Allowed

Sbr Constructions v. the State of Andhra Pradesh

Andhra Pradesh HC10 Sept 2026WP/21116/2026

Case brief

AI extract

What is this about?

In this writ petition, the petitioner, a construction company, sought a direction for the payment of an admitted bill amount of Rs. 37,63,677/-. The contract work was completed and approved by the respondent authorities but payment was pending due to fund clearance issues with the Finance Department. The court held that since the indebtedness was admitted and undisputed, the delay in payment constituted arbitrary action, and issued a direction for payment within three months.

What did the court decide?

Directive to the respondent authorities to pay the admitted amount of Rs. 37,63,677/- to the petitioner within a period of three months from the date of receipt of a copy of this order.

Sbr Constructions Vs the State of Andhra Pradesh — Service and Employment | Andhra Pradesh HC (2026)

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APHC010394252026

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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: 21116/2026

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Between:

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SBR CONSTRUCTIONS, R/O. 18-3-62/34, 2^ND FLOOR, SHANTHI NAGAR, KHADI COLONY, TIRUPATHI REP.BY SIDDA HARISH.

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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, IRRIGATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 522238

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THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT,522238

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THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY WATER RESOURCES DEPARTMENT AP SECRETARIAT VELAGAPUDI AMARAVATI.522238

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THE DISTRICT COLLECTOR, CHITTOOR, CHITTOOR DISTRICT,517002

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THE CHIEF ENGINEER PROJECTS, WATER RESOURCES DEPARTMENT, ANANTHAPURAM, ANANTHAPURAM DISTRICT,515004

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THE SUPERINTENDING ENGINEER, AVR HNSS CIRCLE NO.2, MADANAPALLE, ANNAMAYYA DISTRICT(ERSTWHILE CHITTOOR DISTRICT),517325

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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 issue a Writ, order or direction, more particularly one in the nature of writ of Mandamus, declaring the

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SRK, J W.P.No.21116 of 2026

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action of the respondents non-payment of the bill net amount Rs.37,63,677/- vide M Book No..1(FDR - 27) dt.03.11.2025 is illegal, arbitrary and violation of principles of natural justice and consequently direct the respondents to pay the bill amount Rs.37,63,677/- vide M Book No.1(FDR - 27) dt.03.11.2025 along with interest at 18 p.a, fourth with

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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 Direct the respondents to pay the bill amount Rs.37,63,677/- vide M Book No.1(FDR - 27) dt.03.11.2025 along with interest at @18 p.a

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Counsel for the Petitioner:

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1.S SHANTI PRASAD

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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.21116 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 the learned Assistant Government Pleader for Finance and Planning.

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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 action of the respondents in non-payment of the bill net amount of Rs.37,63,677/- vide M.Book No.1(FDR-27) dated 03.11.2025, as illegal and arbitrary, and consequently, to direct the respondents to pay the bill amount of Rs.37,63,677/- vide M.Book No.1(FDR-27) dated 03.11.2025 along with interest @ 18% per annum forthwith, and to pass such other order or orders …”

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3. The petitioner company claims to undertake Civil

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Contract works. The petitioner was the successful bidder for the work viz. AVR HNSS Project, Phase II, FDR Works-Flood Damage Repairs for AVR HNSS Punganur Branch Canal from KM 83.760 to KM 84.000 (2 nos.) in Thamballapalle Assembly Constituency under Agreement No.02SE/2022-23, dated 01.10.2022 with 6^th respondent and 1^st Supplemental Agreement No.05SE/2023-24, dated 24.02.2024; that the petitioner completed the said work as per the agreement within the stipulated time, and the respondent authorities inspected the said work, recorded the same in Measurement Book

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SRK, J W.P.No.21116 of 2026

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No.1, dated 03.11.2025, and respondent No.5 issued Quality Control Certificate bearing No.32/2025, dated 06.11.2025.

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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.37,63,677/- 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 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, on written instructions received from the Superintending Engineer, HNSS Circle No.3, Madanapalle, submits that the petitioner executed the work allotted, and it is entitled to amount as claimed. He further submits that the LS-1 and Final bill was prepared and submitted to the Pay and Accounts Office, Ananthapuramu on 03.11.2025 for an amount of

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SRK, J W.P.No.21116 of 2026

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Rs.50,70,783/- for payment through CFMS Bill ID No.2025-2455360, dated 03.11.2025, and the bill was approved by the Pay and Accounts Officer, Ananthapuramu. He further submits that due to non-payment of the bill during the Financial year 2025-2026 ending with 31.03.2026, the bill was migrated to current Financial Year i.e. 20262027 with new CFMS Bill ID No.2026-7409993. He concludes that the bill is pending for Fund Clearance from the Finance Department. The written instructions are placed on record.

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A perusal of the written instructions goes to show that there is no dispute with regard to execution of work and as per the respondents, they admitted that the petitioner is entitled to an amount as claimed by it. 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

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1 2025 SCC OnLine SC 1400.

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SRK, J W.P.No.21116 of 2026

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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 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 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 authorities admit 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 is pending for fund clearance from the Finance Department, the respondent authorities are directed to pay the admitted amount/net amount to the petitioner within a period of three (3) 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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SRK, J W.P.No.21116 of 2026

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As a sequel thereto, the miscellaneous applications, if any,

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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

Sbr Constructions v. the State of Andhra Pradesh

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Sbr Constructions v. the State of Andhra Pradesh

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