Extracted from the PDF above. The PDF is authoritative.
APHC010603372024
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: 31517 OF 2024 Between:
1. B.V PRAKASH REDDY, S/o. B.Venkatesu, Aged about 49 Years, Occ Contractor, R/o. 1/71,beggilipalli,Gundipalle Mandal, Chittoor District. ...Petitioner AND
1. THE STATE OF ANDHRA PRADESH, Rep. by its Principal Secretary (Panchaaythi Raj Department),
Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary ( Finance Department), Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 3. The EngineerInChief Panchayathi Raj, Panchayathi Raj Department, Vijayawada. Krishna District. 4. The District Collector, At Chittoor, Chittoor District. 5. The Superintendent Engineer, APEWIDC, Kadapa, kadapa District. 6. The Executive Engineer, A.P.E.W.I.D.C, At Chittoor,Chittoor 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
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pleased topleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in withholding the payment of amounts payable to the petitioner in relation to the execution of works i.e., SDF such as Strengthening of Infrastructure Facilities to ZP High School, adavibudugur (V) of Kuppam (M) in Chittoor District as illegal, arbitrary, violation of Principles of Natural Justice, Violation of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the Official Respondents to release the bills for an amount of Rs. 25,28,309/- along with extra construction work amount due to the petitioner in respect of execution of afore mentioned works forthwith along with interest of 12 Percent per annum and to pass 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 pleased to direct the respondents to forthwith release the bills vide for an amount of Rs.
25,28,309/- along with extra construction work amount due to the petitioner pending disposal of the above writ petition 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 grant leave to file a counter in Writ Petition No. 31517 of 2024 and pass Counsel for the Petitioner: BANDI SRIHARI Counsel for the Respondents: GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondents:GP FOR REVENUE Counsel for the Respondents:V CH NAIDU 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. 31517 OF 2024
ORDER:
The petitioner had been awarded the contract of works in Chittoor District. After execution of the said contract, a final bill was prepared for a sum of Rs.25,28,309/- 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.25,28,309/-, 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 18.06.2026 received from the Executive Engineer, APEWIDC, Chittoor admitting gross amount of Rs.25,28,309/- payable to the petitioner. However, after inspection done by the Superintending Engineer, APEWIDC, Kadapa, the contract work done by
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the petitioner is valued at Rs.35,97,118/- and since part amount of contract of Rs.6,96,824/- was already paid, the total amount payable to the petitioner is Rs.29,00,294/-. Soon after uploading of the bill, an amount of Rs.29,00,294/- 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 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,
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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 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
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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No. 31517 OF 2024
Dt: 14.08.2026 GVK