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2026 DAILYLAW 7508 (AP)

Bepari Akbar Basha, v. The State Of Andhra Pradesh,

WP/14247/2026 · 2026-08-13

Venkateswarlu Nimmagadda

body2026

Judgment text

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APHC010260052026 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: 14247 OF 2026 Between: 1. Bepari Akbar Basha,, S/o Bepari Pedda Nanne Saheb, Aged about 41 years, Occ Business, R/o D.No.87/169, Madhavi Nagar, Near Government Degree College for Mens, Kunool, Kurnool District. ...Petitioner AND 1. The State Of Andhra Pradesh, Represented by its Principal Secretary, Social Welfare Department, Secretariat Buildings, Velagapudi, Amaravathi Guntur District, Andhra Pradesh. 522237 2. The Director, Social Welfare Department, T.Z. Plaza Building, Tadepalli, Guntur District, Andhra Pradesh. 522501. 3. The District Collector, Kurnool, Kurnool District. -518002. The District SC Welfare and Empowerment Officer, 4. Social Welfare Department, Kurnool, Kurnool District. 518002 5. The Executive Engineer, Andhra Pradesh Education Welfare Infrastructure Development Corporation(APEWIDC), Kurnool, Kurnool District, Andhra Pradesh. 51800 6. Principal Secretary, , Finance Department, Secretariat buildings, Velagapudi, Amaravathi Guntur District, Andhra Pradesh. 522237 2 7. The Director of Works and Accounts, Vijayawada, Krishna District, A.P. 520001 ...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 topleased to issue an appropriate writ, order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of respondents in not releasing the 1 and Final bill amount of Rs. 19,03,563/- which is admittedly due to the petitioner despite the Successful completion of work in terms of the agreement No. 09/EE/APEWIDC/KRNL/AE/2024-2025 dated 16-01-2025 for the work of Major and Minor Repairs to S.W.Girls Flostel at Gudur(V and M)entered with the Respondent No.5, even after successful completion of work and in spite of repeated requests, as being arbitrary, illegal, discriminatory, unjust enrichment, violative of the Fundamental Rights guaranteed under Articles 14, 19 and 21 of the Constitution of India, apart from being contrary to the orders of this Honble Court issued from time to time, in view of the facts and circumstances set out hereunderand consequently direct the respondents to release the 1 and final bill amountofRs. 19,03,563/- payable to the petitioner for the work executed by petitioner under the aforesaid agreement, along with interest accrued on the said amounts from the due date till the date of payment and pass Counsel for the Petitioner: V NITESH Counsel for the Respondents: V CH NAIDU Counsel for the Respondents:GP FOR REVENUE Counsel for the Respondents:GP FOR SOCIAL WELFARE 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. 14247 OF 2026 ORDER: The petitioner had been awarded the contract of works in Kurnool District. After execution of the said contract, a final bill was prepared for a sum of Rs.19,03,563/- 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 net payment of Rs.19,03,563/-, 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 06.07.2026, received from the Executive Engineer, APEWIDC, Kurnool admitting total gross amount of Rs.22,15,809/- 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 payable 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 89 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No. 14247 OF 2026 Dt: 14.08.2026 GVK