Extracted from the PDF above. The PDF is authoritative.
APHC010187302023
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
THURSDAY, THE 13th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9802 OF 2023 Between:
1. KANDULAPATI VEERANJANEYULU, S/o. Ramarao, aged 45 years, Occ. Contractor, R/o. D.No. 1-85/3, Kandulapati VariMeraka, K.P. Palem North Village, Mogalthuru Mandal, West Godavari District. ...Petitioner AND
1. THE STATE OF AP, Rep. by its Principal Secretary Housing Department Secretariat, Velagapudi, Amaravathi, Thullur Mandal, Guntur District
2. tate of Andhra Pradesh, Rep. by its Principal Secretary Finance Department, Secretariat, Velagapudi, Amaravathi, Thullur Mandal, Guntur District. 3. A P State Housing Corporation Ltd, 2nd Floor, SP River View Building, Tadepalli, Amaravathi, Rep. by its Managing Director. 4. The Superintending Engineer, (Delegated with Powers of CE) APSHCL Head office, Vijayawada. 5. The Project Director, A.P. State Housing Corporation Ltd, West Godavari District, Bhimavaram. 6. The Executive Engineer, A.P. State Housing Corporation Ltd, West Godavari District, Bhimavaram. 2
7. The Director of works and Account Officer, Anjaneya Towers, Ibrahimpatnam, Krishna District.
...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 a Writ, Order, or Direction more particularly one in the nature of WRIT OF MANDAMUS or any other appropriate writ or direction declaring the action of the respondents in not closing the Contract works, not measuring the works executed by the Petitioner not finalizing bills for the works executed by the Petitioner i.e., Construction of KreedaVikas Kendra (SAAP) at Mogalthuru (ZPHS School) of Narasapuram Constituency of West Godavari District through the Agreement No. 9/26/CE/APSHCL/Mogalthuru (SAAP)/WG/2020-21 as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondent authorities to measure the works, finalize bills and to clear bills to the Petitioner by closing the contract works and pass IA NO: 1 OF 2023 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 respondents to measure the works executed by the Petitioner, to finalize the bills and to pay the balance amounts of works forthwith to the Petitioner i.e., Construction of KreedaVikas Kendra (SAAP) at Mogalthuru (ZPHS School) of Narasapuram Constituency of West Godavari District through the Agreement No. 9/26/CE/APSHCL/Mogalthuru (SAAP)/WG/2020-21, pending disposal of the main Writ Petition and pass Counsel for the Petitioner: CHERUVU CHAITANYA BHARGAVA SARMA Counsel for the Respondents: K MALLIKHARJUNA MOORTHY Counsel for the Respondents:GP FOR FINANCE PLANNING Counsel for the Respondents:GP FOR FINANCE PLANNING The Court made the following order:
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THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9802 OF 2023
ORDER:
1. The petitioner had been awarded the contract of work(s) under the subject scheme in West Godavari District. After execution of the said contract, a final bill was prepared 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.11,67,346/-, 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 11.08.2026 admitting net amount of Rs.11,67,346/-payable to the petitioner. The bill amount of Rs.11,67,346/- will be paid to the petitioner.
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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 the Corporation, this Writ Petition is disposed of, with a direction to the respondents to release the net amount of Rs.11,67,346/-to the petitioner within a period of two(2) 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 two (2) 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
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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 Dated:13.08.2026 TPS
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43 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 9802 OF 2023
Dated:13.08.2026 TPS