APHC010641572025 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: 33325/2025 Between: 1. SSRR CONSTRUCTIONS, REP. BY ITS MANAGING DIRECTOR POLI SUBBAREDDY, S/O LATE POLI SUBBARAMI AGED ABOUT 55 YEARS, OCC. BUSINESS, NGO COLONY, CHINNACHOWK, CUDDAPAH, YSR KADAPA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, ROADS AND BUILDINGS DEPARTMENT, SECRETRAIT BUILDING, VELGAPUDI, AMARAVATHI. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, AP SECRETARIAT, VELAGAPUDI, AMARAVATHI-523238. 3. THE EXECUTIVE ENGINEERRANDB, NH DIVISION, KADAPA Y.S.R. KADAPA DISTRICT. 4. THE DEPUTY EXECUTIVE ENGINEER, (RANDB) NH, SUB DIVISION, TIRUPATI. ...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, declaring the action of the of the respondents and in 2 nonpayment of dues Rs. 28,28,257/- pertaining to the work of FDR to the road from KM 64/0 to 73/0 of Renigunta- kadapa road NH-716 inn the stater of Andhra Pradesh(By H.M.P)..., executed under Agreement No.35/2022-23, even after submission of bill which is illegal, arbitrary and Violation of Art.14, Art.15, Art.19(1)(g), Art.21, Art.23 and Art.300A of Constitution of India and violation of clause and 68 and 69 of AP Standard Specifications and consequently direct the respondents to pay dues of Rs. 28,28,257/- pertaining to the work FDR to the road from KM 64/0 to 73/0 of Renigunta- kadapa road NH-716 inn the stater of AndhraPradesh(By H.M.P) executed under Agreement No.35/2022-23 along with 12percentage Interest from the date of expiry of one month from the date of submission of bill to till the date of payment 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 consider and process the ayment of dues of Rs.28,28,257/- pertaining to the work FDR to the road from KM 64/0 to 73/0 of Renigunta-kadapa road NH-716 inn the stater of Andhra Pradesh(By H.M.P).... executed under Agreement No.35/2022-23, expeditiously within 4 weeks pending final disposal of the Writ petition pending disposal of the above writ petition pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. RAMALAKSHMANA REDDY SANEPALLI 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.33325 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, declaring the action of the respondents and in nonpayment of dues Rs.28,28,257/- pertaining to the work of FDR to the road from KM 64/0 to 73/0 of Renigunta-kadapa road NH-716 in the State of Andhra Pradesh(By H.M.P)..., executed under Agreement No.35/2022-23, even after submission of bill which is illegal, arbitrary and violation of Art.14, Art.15, Art.19(1)(g), Art.21, Art.23 and Art.300A of Constitution of India and violation of clause and 68 and 69 of AP Standard Specifications and consequently direct the respondents to pay dues of Rs.28,28,257/- pertaining to the work FDR to the road from KM 64/0 to 73/0 of Renigunta-kadapa road NH-716 in the State of Andhra Pradesh(By H.M.P) executed under Agreement No.35/2022-23 along with 12 percentage interest from the date of expiry of one month from the date of submission of bill to till the date of payment and to pass such other order or orders…” 2. Heard Sri S.Rama Lakshmana Reddy, learned counsel for petitioner and learned Government Pleader for respondents. 3. The short grievance of the petitioner in the present writ petition is that the petitioner executed the work under Agreement No.35/2022-23, dated 30.01.2023, i.e., FDR to the road from KM 64/0 to 73/0 of Renigunta-Kadapa Road NH-716 in the State of Andhra Pradesh (By H.M.P). Despite execution of work, the respondents have not released the due amount to the petitioner. Hence, the present writ petition has been filed. 4 4. Learned Government Pleader for Roads and Buildings filed counter- affidavit and admitted that the petitioner is entitled for gross amount of Rs.33,08,856/- and after statutory deductions net amount of Rs.28,28,257/-. Upon receipt of budget from the Government, payment will be made to the petitioner. 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 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 dues as funds 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 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 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 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 ten (10) 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. There shall be no order as to costs. 1 (1971) 3 SCC 864 6 As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 19.02.2026 KBN 7 54 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.33325 of 2025 Date: 19.02.2026 KBN