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2026 DIGILAW 152 (AP)

P. T. R Brothers Projects. , Rep. By. Its Managing Partner, P. Keerthi Reddy, W/o. P. Thirupathi Reddy v. State Of Andhra Pradesh, Rep By Its Principal Secretary, Roads And Buildings (R And B) Deportment

2026-02-10

TARLADA RAJASEKHAR RAO

body2026
ORDER : TARLADA RAJASEKHAR RAO, J. The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the payments of pending amounts of Rs. 3,36,31,000/- (Three Crores Thirty Six Lakhs, Thirty One Thousand Rupees only) ,even after finalizing the bills payable to the petitioner in relation to the works i.e.7. Improvements to riding surface to Nellore -mypadu road (via) kudithipalem from Km.0/0 to 19/0 in SPSR Nellore District Agreement no. 80 /2023-24, Dated 19.2.2024.and pass such other order or orders…” 2. Heard Ms.Devasri Roshan.K learned counsel for petitioner and learned Government Pleader for respondents. 3. The present writ petition is filed aggrieved by the action of the respondents in with holding the payments of Rs.3,36,31,000/- (Rupees Three Crores Thirty Six Lakhs, Thirty One Thousand only) for the year 2023, even after finalizing the bills, payable to the petitioner in relation to the Four works. Improvements to riding surface to Nellore-Mypadu Road (via) Kudithipalem from Km.0/0 to 19/0 in SPSR Nellore District Agreement No.80/2023-24, Dated 19.02.2024 as bad, illegal, arbitrary, improper, unjust and against the Article 21 of Constitution of India and consequently direct the respondents to pay the amounts of Rs.3,36,31,000/- (Rupees Three Crores Thirty Six Lakhs, Thirty One Thousand only) forthwith without any more delay. 4. Learned Government Pleader for Roads and Buildings for Respondent No.2 placed counter-affidavit asserting that the LS 1 st and final bill has been processed and passed for gross amount of Rs.3,75,05,697/- and net amount of Rs.3,38,05,311/- and the bill has been uploaded in NIDHI Portal. The bill was approved by the Assistant Pay & Accounts Officer II Works Accounts, Nellore on 01.03.2025, subsequently the bill was processed to the Finance Department vide CFMS bill ID.No.2024-2420502. The bill is waiting for fund clearance. 5. Insofar as the interest component, the respondents contended that the petitioner should approach the appropriate forum, relying on the order of the Division Bench in W.A.791 of 2022 dated 26.04.2022. The Division Bench affirmed the Single Judge?s order, directing the petitioner to seek relief regarding interest from the appropriate forum. The bill is waiting for fund clearance. 5. Insofar as the interest component, the respondents contended that the petitioner should approach the appropriate forum, relying on the order of the Division Bench in W.A.791 of 2022 dated 26.04.2022. The Division Bench affirmed the Single Judge?s order, directing the petitioner to seek relief regarding interest from the appropriate forum. In a catena of cases this Court had held that where dispute revolves round questions of fact, the matter ought not be entertained under Article 226 of the Constitution of India. 6. In the present case, the respondents have not disputed the payment due to the petitioner for the work executed and the respondents have manifested in their counter that they will pay the amount to the petitioner and they are unable to the pay due to “Bill waiting for fund clearance”, once the work executed by the petitioner to the respondents is admitted and the payment due to the petitioner is not disputed by the respondents, there was hardly no need for this Court to refer the matter to any forum or for arbitration for passing an arbitral award assuming that any condition in the agreement to that extent. Hence, this Court directs the respondents to pay the admitted amount to the petitioner. 7. In The D.F.O., South Kheri And Ors. vs Ram Sanehi Singh , (1971) 3 SCC 864 , the Hon'ble Apex Court held that when a State decides not to pay the dues with mala fide, with ulterior motives or arbitrarily or when the State avoids payment of the dues with mala fide, with ulterior motives, arbitrarily or when the State discriminates, while making payment dues, such a decision of the State not to pay or such an act of the State of not paying its dues cannot be said to be wholly beyond the reach of Article 226, for asking the writ Court to do is to force the State to act in accordance with its constitutional obligation by adhering to the letter and spirit of Articles 14 and 21 of the Constitution of India. 8. In view of the above, the present Writ Petition is disposed of with following directions: (a) The respondents are directed to clear the due amount to the petitioner within a period of four (04) months from the date of receipt of a copy of this order. 8. In view of the above, the present Writ Petition is disposed of with following directions: (a) The respondents are directed to clear the due amount to the petitioner within a period of four (04) months from the date of receipt of a copy of this order. (b) Sum due to the petitioner would mean, the sum arrived after statutory deductions. If there is any dispute regarding statutory recoveries, the petitioner is at liberty to communicate/interface with the respondents. (c) With regard to interest, the petitioner is at liberty to approach appropriate forum. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed.