This writ petition challenged the withholding of final bill amounts totaling Rs. 25,71,900/- for land leveling work. The Court held that non-payment despite admitted dues was arbitrary and directed immediate release of funds.
Direction to release Rs. 25,71,900/- with 24% interest within three weeks.
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.
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IN THE HIGH COURT OF ANDHRA PRADESH :::: AMARAVATI (Special Original Jurisdiction)
THURSDAY, THE NINETEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
the honourable SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 417 OF 2024
Between:
Business, D.No. 9-7761/1, Kothkota Street Piler, Chittoor District
Piler, Annamaiah District.
years, Occ. Business, R/o. D/o. 4-521, Kamalama Palli, Madanapalli
Road, Pileru, Annamayya District.
...Petitioners
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 a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents in withholding the payment of 1st and final bill amount of Rs.4,28,650/-, Rs. 4,28,650/-, Rs.4,28,650/Rs.4,28,650/- Rs. 4,28,650/- and Rs. 4,28,650/- respectively Totally an amount of Rs. 25,71,900/even after finalizing the bills payable to the petitioner in relation to the works i.e., Land Leveling in APIIC Layout -II Mudupullavemula (ID.No.02174LA002602) Mudupullavemula Grama Panchayat of Jaganna Housing Layout Colony of Filer Mandal , Annamayya District, is questioned as the same is illegal, arbitrary and consequently direct the respondents to consider for payment of amount of Rs.4,28,650/-, Rs. 4,28,650/Rs.4,28,650/Rs.4,28,650/Rs. 4,28,650/and Rs. 4,28,650/- respectively Totally an amount of Rs. 25,71,900/- with interest @24percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith.
lA NO: 1 OF 2024
Petition under Section 151 CPC praying that in thecircumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to consider for paymentofamountof Rs.4,28,650/-, Rs. 4,28,650/-, Rs.4,28,650/- Rs.4,28,650/Rs. 4,28,650/and Rs. 4,28,650/-respectively Totally an amount ofRs.25,71,900/-even after finalizing the bills payable to the petitionerinrelationtotheworksi.e.. Land Leveling in APIIC Layout-11 Mudupullavemula (ID.No02174LA002602) Mudupullavemula Grama Panchayat of Jaganna HousingLayoutColonyof Piler Mandal, Annainayya District, pending disposaloftheWritPetition.
Counsel for the Petitioners: SRI. SURESH KUMAR REDDYKALAVA
Counsel for the Respondent Nos. 1&2: GP FOR REVENUE
Counsel for the Respondent Nos. 3 to 6: SRI E V JAGANNADHARAOSC FOR AP STATE HOUSING COOP LTD
Counsel for the Respondent No.7: GP FOR FINANCE PLANNING
The Court made the following order:
1
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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(Special Original Jurisdiction)
[3329]
THURSDAY, THE NINETEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 417/2024
Between:
Shaik Anisa and Others
...PETITIONER(S)
AND
...RESPONDENT(S) The State Of Ap and Others
Counsel for the Petitioner(S):
1.SURESH KUMAR REDDY KALAVA
Counsel for the Respondent(S):
2.GP FOR REVENUE (AP)
3.GP FOR FINANCE PLANNING (AP)
The Court made the following:
ORDER:
The instant Writ Petition under Article 226 of theConstitutionof
India is filed by the Petitioners for the followingrelief:
2
“..to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents in withholding the paymentof 1®' and final bill amount of Rs.4,28,650/-, Rs.4,28,650/-, Rs.4,28,650/-, Rs.4,28,650/-, Rs.4,28,650/- and Rs.4,28,650/- respectively TotallyanamountofRs25,71,900/- even after finalizing the bills payable to the petitionersinrelationtotheworksi.e., “Land Leveling in APIIC Layout-ll, Mudupullavemula (ID.No.02174LA002602), Mudupullavemula Grama Panchayat of Jagananna Housing Layout Colonyof Piler Mandal, Annamayya District, is questioned as the same is illegal, arbitrary and consequently direct the respondents to considerfor paymentof amountof Rs.4,28,650/-, Rs.4,28,650/-, Rs.4,28,650/-, Rs.4,28,650/-, Rs.4,28,650/and Rs.4,28,650/- respectively Totally an amount of Rs25,71,900/-withinterest@ 24% per annum for the delayed amount to the petitionersinrespectofexecution of above mentioned work forthwith and pass.”
the 3. It is the contention of the petitioners that even though respondents admitted that the petitioners are entitledforpaymentofthe aforesaid sum of money, no payment is being made. The petitioners contends that such non-payment of money is clearlyarbitraryandhigh handed requiring the interference of this Court.
- This Court, in various orders, including the judgmentofalearned Single Judge of this Court dated 05.10.2021 in W.P.No.10038of2021
f X \
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and batch had taken the view that such non-paymentofduesisarbitrary and that such dues need to be cleared by the respondentsattheearliest.
Consequently, Miscellaneous Petitions, if any, pending in this Writ
Petition shall stand closed.
/
Sd/- SHAIK MOHD. RAFl ASSISTANT REGISTRAR //TRUE COPY// SECTeirOFFICER
To,
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HIGH COURT DATED:19/12/2024
ORDER
WP.No.417 of 2024
^ 0 9 JAN 2025 Co
^ . Current Section ^ %
DISPOSING OF THE WP
WITHOUT COSTS
3 issues framed by the court
Whether the High Court should direct the respondents to release withheld bill amounts payable for executed works contracts.
Whether non-payment of recognized dues constitutes arbitrary conduct requiring judicial intervention.
What relief is appropriate when the government claims delay due to budget release pending.
Colour shows how this judgement treated each authority
Single Judge judgment dated 05.10.2021Referred¶66
W.P.No.10038 of 2021
Division Bench judgmentFollowed¶71
Writ Appeal No.724 of 2021 and batch dated 12.10.2023
various casesReferred¶69
Rto Nizamuddin and 5 others
The State of Andhra Pradesh
AP State Housing Corporation Limited
Venkateswarlu Nimmagadda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
