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2026 DAILYLAW 7183 (AP)

Vadde Naresh, v. A P Education and Welfare Infrastructure

WP/15953/2026 · 2026-08-13

Venkateswarlu Nimmagadda

body2026

Judgment text

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APHC010304632026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE 14th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15953 OF 2026 Between: 1. Vadde Naresh,, S/o V Lakshmiaiah, aged 35 years, R/o H.No.1-76,Main Road, Marella (V), Tuggali (M), Kurnool District ...Petitioner AND 1. A P Education and Welfare Infrastructure, Development Corporation (APEWIDC), Rep by its Managing Director, D.No.975, Sai Fortune Heights Block-A, Vaddeswaram Village, Guntur District- 522302 2. The Chief Engineer, AP Education and Welfare Infrastructure Development Corporation (APEWIDC), Vijayawada, NTR District-520001 3. District Social Welfare Officer, Kurnool, Kurnool District- 518001 4. District CollectorAPEWIDC, Kurnool, Kurnool District- 518001 5. The Superintendent Engineer FAC, AP Education and Welfare Infrastructure Development Corporation (APEWIDC), Kadapa, Y S R Kadapa District-516001 6. The Executive Engineer, AP Education and Welfare Infrastructure Development Corporation (APEWIDC), Kurnool, Kurnool District- 518001 7. The Director of Works and Accounts, Vijayawada, Krishna District- 520001 2 8. The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance Department, Secretariat, Velagapudi, Amaravati, Guntur District-522237 ...Respondents 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 tomay be pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declare the action of the respondents Not Releasing the pending Final Bill of Agreement No. 13/EE/APEWIDC/KRNL/AE/2024- 25, dated 16.01.2025 vide M.Book.No.1408 pass order amount Rs. 19,74,247/- even after finalizing the bills, payable to the petitioner in relation to the work i.e. Major and Minor Repairs to S.W.Boys Hostel under APEWIDC, asNo.2 at Pathikonda (V and M), Kurnool District illegal, arbitrary and violation of Articles 14, 16 and 21 of The Constitution of India and principles of Natural justice, and consequently direct the respondents to release the pending Final bill amount Rs. 19,74,247/- to the petitioner and pass such 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 may be pleased to direct to the respondents to release the pending amount Rs. 19,74,247/- for M.Book.No. 1408 of work “Major and Minor Repairs to S.W.Boys Hostel No.2 at Pathikonda (V&M), Kurnool District” under APEWIDC, pending disposal of the above writ petition and pass such Counsel for the Petitioner: KOMMA VIJAYA RAJ KUMAR Counsel for the Respondents: GP FOR SOCIAL WELFARE Counsel for the Respondents: Counsel for the Respondents:GP FOR FINANCE PLANNING The Court made the following order: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No. 15953 OF 2026 ORDER: The petitioner had been awarded the contract of work in Kurnool District. After execution of the said contract, a final bill was prepared for a sum of Rs.19,74,247/- as per the sanctioned orders. As the payment of the said amount has not been made by the respondents, the petitioner has approached this Court by way of this writ petition. 2. It is the contention of the petitioner that even though the respondents admitted that the petitioner is entitled for payment of Rs.19,74,247/-, no payment is being made. The petitioner contends that such non-payment of money is clearly arbitrary and high-handed requiring the interference of this Court. 3. This Court, in various orders, including the judgment of a learned Single Judge of this Court dated 05.10.2021 in W.P.No.10038 of 2021 and batch had taken the view that such non-payment of dues is arbitrary and that such dues need to be cleared by the respondents at the earliest. 4. On the other hand, learned Standing Counsel for the Corporation has placed on record the written instructions dated 04.08.2026 received from the Executive Engineer, APEWIDC, Kurnool admitting net amount of Rs.19,74,247/- payable to the petitioner. But, status of the bill is waiting for fund clearance. 4 5. In view of the aforesaid directions of this Court in various cases and after hearing the submissions of learned counsel for the petitioner, learned Standing Counsel for APEWIDC, this Writ Petition is disposed of with a direction to the respondents to release the net amount of Rs.19,74,247/- to the petitioner, within a period of three (3) months. No order as to costs. 6. In fact there is no admission by the Respondents either in their Written Instructions regarding the payment of interest component or by oral submissions made by the Government Pleader/Standing Counsel for Respondents. Much less, the interest component as claimed by the petitioner was neither admitted nor approved at their final bills of the respondents. Hence, in the absence of any such admission, this Court is not inclined to grant any specific amount as it admitted under the head of interest. However, the Petitioner is entitled for interest component as per the terms of Agreement if permits and also in the case of delayed payments, as per the ratio laid down by the Division Bench of this Court in W.A.No.724 of 2021. Therefore, the respondents are hereby directed to pay admitted amount within a period of four months from the date of receipt of copy of this order. As far as interest is concerned, if both parties have agreed regarding the quantum of amount towards interest, the same should be paid along with admitted amount, if not, petitioner is at liberty to submit a representation or a Memo of Statement requesting for payment of interest. If petitioner is entitled for the same, after such submission of representation or Memo, the concerned respondent authorities shall consider and pass appropriate orders after providing 5 opportunity of hearing to both parties in case of rejection or reduction of interest amount claimed by the petitioner, within a period of four (04) weeks thereafter. 7. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J GVK 6 87 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No. 15953 OF 2026 Dt: 14.08.2026 GVK