Extracted from the PDF above. The PDF is authoritative.
APHC010200122026
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] TUESDAY, THE 21st DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 11136/2026 Between:
1. KOTA VENKATESWARLU, S/O. VENKATA RAMAIAH, AGED ABOUT 64 YEARS, OCC BUSINESS, R/O. FLAT NO. 402, PVR RESIDENCY
7TH LANE, MUTHYALAREDDY NAGAR, GUNTUR, GUNTUR DISTRICT. ...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, RURAL WATER SUPPLY AND SANITATION ENGINEERING DEPATMENT SECRETARIAT BUILDINGS, VELAGAPUDI VILLAGE,GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI VILLAGE, GUNTUR DISTRICT. 3. THE SUPERINTENDING ENGINEER, RWS AND S CIRCLE, GUNTUR, GUNTUR DISTRICT. 4. THE EXECUTIVE ENGINEER, RWS AND S CIRCLE, GUNTUR, GUNTUR 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 or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 1 to 4 in not paying the final bill to the petitioner in respect of the Agreement No. /2018-19 dated 25-01-2019 in relation to the work for Augmentation of PWS Scheme to Pandrapadu Village in Kakumanu Mandal, Guntur District, even after approval of the final Bill payable to the petitioner by the respondents 1 to 4 is arbitrary, illegal and in violation of Articles 14 and 19 (1) (g) of the Constitution of India and consequently direct the respondents 1 to 4 to pay the final Bill dated 27- 02-2026 along with interest @ 12 percent to the petitioner and pass
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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 to direct the respondents 1 to 3 to release the payment of undisputed amount of Rs. 61,23,476/- by the respondent No.4 in order to pay the amount to the petitioner, pending disposal of the writ petition and pass
Counsel for the Petitioner:
1. NAGESWARA RAO CHAVA Counsel for the Respondent(S):
1. GP FOR PANCHAYAT RAJ RURAL DEV
2.
GP FOR FINANCE PLANNING
The Court made the following:
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O R D E R This Writ Petition is filed seeking the following relief:
“….to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents 1 to 4 in not paying the final bill to the petitioner in respect of the Agreement No./2018-19, dated 25.01.2019 in relation to the work of Augmentation of PWS Scheme to Pandrapadu Village in Kakumanu Mandal, Guntur District, even after approval of the final bill payable to the petitioner by the respondents 1 to 4, as arbitrary and illegal, and consequently, direct the respondents 1 to 4 to pay the final bill dated 27.02.2026 along with interest @ 12% to the petitioner and pass such other order or orders…”
2. Heard the learned counsel for the Writ Petitioner, learned Assistant Government Pleader for Panchayat Raj and Rural Development representing respondent Nos.1, 3 and 4, and the learned Assistant Government Pleader for Finance and Planning, representing respondent No.2. 3. The Writ Petitioner claims to be a Civil Contractor. The respondent No.3 invited Tenders from the eligible and qualified bidders for Augmentation of PWS Scheme to Pandrapadu Village in Kakumanu Mandal, Guntur District vide Agreement No./2018-19, dated 25.01.2019. The Writ Petitioner filed bid and became the successful bidder in the said tender. The Writ Petitioner entered into agreement with 3rd respondent for completion of the aforesaid contract work. The Writ
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Petitioner executed the work within time. The respondent No.4, after inspecting the work, recorded the measurements of the work done by the Writ Petitioner in M-Book. The respondent No.4 also certified and approved the bill amount payable to the Writ Petitioner and issued pass order dated 27.02.2026 for an amount of Rs.61,23,476/-. Though the Writ Petitioner completed the assigned contract work within time, and though the respondent No.4 made pass order on 27.02.2026 for an amount of Rs.61,23,476/-, the respondent Nos.1 to 3 kept pending the bill without releasing the amount to the Writ Petitioner.
Even the Writ Petitioner approached the respondent authorities on multiple occasions, requesting for payment of pending bill amount of Rs.61,23,476/-, they are not doing so. According to Writ Petitioner, having executed the works satisfactorily, within the prescribed time, non-payment of the bill amount was arbitrary and unjustified. It was further contended that the delay in payment is causing severe financial hardship, necessitating the filing of the present Writ Petition seeking appropriate directions for release of the outstanding amount. 4. Today when the matter is taken up for hearing, learned Assistant Government Pleader for Panchayat Raj and Rural Development, on written instructions received from the Executive Engineer, RWS & S Division, Guntur-4th respondent, submits that the
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Writ Petitioner executed the work as per the Agreement by 24.10.2019. Learned Assistant Government Pleader further submits that the Writ Petitioner is entitled to an amount of Rs.61,23,476/- after statutory deductions such as QC Recovery, Withheld amount etc., aggregating to Rs.9,57,746/-, but the bill could not processed in view of an error ‘Insufficient Funds : Available Budget (0.00)’ is showing in the Nidhi Portal. A letter was addressed to the Engineer in Chief RWS & S Department, Gollapudi, Vijayawada vide Lr.Rc.No.SAI/NABARD Works/ 2026, Dt. 27.02.2026 and 12.06.2026 of the Superintending Engineer, RWS & S Circle, Guntur, for release of funds, and soon after release of funds, the bill amount would be paid to the Writ Petitioner. The written instructions are placed on record. 5.
Having regard to the fact that there is no dispute with regard to the works executed by the Writ Petitioner and the amount payable to him, and in view of the submission of the learned Assistant Government Pleader for Panchayat Raj, the respondent authorities are directed to pay the net amount/admitted amount of Rs.61,23,476/- (Rupees Sixty One Lakhs Twenty Three Thousand Four Hundred and Seventy Six only) to the Writ Petitioner within a period of Three (3) months from the date of receipt of a copy of this order. SRK, J W.P.No.11136 of 2026 6
6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs of the Writ Petition. As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition, shall stand closed. JUSTICE K. SREENIVASA REDDY 21st July, 2026. DNB Whether the Order is: Speaking ✓ Reasoned
Reportable
Non-reportable ✓