK,VIJAYAWADA, NTR DISTRICT, PINCODE. 520 002 5. THE CHIEF ENGINEER RS AND B, R AND B DEPARTMENT, VIJAYAWADA, NTR DISTRICT. 6. THE SUPERINTENDING ENGINEER R AND B, ELECTRICAL CIRCLE, AP.HQS. VIJAYAWADA, NTR DISTRICT. 7. THE EXECUTIVE ENGINEER R AND B, ELECTRICAL DIVISION, GUNTUR, GUNTUR DISTRICT. 8. THE CHIEF EXECUTIVE OFFICER APCFSS, 3RD FLOOR, NIDHI BHAVAN, BEHIND APIIC BUILDING, MANGALAGIRI, GUNTUR DISTRICT, PINCODE. 522503. ...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 of mandamus or any other appropriate writ or direction declaring the action of the Respondents not releasing the Bill Payment of amount of Rs.13,68,165/-, even after finalizing the bills, payable to the petitioner in relation to the works i.e., Repairs/Retrofitting works for the KBR Govt.ITI College Gudiwada in Krishna District, vide Agreement No.65/ 2023- 2024, Dated 11.03.2024 is questioned, as the same is illegal.arbitrary and consequently direct the respondents to pay for payment of amount of Rs. 13,68,165/- with interest 24 percentage per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith and 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 Please to direct the respondents to pay for payment of amount of Rs. 13,68,165/- with interest 24 percentage per annum for the delayed amount to the petitioner in respect of execution of works i.e. Repairs/Retrofitting works for the KBR Govt.ITI College at Gudiwada in Krishna District, vide Agreement No.65/ 2023- 2024, Dated 11.03.2024, forthwith, pending disposal of the Writ Petition and pass 3 Counsel for the Petitioner: 1. MODAPOTHULA SUMALATHA Counsel for the Respondent(S): 1. GP FOR ROADS BUILDINGS 2. GP FOR TECHNICAL EDUCATION 3. GP FOR FINANCE PLANNING The Court made the following: 4 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.32121 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 of mandamus or any other appropriate writ or direction declaring the action of the Respondents not releasing the Bill Payment of amount of Rs.13,68,165/-, even after finalizing the bills, payable to the petitioner in relation to the works i.e., Repairs/Retrofitting works for the KBR Govt.ITI College Gudiwada in Krishna District, vide Agreement No.65/2023-2024, Dated 11.03.2024 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amount of Rs.13,68,165/- with interest 24 percentage per annum for the delayed amount to the petitioner in respect of execution of above- mentioned work forthwith and pass such other order or orders…” 2. Heard Smt.Modapothula Sumalatha, learned counsel for petitioner and learned Government Pleader for respondents. 3. It is narrated in the affidavit filed in support of the writ petition that the respondents herein have entered into agreement with the petitioner and the petitioner herein has executed the work. Despite the same, the respondents have not paid an amount of Rs.13,68,165/-. Hence, the present writ petition has been filed seeking a direction to the respondents to release the bill amounts. 4. Learned Government Pleader for Roads and Buildings furnished written instructions, dated 17.02.2026, (forms part of record), which are extracted hereunder for the benefit of the Court: 5 “…With reference to the subject cited, the agency was completed work of Repairs/Retrofitting works of Govt.ITI College Vijayawada, NTR District. Sub-Work: Rewiring to Electrical Installations and Replacement of RCC/MS Poles and ACSR Conductor in the premises of ITI College, Vijayawada. As per the agreement conditions and M Book pass order for an amount of Rs.19,47,756/- of the bill was completed. At present there is no Budget available for this work and soon after receipt of the budget from government, the payment will be made to the agency.” 5. As seen from the written instructions, it appears that the respondents have not disputed the execution of the work by the petitioner and it is stated that as no budget is available, they are unable to pay the amount and soon after receipt of the budget, the payment will be made to the agency. 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 and they are unable to the pay due as funds are not available, 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 6 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. 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. (b) With regard to interest, the petitioner is at liberty to approach appropriate forum. There shall be no order as to costs. 1 (1971) 3 SCC 864 7 As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 19.02.2026 KBN 8 42 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.32121 of 2025 Date: 19.02.2026 KBN