The High Court issued a direction to respondents to release a disputed balance amount of Rs. 8.81 lakhs with interest to a contractor,holding the non-payment arbitrary and citing Division Bench judgments on clearing dues.
Release of Rs. 8,81,057/- plus interest at 6% per annum within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
(Special Original Jurisdiction)
7
WEDNESDAY, THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA ^ WRIT PETITION NO: 15354 OF 2024
Between:
Kilarapu Srinivasa Rao, S/o. Reddymma, Age about 49 years, Occ Contractor, R/o. D.No. 31-77, Pamarru, Pamarru MandalN.T.R. District, previously Krishna District.
...PETITIONER
AND
...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 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 payment of proposed balance amount of Rs.8,81,057/- even after finalizing the bills, payabletothenameofworkfor Providing Internal Roads 1 to 12 at Vanukuru housing Colony Layout 1,2 (p) and 3 (p) in Vanukuru Village of Penamaluru Mandal ( Reach 2) (APSHCL grant). Agreement No. 19/2022-23 dated 29.09.2022,D.R.No.107/2022-23 dated 24.08.2022 and M.Book.No. 542/2021-22 Under Housing Department as per agreement as illegal, arbitrary and violation of Articles 14, 16 and 21 of the Constitution of India and consequentially to direct the respondents releasing the proposed balance amount of Rs.8,81,057/-forexecution of completion of works as per agreement to the petitionerforthwith.-
lA NO: 1 OF 2024
Petition under Section 151 CPC praying that in thecircumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to release the proposed balance amount of Rs.8,81,057/for execution of completion of works as per agreement to the petitioner forthwith, pending disposaloftheabovewrit petition. ^
Counsel for the PetitionenSRI PAMARTHI KAMESWARA RAO
Counsel for the Respondent No.1: GP FOR HOUSING
'M
Counsel for the Respondents No.2 to 4: SRI E V JAGANADHARAO Counsel for the Respondents No.5 and 9: GP FOR FINANCE Counsel for the Respondents No.6 to 8: SRI M MANOHAR REDDY (sc for
municipality)
The Court made the following: ORDER
Pi
APHC010302342024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3329]
(Special Original Jurisdiction)
WEDNESDAY ,THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 15354/2024
Between:
Kilarapu Srinivasa Rao ...PETITIONER
AND
The State Of Ap and Others
...RESPONDENT(S)
Counsel for the Petitioner:
1.PAMARTHI KAMESWARA RAO
Counsel for the Respondent(S):
1.GP FOR HOUSING
2.GP FOR FINANCE PLANNING
The Court made the following:
ORDER:
- The petitioner had been awarded the works contractin Krishna District. After execution of the said contract, a final bill was prepared and the Respondents withholding the payment of proposed balance amount of Rs.8,81,057 /- 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.
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- This Court, in various orders, including the judgment of a learned Single Judge of this Court dated 05.10.2021 in W.P.No. 10038of2021andbatchhad taken the view that such non-payment of dues is arbitraryandthatsuchdues need to be cleared by the respondents at the earliest.
- On the other hand, learned Standing Counsel for the A.P. State Housing Corporation Limited (APSHCL) while admittingabouttheclaimofthe petitioner placed on record instructions received from the Managing Director, APSHCL, Vijayawada, dated 14.08.2024. He would submit that, since the budget was not released by the Government, the bills were not paid to the petitioner. Soon after release of the budget by the Government, the bills will be paid to the petitioner.
Kk
batch dated 12.10.2023, within a period of three monthsfromthedate of receipt of a copy of this order. It would also be opentothepetitionertoagitate his claim for higher rate of interest, if any payablebytheRespondents,inan appropriate forum. There shall be no order as to costs.
Consequently, Miscellaneous Petitions, if any, pending in this Writ
Petition shall stand closed.
//TRUE COPY//
Sd/-VSAVITHRI GOWRI ASSISTANTSEGISTRAR
To,
SECTION OFFICER
nm
HIGH COURT DATED:25/09/2024
ORDER
WP.No.15354 of 2024
ANDHi^J
%
X \ 8 FEB 2025 Co
^ Current Secuon
DISPOSING OF THE WP WITHOUT COSTS
3 issues framed by the court
Whether the State was justified in withholding the balance payment of Rs. 8,81,057/- to the contractor after finalizing bills due to budget constraints.
Whether the non-payment of dues amounted to arbitrary action violating Constitutional rights.
Whether the High Court should direct the release of the disputed amount with interest.
Kilarapu Srinivasa Rao
The State of Andhra Pradesh
The A.P. State Housing Corporation Ltd
The Project Director, A.P. State Housing Corporation Ltd
The District Head-Housing, Vijayawada
The District Collector, Vijayawada
Venkateswarlu Nimmagadda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
