Extracted from the PDF above. The PDF is authoritative.
APHC010344582025
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: 17437 OF 2025 Between:
1. V M APSANA KOUSAR, D/o S.Abid, Aged about 27 years, Occ-Business, Resident of D.No.5-150, Patha Maseedu Veedhi, Piler town and Mandal, Annamayya District. 2. Sri S.Abid, S/o S.Modin Basha, Aged about 48 years, Occ- Business, Resident of D.No.5-150, Patha Maseedu Veedhi, Piler town and Mandal, Annamayya District. 3. Sri Shaik Habeem, S/o Shain Chan Basha, Aged about 38 years, Occ- Business, Resident of D.no.3-236, Yerramreddigutta, Piler town and Mandal, Annamayya District. 4. Smt. Shaik Apsana Begum, W/o Late S.Magbul Basha, Aged about 35 years, Occ- Business, Resident of D.No.3-240/3-4, D.T.Srinivasulu Compound, Ajantha Talkies road, Piler Town and Mandal, Annamayya District. 5. Smt. Mahasamudram Thejavathi, S W/o M.Hari Prasad Reddy, Aged about 45 years, Occ- House wife. Resident of D.No. 1-1092/2, Padmavathi Nagar, Piler Town and Mandal, Annamayya District. 2
6. M.Hari Prasad Reddy, S/o M.Subramanyam Reddy, Aged about 47 years, Occ- Business, Resident of Chinthapenta H/o Ammagaripalli village, Penumuru Mandal, Chittoor District. ...Petitioners AND
1. THE STATE OF AP, Rep. by its Principal Secretary, Department of Finance and Planning, Secretariat Buildings, Amaravathi. 2. The Managing Director, Andhra Pradesh State Housing Corporation, Vijayawada, NTR District. 3. The District Collector / Executive Director, Andhra Pradesh State Housing Corporation Limited, Annamayya District. 4. The District Head Housing, Annamayya District. 5. The Deputy Executive Engineer, Piler Sub Division, Andhra Pradesh State Housing Corporation Limited, Piler, Annamayya 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 declaring the action of the 2nd respondent in not releasing the amount Rs.29,48,239/- (Rupees twenty nine lakhs forty eight thousand two hundred and thirty nine only) for the works Jungle clearance and stone plantation in APIIC-III Layout (ID of Mudupulavemula Grampanchayat ofNO.02174LA004074 Jagananna Housing Layout Colony of Piler Mandal done by the completed vide reference letterpetitioners though they are Rc.No.ll/Annamayya.2022/Amenities Santion/AM(E), dated Nil-11- 2023 addressed by the District Head (H), Annamayya District / 4rt respondent to the Managing Director, A.P. State Housing Corporation, Vijayawada / 2nd respondent is illegal, arbitrary and
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unconstitutional and consequently direct the respondents to release the amount of Rs.29,48,239/- (Rupees twenty nine lakhs forty eight thousand two hundred and thirty nine only) to the petitioners respectively along with interest at the rate of 24percent per annum for the delayed payment to the petitioners in respect of the above mentioned works forthwith and pass such IA NO: 1 OF 2025 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 the respondents to release the amount of Rs.29,48,239/- (Rupees twenty nine lakhs forty eight thousand two hundred and thirty nine only) to the petitioners for the works “Jungle clearance and plantation in stone APIIC-III Layout (ID No.02174LA004074 of Mudupulavemula Grampanchayat of Jagananna Housing Layout Colony of Piler Mandal” done by them, pending disposal of the Writ Petition and pass Counsel for the Petitioners: SURESH KUMAR REDDY KALAVA Counsel for the Respondents: KALYAN CHAKRAVARTHY R 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: 17437 OF 2025
ORDER:
1. The petitioners had been awarded the contract of work(s) under the subject scheme in Chittoor District. After execution of the said contract, a final bill was prepared for a sum of Rs.29,48,239/- as per the sanctioned orders. As the payment of the said amount has not been made by the respondents, the petitioners have approached this Court by way of this writ petition.
2. It is the contention of the petitioners that even though the respondents admitted that the petitioners are entitled for payment of Rs.25,28,503/-, no payment is being made. The petitioners contend 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 03.08.2026 issued by the respondent No.4 admitting net amount of Rs.25,28,503/- payable to the petitioners. He further submits that the subject bill amount was not paid due to
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lack of budget. Soon after release of the budget, an amount of Rs.25,28,503/- will be paid to the petitioners within a reasonable time.
5. In view of the aforesaid directions of this Court in various cases and after hearing the submissions of learned counsel for the petitioners, 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.25,28,503/- to the petitioners 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 petitioners 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 Petitioners are 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 three (3) 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, petitioners are at liberty to submit a representation or a Memo of Statement requesting for payment of interest. If petitioners are
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entitled for the 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 petitioners, 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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31 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 17437 OF 2025
Dated:13.08.2026 TPS