APHC010585782025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY, THE 8th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 30401/2025 Between: 1. CHITNEEDI VENKATA SRINIVASA RAO,, S/O NAGESWARA RAO AGED ABOUT 55 YEARS, OCC- CONTRACTOR, RESIDING AT D.NO.2-52, RAPAKA, IRAGAVARAM MANDAL, WEST GODAVARI DISTRICT, ANDHRA PRADESH ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, A.P. HOUSING DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 3. A P STATE HOUSING CORPORATION LIMITED, REP BY ITS MANAGING DIRECTOR, VIJAYAWADA, NTR (KRISHNA) DISTRICT. 4. THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT AT BHIMAVARAM. 5. THE DISTRICT HEAD, A.P. STATE HOUSING CORPORATION LIMITED, WEST GODAVARI DISTRICT AT BHIMAVARAM. 6. THE DIVISION HEAD H, A.P. STATE HOUSING CORPORATION LIMITED NARASAPURAM, WEST GODAVARI DISTRICT. 7. THE DY EXECUTIVE ENGINEER, A.P STATE HOUSING CORPORATION LIMITED TANUKU SUB-DIVISION, TANUKU, WEST 2 GODAVARI DISTRICT. ...RESPONDENT(S): 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, declaring the action of the respondent authorities in withholding the amount Rs.22,46,964/- (Rupees Twenty two lakhs forty six thousand nine hundred and sixty four only) payment for the works executed for formation of approach roads, shifting of electrical lanes, filling of low lying lands even after pass orders and also issued proceedings from 3rd respondent to 5th respondent requesting to release the amount after finalizing the bills, payable to the petitioner in relation to the works executed by the petitioner is illegal, arbitrary and violation of principles of natural justice and violation of Article 14, 19 and 21 of the Constitution of India and consequently direct the respondent to release of admitted amount Rs.22,46,964/- (Rupees Twenty two lakhs forty six thousand nine hundred and sixty four only) with interest to the petitioner firm and other reliefs, and to pass 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 consider for payment of Earnest Money Deposit amount Rs.22,46,964/- (Rupees Twenty two lakhs forty six thousand nine hundred and sixty four only) admitted amount with interest for the delayed amount to the petitioner firm in respect of execution of work pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. DASARI S V V S V PRASAD Counsel for the Respondent(S): 1. K MALLIKHARJUNA MOORTHY 2. GP FOR HOUSING 3. GP FOR FINANCE PLANNING 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.30401 of 2025 ORDER: 1. The petitioner has 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.22,46,964/- 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.22,46,964/-, 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 received from the District Head- Housing, West Godavari District admitting net amount of Rs.17,87,837/- payable to the petitioner. But, the subject bill was not uploaded for payment. 4 Soon after uploading of the bill, an amount of Rs.17,87,837/- 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 AP Housing Corporation, this Writ Petition is disposed of with a direction to the respondents to release the net amount of Rs.17,87,837/- to the petitioner, within a period of three 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 of Rs.17,87,837/- within a period of three 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 5 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 three (03) months thereafter. 7. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J Dated: 08.09.2026 BSM 6 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.30401 OF 2025 Dt: 08.09.2026 BSM