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Nasbabu Constructions Private Limited v. the State of Andhra Pradesh

Andhra Pradesh HC10 Sept 2026WP/21110/2026

Case brief

AI extract

What is this about?

The petitioner construction company completed irrigation works under Agreement No. 77SE/2018-19 but the respondent authorities withheld payment of Rs. 8,58,07,865/- plus GST. The Executive Engineer admitted the work was executed satisfactorily and the amount was payable, but bills were pending due to objections from accounts officials. The High Court held that non-payment of admitted dues is arbitrary and a writ petition lies, directing payment of the admitted amount within two months.

What did the court decide?

Directed respondent authorities to pay the admitted/net amount to the petitioner company within two months from receipt of the order.

Nasbabu Constructions Private Limited… — Public Procurement and Tenders | Andhra Pradesh HC (2026)

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APHC010388182026

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3327] (Special Original Jurisdiction)

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FRIDAY, THE 11^th DAY OF SEPTEMBER 2026

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PRESENT

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THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY

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WRIT PETITION NO: 21110/2026

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Between:

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NASBABU CONSTRUCTIONS PRIVATE LIMITED, REP BY ITS MANAGING DIRECTOR, N.V.V.NAGENDRAM S/O. VENKATESWARARAO, AGED ABOUT 55 YEARS, OCC CONTRACTOR, R/O. H. NO. 10/150-A2, RAJENDRA NAGAR, GUDIVADA, KRISHNA DISTRICT -521301.

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...PETITIONER

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A N D

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THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT IRRIGATION CAD WATER RESOURCES DEPARTMENT, SECRETARIAT BUILDINGS, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT - 522503.

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THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT - 522503.

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THE DISTRICT COLLECTOR, (IRRIGATION WING) WEST GODAVARI DISTRICT AT BHIMAVARAM - 534201.

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THE ENGINEER INCHIEF, MINOR AND MAJOR IRRIGATION DEPARTMENT GOVERNMENT OF ANDHRA PRADESH, IRRIGATION BHAVAN, VIJAYAWADA, KRISHNA DISTRICT - 520001.

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THE COMMISSIONER, COMMAND DEVELOPMENT AUTHORITY (CAD) WATER RESOURCES DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, VIJAYAWADA, NTR DISTRICT-520001.

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THE CHIEF ENGINEER, IRRIGATION WATER RESOURCES DEPARTMENT, GODAVARI DELTA SYSTEM, DOWLAISWARAM - 533125.

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THE SUPERINTENDING ENGINEER, IRRIGATION WATER RESOURCES DEPARTMENT, IRRIGATION CIRCLE, ELURU, ELURU DISTRICT - 534001.

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SRK, J W.P.No.21110 of 2026

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THE EXECUTIVE ENGINEER, DRAINAGE DIVISION, BHIMAVARAM, WEST GODAVARI DISTRICT - 534201.

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THE PAY AND ACCOUNTS OFFICER, ELURU, ELURU DISTRICT - 534001.

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THE DIRECTOR OF WORKS AND ACCOUNTS, NIDHI BHAVAN, MANGALAGIRI, GUNTUR DISTRICT - 522503

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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 to an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declare the inaction on part of the respondents herein not releasing the total final bills amount worth of Rs. 8,58,07,865/-, 1) Amount of Rs. 8,43,67,192/- (3rd Part Bill of Rs. 4,03,39,929/- 4th Part Bill of Rs. 4,54,67,936/-), vide its Agreement No. 77SE/2018-19 dated 19.09.2018 vide M. Book. No. 2345A/DDB 2349A/DDB, with interest of execution of completion of works under Water Resource Department as per agreements to the petitioner till today and causing heavy loss with interest even though total works were completed as per the agreements as illegal, arbitrary and violation of Article 14, 16, 21 of Constitution of India and consequentially to direct the respondents releasing the final bills of total amount worth of Rs. 8,58,07,865/- 18 GST for execution of completion of works under Water Resource Department as per agreement, to the petitioner forthwith

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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 to direct the respondents releasing the Final Bills of total amount worth of Rs. 8,58,07,865/- + 18 GST, for execution of completion of works under Water Resource Department as per agreement, to the petitioner forthwith, pending disposal of the above writ petition

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Counsel for the Petitioner:

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1.ANNAMNEEDI BALAKRISHNA

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Counsel for the Respondent(S):

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1.GP FOR IRRI AND CAD

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2.GP FOR FINANCE PLANNING

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The Court made the following:

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SRK, J W.P.No.21110 of 2026

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O R D E R

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Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for the Irrigation and Command Area Development, and the learned Assistant Government Pleader for Finance and Planning.

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2. This Writ Petition is filed seeking the following relief:

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“….to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus, declaring the inaction of the respondents in releasing the total final bills amount worth of Rs.8,58,07,865/- (1) amount of Rs.8,43,67,192/- (3^rd part bill of Rs.4,03,39,929/- and 4^th part bill of Rs.4,54,67,936/-) vide its Agreement No.77SE/2018-19, dated 19.09.2018 and vide M.Book No.2345A/DDB and 2349A/DDB with interest of execution of completion of works under Water Resource Department as per agreements to the petitioner till today, and causing heavy loss with interest even though total works were completed, and consequently, to direct the respondents to release the final bills total amount of Rs.8,58,07,865/- + 18% GST for execution of completion of works under Water Resource Department as per the agreement to the petitioner, and to pass such other order or orders…”

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The petitioner company claims to undertake Civil Contract works. The respondent authorities issued administrative sanction to the work of modernization of Godavari Western Delta Drainage System-improvements to Nalli Creek from KM 0.000 to KM 12.600 near Narasapuram in West Godavari District with an estimated

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SRK, J W.P.No.21110 of 2026

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cost of Rs.1,766.00 lakhs and the final total amount is Rs.8,58,07,865/-; that the respondent No.7 issued Tender vide Tender Notice No.156/2018-19, dated 25.05.2018 under e- Procurement platform and petitioner company became the successful bidder, and entered into an agreement vide No.77SE/2018-19, dated 19.09.2018; that the petitioner executed the aforesaid work and completed the same within the stipulated period; that the respondent authorities inspected the work, and recorded the same in M-Book No.2345A/DDB and 2349A/DDB; that the respondent No.6 revised the estimates for the work vide Memo No.CE/GDS/DWM/OT-2/AEE1/JTO/Elr/RE/131E, dated 29.04.2026, and forwarded the same to 7^th respondent, and agreement was executed vide No.2SE/2026-27, dated 01.05.2026.

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(b) It is the grievance of the petitioner that though it executed the entire work within time, an amount of Rs.8,58,07,865/- was kept pending by the respondent authorities. Even though the petitioner approached the respondent authorities on multiple occasions, requesting for payment of aforesaid pending bill amount, they are not paying the said amount. According to petitioner, having executed the work satisfactorily, within the prescribed time, non-payment of the bill amount was arbitrary and unjustified. It was further contended that the

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SRK, J W.P.No.21110 of 2026

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delay in payment is causing severe financial hardship, necessitating the filing of the present Writ Petition seeking appropriate directions for release of the outstanding amount.

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Today when the matter is taken up for hearing, the learned Assistant Government Pleader for Irrigation and CAD, on written instructions received from the Executive Engineer, Drainage Division, Bhimavaram-8^th respondent, submits that the petitioner company executed the work allotted as per the agreement. He further submits that the petitioner has taken up the work, consists dredging of drain and construction of bridge and it is being executed from 30.11.2025, and for the executed work, the petitioner had submitted work bill of LS 2^nd and part and they were paid. He further submits that during progress of work, 3^rd and part, 4^th and part, bills were submitted for payment, and 3^rd and 4^th bills were processed and sent to PAO for payment; that during process, the JD, Accounts and PAO pointed certain remarks in 4^th and part bill and returned the bill to the Division Office for complying the same, and the same is under progress at Division, for resubmission to the PAO for payment. The written instructions are placed on record.

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SRK, J W.P.No.21110 of 2026

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A perusal of the written instructions goes to show that

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there is no dispute with regard to execution of work and as per the respondents, they admitted that the petitioner is entitled to the claim amount. Therefore, since the amount payable to the petitioner, is admitted and undisputed, the Writ Petition is maintainable. In M/s. Utkal Highways Engineers and Contractors v. Chief General Manager & Ors.¹ , it was held as under: (Paragraph No.8)

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“Be that as it may, the High Court has not dealt with the merits of the Writ Petition. Moreover, it is not an inviolable rule that no money claim can be adjudicated upon in exercise of Writ jurisdiction. Non-payment of admitted dues, inter alia , may be considered an arbitrary action on the part of respondents and for claiming the same, a Writ Petition may lie. Further, throwing a Writ Petition on ground of availability of alternative remedy after 10 years, particularly, when parties have exchanged their affidavits, is not the correct course unless there are disputed questions of fact which by their very nature cannot be adjudicated upon without recording formal evidence.”

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A perusal of the material on record goes to show that the

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respondent authorities assigned the work, as mentioned supra, to the petitioner. It is the grievance of the petitioner that though it executed the said work within the stipulated time to the satisfaction of the respondent authorities, they are not releasing the payment covered

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1 2025 SCC OnLine SC 1400.

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SRK, J W.P.No.21110 of 2026

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under the bill that was submitted by the petitioner for the amount spent by it for executing the work. Therefore, having regard to the entire facts and circumstances of the case, since, the respondent No.8 admits the work executed by the petitioner and concedes that the petitioner is entitled to the amount as claimed by it, and since, it is stated that the bill has been pending at the Division for compliance of objections pointed out by the JD, Accounts and PAO Department, and the same is under progress, the respondent authorities are directed to pay the admitted amount/net amount to the petitioner company within a period of three (2) months from the date of receipt of a copy of this order.

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Accordingly, the Writ Petition is disposed of. There shall be no order as to costs of the Writ Petition.

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As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition, shall stand closed.

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JUSTICE K. SREENIVASA REDDY

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11^th September, 2026. DNB

Nasbabu Constructions Private Limited v. the State of Andhra Pradesh

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Nasbabu Constructions Private Limited v. the State of Andhra Pradesh

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