M/s P.P. Raju and Company, v. The State of Andhra Pradesh,
WP/32148/2025 · 2026-09-02
Venkateswarlu Nimmagadda
body2026
DailyLaw.ai
[ 2026 DAILYLAW 9212 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 9212 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010620622025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
THURSDAY, THE 3rd DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 32148 OF 2025 Between:
1. M/s P.P. Raju and Company,, Civil Contractors, Rep. by its Managing Partner Penmatcha Peddi Raju, S/o.P Supra Raju, Aged about 65 years, Occ Contractor, R/o. Flat No. 402, Sri Sairam Estates, Ameerpet, Hyderabad, Telangana, Pincode 500073. ...Petitioner AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Higher Education, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Finance and Planning, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 3. The Managing Director of Andhra Pradesh, Education and Welfare Infrastructure Development
Corporation (APEWIDC), Vaddeswaram, Tadepalli, Guntur District. 4. The Chief Engineer, APEWIDC, Vaddeswaram, Tadepalli, Guntur District. 5. The Superintending Engineer, APEWIDC Circle, Guntur, Guntur District. 6. The Executive Engineer, APEWIDC Division, Kakinada, Kakinada District. 2
7. The Chief Executive Officer, APCFSS, Srd Floor, Nidhi Bhavan, Behind APIIC Building, Mangalagiri, Guntur District, Pincode 522503 ...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 of mandamus or any other appropriate writ or direction declaring the action of the Respondents not releasing the amount of Rs. 1,57,28,884/- vide CFMS No. 2024-2052798, even after finalizing the bills, payable to the petitioner in relation to the works i.e.. Construction of Arts College, Boys Hostel, College of Education, Examination Block and Science Block in Adikavi Nannaya University in Rajamahendravaram (V) and (M) in East Godavari District, vide Agreement No. 284/ CE/ APEWIDC/ VIjr/ 2017-18, dated 26.11.2018 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to for payment of amount of Rs.
1,57,28,884/- vide CFMS No. 2024- 2052798 with interest @24percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith and pass such Counsel for the Petitioner: MODAPOTHULA SUMALATHA Counsel for the Respondents: GP FOR HIGHER EDUCATION Counsel for the Respondents: V CH NAIDU Counsel for the Respondents:GP FOR FINANCE PLANNING
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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 32148 OF 2025 The Court made the following order:
The petitioner had been awarded the contract of work(s) under the subject scheme in East Godavari. After execution of the said contract, a final bill was prepared for a sum of Rs.1,61,51,905/- 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.1,61,51,905/-, 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, Sri V.Ch. Naidu, learned Standing Counsel for the Corporation has placed on record the written instructions received from the Executive Engineer, APEWIDC, Kakinada admitting net amount of Rs.1,49,61,228/- payable to the petitioner. But, the subject bill was not uploaded for payment. Soon after uploading of the bill, an amount of Rs.1,49,61,228/- will be paid to the petitioner. 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 of Rs.1,49,61,228/- to the petitioner within a period of six (06) 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
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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 six (06) months thereafter. 7. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.
________________________________ VENKATESWARLU NIMMAGADDA, J Dated: 03.09.2026 Mnr
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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No.32148 OF 2025
Dt: 03.09.2026 Mnr