SATYAVARAPU SURYAPRASAD v. THE STATE OF ANDHRA PRADESH
WP/3196/2024 · 2026-08-04
Venkateswarlu Nimmagadda
body2026
DailyLaw.ai
[ 2026 DAILYLAW 7605 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 7605 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010056282024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
WEDNESDAY, THE 5th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 3196 OF 2024 Between:
1. SATYAVARAPU SURYAPRASAD, S/o. Satyavarapu Veeraraghavulu, Aged about 64 years, Occ Contractor, R/o. D. No 2-69/1, Sivalayam, Doddipatla, Doddipatla, West Godavari District. ...Petitioner AND
1. THE STATE OF ANDHRA PRADESH, Rep. by its Principal Secretary, Housing Department Secretariat, Velagapudi, Amaravati, Thullur Mandal, Guntur District. 2. State of Andhra Pradesh, Rep. by its Principal Secretary Finance Department, Secretariat, Velagapudi, Amaravati, Thullur Mandal, Guntur District. 3. A P State Housing Corporation Ltd, 2nd Floor, SP River View Building, Tadepalli, Amaravati, Rep. by its Managing Director. 4. The District Collector, West Godavari District, Bhimavaram. 5. The Superintending Engineer, (Delegated with Powers of CE) APSHCL Head office, Vijayawada. 6. The Project Director, A.P. State Housing Corporation Ltd, West Godavari District, Bhimavaram. 2
7. The District HeadHousing, West Godavari District, Bhimavaram. 8. The Executive Engineer, A.P. State Housing Corporation Ltd, West Godavari District, Bhimavaram. 9. The Division Head Housing, Narasapuram Division, Narasapuram, West Godavari District. 10. The Deputy Executive Engineer, Sub-Division, Palakol, A.P. State Housing Corporation Ltd, Palakol, West Godavari District. 11. The Gram Panchayat, , Kambatlapalem, Rep. by its Secretary, Kambatlapalem Village, Elamanchili Mandal, West Godavari District. 12. The Gram Panchayat, Abbirajupalem, Rep. by its Secretary, Abbirajupalem Village, Elamanchili Mandal, West Godavari 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 tomay be pleased 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 releasing the payments for the works of Formation of Approach Roads, Culverts, Shifting of Electrical lines and Filling of Low-lying Lands in YSR Jagananna layout colonies of West Godavari District i.e., i) Amount of Rs. 3,25,203/-, for the work Construction of Approach Road in YSR Jagananna housing colony in Rs. No. 212/lA and 211/A in layout I.D. (054404LA112278) in namely Kambotlapalem layout-1 at Kambotlapalem village of Yelamanchili Mandal, in West Godavari District, vide its M. Book No. 30/2022-23, and Agreement No. 48/NSP/2023, ii) Amount of Rs.
3,64,331/-, for the work Construction of Approach Road to Jaganna housing colony in RS No. 159-7 and 161-lC layout I.D. No. (054408LA112336) in Abbirajupalem Village of Elamanchili Mandal, West Godavari District, vide its M. Book No. 30/2022-23
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and Agreement No. 02/NSP/2023, totaling amount of Rs. 6,89,534/- as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondent authorities to release Rs. 6,89,534/- forthwith for the above said works executed by the petitioner and to pass such IA NO: 1 OF 2024 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 respondents to consider for payment of amount of Rs. 6,89,534/-for the works executed by the petitioners for Formation of Approach Roads, Culverts, Shifting of Electrical lines and Filling of Low-lying Lands in YSR Jagananna layout colonies of West Godavari District i.e., pending disposal of the main Writ Petition and to pass such Counsel for the Petitioner: ANNAMNEEDI BALAKRISHNA Counsel for the Respondents: GP FOR FINANCE PLANNING Counsel for the Respondents:GP FOR REVENUE Counsel for the Respondents:N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) Counsel for the Respondents:MALLIKHARJUNA MOORTHY K (SC FOR A.P HOUSING CORPORATION LIMITED) Counsel for the Respondents:GP FOR HOUSING The Court made the following order:
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THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.3196 of 2024
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 for a sum of Rs.6,89,534/- 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.6,89,534/-, 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 issued by the respondent No.7 admitting net amount of Rs.6,89,534/- payable to the petitioner. But, the subject bill amount was not paid due to lack of budget.
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Soon after release of the budget, an amount of Rs.6,89,534/- will be paid to the petitioner.
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.6,89,534/- to the petitioner within a period of four 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 (4) 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
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same, after such submission of representation or Memo, the concerned respondent authorities shall consider and pass appropriate orders after providing 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:05.08.2026 BSP/TPS
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49 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No.3196 OF 2024
Dated:05.08.2026 BSP/TPS