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High Court of Andhra Pradesh · body

2026 DAILYLAW 4277 (AP)

M/s. B.A.M.S.M. Constructions, v. The Executive Engineer (R and B),

WP/19466/2025 · 2026-07-02

Ravi Cheemalapati

body2026

Judgment text

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1 Date of reserved for orders : Date of pronouncement :03.07.2026 Date of uploading : 07.07.2026 APHC010378662025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] FRIDAY, THE 3rd DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 19466/2025 Between: 1. M/S. B.A.M.S.M. CONSTRUCTIONS,, SPECIAL CLASS CIVIL CONTRACTORS, H. NO. 44-18-G-1, VISHWA APARTMENTS, PRAKASH NAGAR, KURNOOL, ANDHRA PRADESH, REP. BY ITS REPRESENTED BY ITS MANAGING PARTNER, B. ALEEM MIAH ...PETITIONER AND 1. THE EXECUTIVE ENGINEER R AND B, DIVISION, KURNOOL, GOVERNMENT OF ANDHRA PRADESH, ROADS AND BUILDINGS DEPARTMENT (RAND B) DIVISION, RAJIV VIHAR CENTRE, KURNOOL, KURNOOL DISTRICT, ANDHRA PRADESH. 2. THE SUPERINTENDING ENGINEER, (R AND B) CIRCLE, KURNOOL, GOVERNMENT OF ANDHRA PRADESH, (R AND B) CIRCLE, RAJIV VIHAR CENTRE, KURNOOL, KURNOOL DISTRICT, ANDHRA PRADESH. 3. THE DEPUTY SUPERINTENDING ENGINEER R AND B, CIRCLE, KURNOOL, GOVERNMENT OF ANDHRA PRADESH, (R AND B) CIRCLE, RAJIV VIHAR CENTRE, KURNOOL, KURNOOL DISTRICT, ANDHRA PRADESH. 4. THE COLLECTOR AND DISTRICT MAGISTRATE, O/O OF THE COLLECTOR, COLLECTORATE COMPLEX, KURNOOL, KURNOOL 2 DISTRICT, A.P. 5. THE STATE OF ANDHRA PRADESH, REP. BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT, ROADS AND BUILDINGS DEPARTMENT, A.P. SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH. 6. THE STATE OF ANDHRA PRADESH, REP. BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT, FINANCE DEPARTMENT A.P. SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH. ...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 an appropriate Writ, Order or Direction, more particularly in the nature of MANDAMUS declaring the action of the Respondents in not releasing the Net Bill Amounts coming to Rs. 3,78,80,807- 00/- for the works executed by the Petitioner even though there is no dispute and the bills were approved long back, on the ground of lack of funds, as arbitrary, capricious, unjust, unfair, contrary to public policy, and illegal and consequently direct the Respondents to pay the said amount to the Petitioner forthwith along with interest @ 12percent p.a., from the date of approval of the bills till date of payment following the judgment of this Honble High Court in the case of Kathupalli Venkata Sowmya Vs. The State of Andhra Pradesh and ors., W.P. no. 2511 of 2021, dated 22-03-2022, 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 directed to release the Net Bill amounts coming to Rs. 3,78,80,807-00/- for the works executed by the Petitioner for them along with interest @ 12% p.a., from the date of approval of the said bills till date of payment, forthwith and pass Counsel for the Petitioner: 1. G NARENDRA CHETTY 3 Counsel for the Respondent(S): 1. GP FOR ROADS BUILDINGS 2. GP FOR FINANCE PLANNING The Court made the following order: Aggrieved by the non-payment of bill amounts to the petitioner in relation to the completed works, the present writ petition is filed. 2. Heard Sri Abdul Rasheed, learned Assistant Government Pleader for Roads & Buildings Department. No representation for the petitioner. 3. Learned Assistant Government Pleader on counter submitted that, the authorities have admitted to pay the net amount to the petitioner after making statutory deductions and accordingly sought six(06) months time for such payment. 4. Taking into consideration the above submission, as the authorities are ready to pay the entitled net amount to the petitioner, this court is inclined to dispose of the writ petition, at the admission stage with the following direction: The respondents are directed to release the legally admitted/entitled net amount to at the earliest, and at any rate, within a period of six(06) months from the date of receipt of copy of this order. 4 Accordingly, the writ petition is disposed of. No costs. Miscellaneous applications, pending if any, shall stand closed. _________________________ JUSTICE RAVI CHEEMALAPATI 03.07.2026 BRS Whether the order is: Speaking Reasoned Reportable Non-reportable