APHC010696202025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY, THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 36014/2025 Between: 1. M/S. MANJEET PLASTIC INDUSTRIES, PLOT NO.336, SECTOR- 17, HSIIDC, BAHADURGARH, HARYANA. REPRESENTED BY ITS PROPRIETOR, MANJEET KAPOOR ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPT, OF SCHOOL EDUCATION, SECRETARIAT BUILDING, VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPT, OF FINANCE, SECRETARIAT BUILDING, VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH. 3. SAMAGRA SHIKSHA, REP. BY THE STATE PROJECT DIRECTOR, HAVING OFFICE AT KBC BOYS HIGH SCHOOL PREMISES. OPPOSITE RYTHU BAZAR, PATAMATA, VIJAYAWADA, KRISHNA DISTRICT, ANDHRA PRADESH- 520010. ...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 Respondents in not paying the admitted pending dues of the Petitioner of Rs. 17,51,30,202 (Rupees Seventeen Crore Fifty One Lakh Thirty Thousand 2 Two Hundred and Two only) along with an interest of Rs. 2,62,69,530/- (12percent per annum) from 18.08.2024 i.e. after the 45 days from the date of the last invoice to the Petitioner herein pursuant to the successful completion of supply in connection with Work Order No. Lr. Rc. No. SS- 16021/68/2023-CMO SEC-SSA-5 dated 15.03.2024 issued in terms of the Government Order being G.O. Ms. No. 2 dated 10.01.2024 and tender agreement dated 20.03.2024 as illegal, arbitrary, violative of Articles 14 and 19(1 Kg). Constitution of India and consequently direct the Respondents herein to pay the petitioner an amount of Rs. 17,51,30,202 along with an interest of Rs. 2,62,69,530/- (12percent per annum) from 18.08.2024 i.e. after the 45 days from the date of the last invoice and pass such other order. 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 to direct the Respondents to pay the Petitioner the admitted pending dues of the Petitioner of Rs.17,51,30,202 (Rupees Seventeen Crore Fifty One Lakh Thirty Thousand Two Hundred and Two only) Petitioner herein pursuant to the successful completion of supply in connection with Work Order No.Lr.Rc.No.SS-1602i/68/2023-CMO SEC- SSA-5 dated 15.03.2024 in terms of the Government Order being G.O. Ms. No. 2 dated 10.01.2024 and tender agreement dated 20.03.2024; and pass such other order. Counsel for the Petitioner: 1. VARUN BYREDDY Counsel for the Respondent(S): 1. RAGHU BABU KALAMATA SC For Samagra Siksha 2. GP FOR SCHOOL EDUCATION 3. GP FOR FINANCE PLANNING The Court made the following: 3 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.36014 of 2025 ORDER: 1. The present Writ Petition is filed questioning the action of Respondents in not releasing the amount of Rs.17,51,30,202/- along with interest @ 12% per annum for supply of School Bags as per Work Order vide Lr.Rc.No.SS-16201/68/2023-CMO SEC-SSA-5, dated 15.03.2024 issued in terms of G.O.Ms.No.2 dated 10.01.2024 and Tender Agreement dated 20.03.2024, as illegal and arbitrary. 2. Respondent No.3 had issued Work Order vide Lr.Rc.No.SS-16201/68/2023-CMO SEC-SSA-5, dated 15.03.2024 to the Petitioner for supply of School Bags to the students studying Class I to X in all Government Management Schools for the Academic Year 2024-25 under the scheme “Jagananna Vidya Kanuka”. The Petitioner was declared as the successful bidder and had supplied the School Bags in terms of the above Work Order. The Petitioner supplied 6,38,798 units at a cost of Rs.17,43,40,750/- and an additional quantity of 2,893 bags were ordered. A satisfactory Work Completion Certificate was also issued on 20.03.2024. 3. In the Counter-Affidavit by Respondent No.3, there is no dispute with regard to the supply of School Bags as per the Work Order. The relevant portion of the Counter-Affidavit is extracted below; 4 “9. I humbly submit that this answering respondent submitted the entire bills of the student kit supplied for the year 2024-25 vide Letter Rc.No.SS-16021/68/2023-CMO-SEC-SSA, dated 12.07.2024 and 14.09.2025, seeking administrative sanction. Accordingly, Government vide G.O.Ms.No.1, School Education (Prog.II) Department, Dated 19.01.2026 accorded administrative sanction. I humbly submit that as stated supra, as soon as these answering respondents receives the amount, after due verification of the delivery challans, based on the data uploaded in the app and as well as in terms of the tender conditions and agreement clauses, reconciliation will be conducted with the petitioner and the payment shall be made to the petitioner. 10. I humbly submit that as stated supra as the Government has accorded administrative sanctions, this answering respondent has submitted the bills to the respondent no.2, token numbers were raised and same are pending for clearance, which shall take minimum of 8 weeks. Thus, unless the respondent no.2 releases the amount, these answering respondent could not release the payment and so far as the claim of interest is concerned, since there was a delay in getting administrative sanction from the Government which is purely on the administrative grounds, the writ petitioners cannot claim the interest on the delayed payment. Thus, the petitioner herein has not warranted any grounds against these answering respondents for the interference of the Hon’ble High Court, and the writ petition is liable for dismissal against these answering respondents.” 5 4. The learned counsel for the Petitioner seeks for grant of 12% per annum interest on the admitted amounts. It is further submitted that due to the non-payment of dues to the Petitioner, the Petitioner is suffering from severe stress caused by the suppliers of raw material. 5. Heard the respective counsels. 6. Taking note of the submissions made by both the counsels, the Writ Petition is disposed of with the following directions: i) The Respondents are directed to disburse the admitted principal amount due to the Petitioner, as expeditiously as possible, preferably within a period of three (3) months from the date of receipt of a copy of this order; ii) The Respondents are also directed to examine the claim of interest on delayed payments to the Petitioner independently taking note of the business practices; iii) No order as to costs. . 7. As a sequel, pending applications, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 10.02.2026 IS 6 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.36014 of 2025 Dated: 10.02.2026 IS