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2026 DAILYLAW 9569 (AP)

Guttikonda Seshu Kumar, v. The State of Andhra Pradesh,

WP/22539/2026 · 2026-09-07

Venkateswarlu Nimmagadda

body2026

Judgment text

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APHC010407902026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE 8th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 22539 OF 2026 Between: 1. Guttikonda Seshu Kumar,, S/o Veera Raghavaiah Aged about 58 years, Occupation contractor D.No 202,Atchyutha Residence , Beside KVR college ,Nandigama Krishna District, Andhra Pradesh ,521185 ...Petitioner AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary to Government, Minorities Welfare Department, Secretariat Buildings, Velagapudi, Guntur District - 522237 2. The State of Andhra Pradesh, Represented by its Principal Secretary Department of Finance and Planning, A.P Secretariat Buildings, Velagapudi, Guntur District - 522237 3. The Commissioner, Minorities Welfare Department, 4th floor, T.G Plaza, A.P., Tadepalli, Guntur Tadepalli, Guntur District -522501. 4. The Managing Director, Andhra Pradesh State Christian Minorities Finance Corporation, Flat No 603, T.G.Plaza,NH-5 Service Road 0pp. Manipal Hospital, Tadepalli,Guntur District, Andhra Pradesh,- 522501 5. The Director of Minorities Welfare Department, Flat No 604, T.G.Plaza,NH- 5 Service Road 0pp. Manipal Hospital, Tadepalli,Guntur District, Andhra Pradesh,- 522501 2 6. The District Minority Welfare Officer, Collectorate compound area , Chilakalapudi, Machilipatnam , Krishna District - 521002 7. The District Collector, Collectorate, compound Chilakalapudi, Machilipatnam, Krishna District 521002 8. The District Minority Welfare Officer, Collector Office, in collectorate compound block -3, NTR District, -520002 9. The District Collector, Collector Office, in collectorate compound block -1 NTR District, -520002 10. The Chief Planning Officer, in collectorate compound block -5, Krishna district -521001 11. The Chief Planning Officer, in collectorate compound block -3, NTR district -520002 12. The Executive Engineer, Andhra Pradesh Education and Welfare Infrastructure Development Corporation ( APEWIDC ) PEWIDC Division Office, Collectorate Campus, Machilipatnam Krishna District, Andhra Pradesh Krishna district-521001 13. The Executive Engineer, Andhra Pradesh Education and Welfare Infrastructure Development Corporation ( APEWIDC ) APEWIDC Division Office, Collectorate Campus, Vijayawada - 520002, NTR District, Andhra Pradesh -52002 ...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 toissue a writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the all respondents in not paying , the CC 2nd and final bill the admitted due amount of Rs. 5,92,561/- (Rupees Five lakh ninety-two thousand five hundred sixty-one Only) payable to petitioner in 3 relation to Work Construction of Yehova Eare Church - Pokkunuru (V), Chandarlapadu (M) at Krishna District, now NTR District, executed for All Respondents by the petitioners even after finalizing the bills, which is illegal, arbitrary, and unjust contrary to law and in violation of Article 14,19,21 of Constitution of India and principles of natural Justice, and consequently direct the respondents to release the sanctioned funds Counsel for the Petitioner: MOHAMMED BAJI Counsel for the Respondents: GP FOR REVENUE Counsel for the Respondents:GP FOR SOCIAL WELFARE Counsel for the Respondents:GP FOR FINANCE PLANNING 4 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 22539 OF 2026 The Court made the following order: The petitioners had been awarded the contract of work(s) under the subject scheme Krishna District (Now in NTR District). After execution of the said contract, a final bill was prepared for the sum of Rs.5,92,561/- 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.5,92,561/-, 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 Andhra Pradesh State Christian Minorities Finance Corporation has placed on record the written instructions received from the Managing Director, Tadepalli admitting net amount of Rs.5,92,561/- payable to the petitioner. But, the subject bill was 5 not uploaded for payment because the bills was processed to the Commissioner, Minorities Welfare, Tadepalli for issuing of orders towards re- allotment of lapsed funds of admitted amount. After receiving orders, they will release the payment to the concerned. 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 APSCMFC, this Writ Petition is disposed of with a direction to the Respondent Nos.8 and 9 to release the admitted amount of Rs.5,92,561/- to the petitioner within a period of two (02) 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 Rs.5,92,561/- within a period of two (02) months from the date of receipt of copy of this order. 6 7. 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 opportunity of hearing to both parties in case of rejection or reduction of interest amount claimed by the petitioner, within a period of two (02) months thereafter. 8. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J Dated: 08.09.2026 Mnr 7 182 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.22539 OF 2026 Dt: 08.09.2026 Mnr