APHC010658742023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] MONDAY, THE SECOND DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 527 of 2024 Between: 1. BADUGU VIJAYABHASKARARAO,, S/O. BADUGU PEDAPANDU, AGED ABOUT 34 YEARS, OCC.CONTRAETOR, R/O. H. NO. 3-64, INDIRA GANDHI VEEDHI, VEDIRESWARAM, RAVULAPALEM, DR BR AMBEDKAR KONASEEMA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPLE SECRETARY ROADS AND BUILDINGS (R AND B) DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, THULLUR MANDAL, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, THULLUR MANDAL, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, (R AND B) AMALAPURAM, DR BR AMBEDKAR KONASEEMA DISTRICT. 4. THE EXECUTIVE DIRECTOR, ONGC, RAJAMAHENDRAVARAM, RAJAMAHENDRAVARAM DISTRICT. 5. THE CHIEF MANAGER, (HR), EOA, ONGC, RAJAMAHENDRAVARAM, RAJAMAHENDRAVARAM DISTRICT. 6. THE SUPERINTENDING ENGINEER, R AND B CIRCLE, KAKINADA, KAKINADA DISTRICT. 7. THE EXECUTIVE ENGINEER R AND B, (R AND B) DIVISION, AMALAPURAM, DR BR AMBEDKAR KONASEEMA 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 a Writ, Order, or Direction more particularly one in the nature of WRIT OF MANDAMUS or any other appropriate writ or direction declaring the action of the respondents in not releasing total payment of Rs. 7,76,482/- vide M. Book No. 3989 AA, even after finalizing the bills, payable to the petitioner in relation to the works i.e.. Urgent Repairs to Godavari Barrage Road from Km 0.00 to 6.377 (working Reach 3.565 to 3.765) Bobbaralanka (Embankament) in Dr. Br Ambedkar Konaseema District, vide Agreement 2023-24 dated 15.07.2023, as illegal,arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondent authorities to release Rs. 7,76,482/- interest @ 6 percent per annum, in view of the judgment of the Hon'ble Division Bench of this Court in Writ Appeal No.724 of 2021 and batch dated 12.10.2023 for the pending final bills forthwith for the above said works executed by the petitioner and to pass Counsel for the Petitioner: 1. ANNAMNEEDI BALAKRISHNA Counsel for the Respondent(S): 1. GP FOR ROADS BUILDINGS (AP) 2. GP FOR FINANCE PLANNING (AP) The Court made the following: Order: This Writ Petition is filed to direct the respondents to release the amount of Rs.7,76,482/- in relation to the work executed i.e., Urgent Repairs to Godavari Barrage Road from Km 0.00 to 6.377 (working Reach 3.565 to 3.765) Bobbaralanka (Embankment) in Dr. Br Ambedkar Konaseema District, vide Agreement 2023-24 dated 15.07.2023 and also to direct the respondents to pay the interest @ 6% per annum over an amount of Rs. 7,76,482/-. 2. The learned Assistant Government Pleader for Roads and Buildings Department has placed written instructions addressed by the 7th respondent- Executive Engineer (R&B Department) dated 27.01.2025 to the office of the Government Pleader for Roads and Buildings Department. The written instructions of the 7th respondent would indicate that the petitioner has executed work entrusted to him. However, it is stated that the payment was not done due to LOC requirement. 3. The respondents have admitted in the written instructions that the petitioner has executed the work entrusted to him. 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 to due to LOC requirement. 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 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. 3. 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 six (06) 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. As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed. ______________________________ TARLADA RAJASEKHARA RAO, J Date:02.02.2026 JAK 48 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHARA RAO WRIT PETITION NO: 527 of 2024 Date:02.02.2026 JAK HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MAIN CASE No: W.P. No. 527 of 2024 PROCEEDING SHEET Sl. No. DATE ORDER OFFICE NOTE 07. 02.02.2026 TRR, J This Writ Petition is disposed of. (Vide Separate Order) ______ TRR, J JAK