APHC010723302025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] MONDAY, THE TWENTY THIRD DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 350/2026 Between: 1. SRI LAKSHMI TRACTORS, REGISTERED OFFICE AT BLOCK NO. 3, PLOT NO. 87 NEW AUTO NAGAR, KANURU, VIJAYAWADA, KRISHNA DISTRICT, REP. BY ITS MANAGING PARTNER, SRI KODALI SUBHASH, S/O. K. RAVI KUMAR, CONTRACTOR, AGED ABOUT 39 YEARS. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, MINES AND GEOLOGY DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. REP. BY ITS PRINCIPAL SECRETARY. 2. THE JOINT COLLECTOR, , KRISHNA AND EX-OFFICIO EXECUTIVE DIRECTOR, M/S. APMDC LTD., 3. THE DISTRICT SAND OFFICER, APMDC, VIJAYAWADA. 4. THE VICE CHAIRMAN AND MANAGING DIRECTOR, APMDC LTD., DOOR NO. 294/1D, 100 FEET TADIGADAPA TO ENIKEPADU ROAD, KANURU VIJAYAWADA, KRISHNA DISTRICT, ANDHRA PRADESH 521 137. 5. THE DEPUTY DIRECTOR, MINES AND GEOLOGY, VIJAYAWADA. 6. THE GENERAL MANAGER, FINANCE APMDC LTD., ...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 topleased to issue a Writ of MANDAMUS, declaring the action of the Respondents herein in not making payment of Final Bill pertaining Agreement No. APMDC/DSO/KRI/2021/138 dated 18.06.2021 for a final bill amount of 2 Rs.22,99,307/- and to return of performance security deposit for an amount of Rs.4,00,000/- by way of DD to APMDC Ltd., executed between the Petitioner and 2nd Respondent herein, basing upon the Contract Final Bill issued in that regard, as illegal, arbitrary and violative of Article 14 and 19(1)(g) of the Constitution of India and consequently direct the Respondents herein to make payment of the final bill to the Petitioner in respect of the above said agreement forthwith and to pass IA NO: 1 OF 2026 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 make payment in respect to Agreement No. APMDC/DSO/KRI/2021/138 dated 18.06.2021 for a final bill amount of Rs. 22,99,307/- and to return of performance security deposit for an amount of Rs.4,00,000/- by way of DD to APMDC Ltd., executed between the Petitioner and 2nd Respondent herein pending disposal of the above Writ Petition and pass Counsel for the Petitioner: 1. VENKAT CHALASANI Counsel for the Respondent(S): 1. GP FOR MINES AND GEOLOGY The Court made the following ORDER: This Writ Petition under Article 226 of the Constitution of India is filed for the following relief: “……..declaring the action of the Respondents herein in not making payment of Final Bill pertaining Agreement No. APMDC/DSO/KRI/2021/138 dated 18.06.2021 for a final bill amount of Rs.22,99,307/- and to return of performance security deposit for an amount of Rs.4,00,000/- by way of DD to APMDC Ltd., executed between the Petitioner and 2nd Respondent herein, basing upon the Contract Final Bill issued in that regard, as illegal, arbitrary and violative of Article 14 and 19(1)(g) of the Constitution of India and consequently direct the Respondents herein to make payment of the final bill to the Petitioner in respect of the above said agreement forthwith and to pass…….” 2. Heard Smt. B. Tapaswi, learned counsel assisted by Ms. R. Manju, learned counsel representing the learned counsel for the petitioners, Sri N. 3 Jeevan Kumar, learned Standing Counsel for respondent Nos.3, 4 & 6 and learned Assistant Government Pleader for Mines & Geology appearing for respondent Nos.1, 2 and 5. Perused the material available on record. 3. According to the learned counsel for the petitioners, the petitioner entered into contract vide agreement No.APMDC/DSO/KRI/2021/138 dated 18.06.2021 with the respondent Corporation. He further submits that after completion of works, the petitioner raised invoice dated 17.05.2021 for an amount of Rs.22,99,307/-, which is pending before the 4th respondent Corporation. 4. Learned counsel submits that despite the petitioner’s repeated requests with regard to bill payment, the 4th respondent Corporation has not at all redressed the same, thereby causing serious prejudice to the petitioner's vested rights. Hence, the writ petition. 5. On the other hand, the learned Standing Counsel for respondent Nos.3, 4 & 6, submits that it is true that the petitioner raised final bill for an amount of Rs.22,99,307/- towards agreement No.APMDC/DSO/KRI/2021/138 dated 18.06.2021. He further submits that the 4th respondent Corporation constituted a committee to resolve the issues relating to pending payments pertaining to sand operations and the said committee needs to verify the volume of records for making a decision. He also states that the 4th respondent may be granted four months' time to complete the process and to release the amounts as indicated by the appointed committee with regard to the claim of the petitioner. 4 6. Considering the submissions made by both the counsel and in view of the undisputed position with regard to the work executed by the petitioner and also the committee constituted by the 4th respondent to redress the claims, the writ petition is disposed of with the following directions:- i. The Committee constituted by the 4th respondent is hereby directed to submit its consolidated report with regard to the claim of the petitioner, within a period of four weeks, from the date of receipt of copy of this Order. ii. Based on the said committee report, the 2nd respondent is directed to release the appropriate amounts in favour of the petitioner and communicate the same to the petitioner, within a period of two weeks, thereafter. iii. It is needless to mention that if the petitioner has any grievance over the committee report or evaluation, it is at liberty to challenge the same before the appropriate forum, in accordance with law. 7. Accordingly, the writ petition is disposed of. There shall be no order as to costs. Miscellaneous petitions, if any, in this writ petition shall stand closed. _______________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 23.03.2026 GVK 5 114 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No.350 of 2026 Date: 23.03.2026 GVK