M/S Sri Sairam Constructions Vs the State of Andhra Pradesh

M/S SRI SAIRAM CONSTRUCTIONS, REP.BY ITS MANAGING PARTNER, R. SRINIVASA RAO, S/O. LATE APPALA NAIDU, AGED ABOUT 49 YEARS, OCC CONTRACTOR, D.NO. 50-1-67/5, A.S.R NAGAR, HILL VEW APARTMENTS, SEETHAMMADHRA, VISAKHAPATNAM.

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...PETITIONER

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AND

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THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HIGHER EDUCATION (CE) DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 522 238

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THE CHIEF ENGINEER, A P STATE EDUCATION AND WELFARE INFRASTRUCTURE DEVELOPMENT CORPORATION APEWIDC VIJAYWADA, KRISHNA DISTRICT. 520 010

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THE DISTRICT COLLECTOR, PARVATHIPURAM, MANYAM DISTRICT. 535 501

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THE EXECUTIVE ENGINEER, PARVATHIPURAM, MANYAM DISTRICT. 535 501

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THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING,

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2

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SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 522 238

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...RESPONDENT(S):

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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 of mandamus or any other appropriate writ or direction declaring the action of the If Respondents in withholding the payment of CC fST and Part bill Gross Rs. 1,86,31,520/- in Net amount of Rs. 1,60,64,167/-(CFMS.No. 2026- 67435597)even after finalizing the bills, payable to the petitioner in relation to the work i.e., Construction of Shadi Mahal in Indira Nagar, Madanapalli Chittoor, vide Agreement NO.24/CE/APEW1DC/VJA/2022-23, dt. 19/07/2022, is questioned, as the same is illegal, arbitrary and consequently direct the respondents to consider for payment of balance amount of CC 1st and Part bill Gross Rs. 1,86,31,520/- in Net amount of Rs. 1,60,64,167/- (CFMS.No. 2026-67435597) with interest @12 per annum for the delayed amount to the petitioner in respect of execution of above- mentioned work forthwith and pass

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IA NO: 1 OF 2026

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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 please to direct the respondents to consider for payment of balance amount of The CC 1ST Part bill Gross Rs. 1,86,31,520/- in Net amount of Rs. 1,60,64,167/- (CFMS.No. 2026-67435597) even after finalizing the bills, payable to the petitioner in relation to the work i.e., “Construction of Girls (G) Hostel building to Govt. Degree College at Saluru (V) & (M) in Vizianagaram District, vide Agreement No.24/CE/APEWIDC/VJA/2022- 23, dt. 19/07/2022, forthwith, pending disposal of the Writ Petition and pass

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IA NO: 2 OF 2026

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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 May be pleased to amend the Main Prayer (226) as Writ of Mandamus declaring the action of the Respondents in withholding the payment of CC 1st and Part bill, Gross amount of Rs. 1,86,31,520/- in Net amount of Rs. 1,60,64,167/- (CFMS.No.2026- 7435597) even after finalizing the bills, payable to the petitioner in relation to the work i.e., Construction of Girls (G) Hostel building to Govt. Degree College at Saluru (V) and (M) in Vizianagaram District, vide Agreement No.24/CE/APEWIDC/VJA/2022-23,

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dt.19/07/2022, is questioned, as the same is illegal, arbitrary and consequently direct the respondents to consider for payment of CC 1ST and Part bill, Gross amount of Rs. 1,86,31,520/- in Net amount of Rs. 1,60,64,167/- (CFMS.No. 2026-7435597) with interest @ 24% per annum for the delayed amount to the petitioner in respect of execution of abovementioned work forthwith and pass such other order or orders as this Honble Court may deem fit and proper in the circumstances of the case' INSTEAD OF Writ of Mandamus declaring the action of the Respondents in withholding the payment of CC 1ST and Part bill Gross Rs. 1,86,31,520/- in Net amount of Rs. 1,60,64,167/- (CFMS.No. 2026- 67435597) even after finalizing the bills, payable to the petitioner in relation to the work i.e., Construction of Shadi Mahal in Indira Nagar, Madanapalli Chittoor, is questioned, as the same is illegal, arbitrary and consequently direct the respondents to consider for payment of CC 1ST and Part bill Gross Rs. 1,86,31,520/- in Net amount of Rs. 1,60,64,167/- (CFMS.No. 2026-67435597) with interest @12% per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith and pass such other or further orders as the Hon ble Court feels deem fit and proper in the facts and circumstances of the case.ND I.A. PRAYER AS the Honble Court may be pleased to direct the respondents to consider for payment of CC 1ST and Part bill, Gross amount of Rs. 1,86,31,520/- in Net amount of Rs. 1,60,64,167/- (CFMS.No. 2026- 7435597) with interest @ 24 % per annum for the delayed amount to the petitioner in respect of execution of work i.e., Construction of Girls (G) Hostel building to Govt. Degree College at Saluru (V) and (M) in Vizianagaram District, vide Agreement No.24/CE/APEWIDC/VJA/2022-23, dt.19/07/2022" and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case' INSTEAD OF the Honble Court may please to direct the respondents to consider for payment of CC 1sT and Part bill Gross Rs.1,86,31,520/- in Net amount of Rs. 1,60,64,167/- (CFMS.No. 202667435597) payable to the petitioner in relation to the work i.e., Construction of Girls (G) Hostel building to Govt. Degree College at Saluru (V) and (M) in Vizianagaram District, vide Agreement No.24/CE/APEWIDC/VJA/2022-23, dt.19/07/2022, forthwith, pending disposal of the Writ Petition and pass such other order or orders as this Honble Court may deem fit and property in the circumstances of the case. and pass

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Counsel for the Petitioner:

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1.SURESH KUMAR REDDY KALAVA

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4

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Counsel for the Respondent(S):

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1.GP FOR HIGHER EDUCATION

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2.V CH NAIDU

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3.GP FOR REVENUE

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4.GP FOR FINANCE PLANNING

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The Court made the following Order:

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The present writ petition is filed challenging the respondents' action for not releasing the amounts of Rs.1,60,64,167/- due to the petitioner.

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Heard Sri Suresh Kumar Reddy Kalava, learned counsel for the petitioner and Sri V.CH. Naidu, learned Standing Counsel appearing for respondent Nos.2 & 4.

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It is contended that the sums are due to the petitioner, on account of the execution of works relating to construction of Girls (G) Hostel building to Government Degree College at Saluru (V) & (M) in Vizianagaram District.

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Sri V.CH. Naidu, learned Standing Counsel, has placed before the court a copy of the remarks received by him in the case. A perusal of the same would reflect that the net amount payable to the petitioner is determined as Rs.1,60,64,168/- out of the gross amount of Rs.1,86,31,520/-.

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Having regard to the same, as the said sum of Rs.1,60,64,168/- is admitted as payable to the petitioner, this court deems it appropriate to dispose of the writ petition directing the respondent Nos.2 & 4 to remit the

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admitted amount of Rs.1,60,64,168/- to the petitioner within a period of four (04) months from the date of receipt of a copy of this order. There shall be no order as to costs.

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As a sequel thereto, interlocutory applications, if any, pending in this

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Writ Petition shall stand closed.

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______________________________ JUSTICE KIRANMAYEE MANDAVA

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Dated: 08.07.2026 RMR

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Whether the order is :

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