Contractor sought release of pending final bill amounts for two road and barricading works executed for the R&B Department. Respondents admitted the dues but cited fund non-availability. Court directed payment of the admitted amount within four weeks after statutory deductions; interest left to appropriate forum.
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APHC010433542025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(Special Original Jurisdiction)
[3330]
TUESDAY,THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO
WRIT PETITION NO: 22511/2025
Between:
...PETITIONER
AND
...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 or any other appropriate writ or direction declaring the action of the respondents in not releasing the payment for the work i.e., 1) Urgent Repairs of the wing wall of Km 14/2 bridge R/s in Kalipatnam - Bhimavaram Road in West Godavari District for the year 2022-23 for an amount of Rs. 7,01,372/- vide M. Book. No. 6473A through the Agreement DR. No. 89/2022-23, dated. 22.07.2022, 2) Providing Barricading arrangements for the visit of Hon'ble Chief Minister of Andhra Pradesh in Bhimavaram at West Godavari District on 12.12.2023 in for the year 2023-24 for an amount of Rs. 15,31,882/- vide M. Book. No. 6478A vide agreement Dr. No. 110/2023-24 dated 30.06.2023, for a total pending amount of Rs. 22,33,254/-, as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondent authorities to release for the pending final bills forthwith for the above said works executed by the petitioner and pass
IA NO: 1 OF 2025
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 pleased to direct respondents to consider for total payment of pending amounts i.e., 1) Rs. 7,01,372/- vide M. Book. No. 6473A through the Agreement DR. No. 89/2022-23, dated: 22.07.2022, 2) Rs. 15,31,882/- vide M. Book. No. 6478A vide agreement Dr. No. 110/2023-24 dated 30.06.2023, under R&B Scheme, pending disposal of the main Writ Petition and pass
Counsel for the Petitioner:
Counsel for the Respondent(S):
The Court made the following:
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THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.22511 OF 2025
ORDER:
The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:
“…to issue a Writ, Order, or Direction more particularly one in the nature of WRIT OF MANDAMUS or any other appropriate writ or direction declaring the action of the respondents in not releasing the payment for the work i.e., 1) Urgent Repairs of the wing wall of Km 14/2 bridge R/s in Kalipatnam - Bhimavaram Road in West Godavari District for the year 2022-23 for an amount of Rs. 7,01,372/- vide M. Book. No. 6473A through the Agreement DR. No. 89/2022-23, dated. 22.07.2022, 2) Providing Barricading arrangements for the visit of Hon'ble Chief Minister of Andhra Pradesh in Bhimavaram at West Godavari District on 12.12.2023 in for the year 2023-24 for an amount of Rs. 15,31,882/- vide M. Book. No. 6478A vide agreement Dr. No. 110/2023-24 dated 30.06.2023, for a total pending amount of Rs. 22,33,254/-, as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondent authorities to release for the pending final bills forthwith for the above said works executed by the petitioner and pass such other reliefs…”
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Rs.15,31,882/- vide M-Book. No. 6478A vide agreement Dr.No.110/2023-24 dated 30.06.2023, under R&B Scheme that time of works allotment, the petitioner paid security deposits for the works and carried out the works on a war footing basis to complete within the specified time and completed the works instructed to them as per the specifications within the stipulated time and to the utmost satisfaction of the respondents No. 4 and 5 and other R&B authorities concerned. After completion of the works the respondents No.4 and 5 have measured the works and entered the same into Measurement Books and the work is valued at pending amount of Rs. 22,33,254/- towards above mentioned 4 works whichever after nearly 6 months of completing the work the respondent authorities have not paid any amount till today.
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Code, Volume-I. Further, due to non-availability of the budget and insufficient funds the bill could not be processed earlier.
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discriminates, while making payment dues, such a decision of the State not to pay or such an act of the State of not paying its dues cannot be said to be wholly beyond the reach of Article 226, for asking the writ Court to do is to force the State to act in accordance with its constitutional obligation by adhering to the letter and spirit of Articles 14 and 21 of the Constitution of India.
(a) The respondents are directed to clear the due amount to the petitioner within a period of four (04) weeks from the date of receipt of a copy of this order.
(b) Sum due to the petitioner would mean, the sum arrived after statutory deductions. If there is any dispute regarding statutory recoveries, the petitioner is at liberty to communicate/interface with the respondents.
(c) With regard to interest, the petitioner is at liberty to approach appropriate forum.
There shall be no order as to costs.
As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed.
_________________________________________________ JUSTICE TARLADA RAJASEKHAR RAO
Date: 10.02.2026 SSA
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THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO
WRIT PETITION NO.22510 of 2025
SSA
10.02.2026
1 issue framed by the court
Whether the respondents must release pending payments of Rs. 22,33,254/- for works executed by the petitioner under Article 226 despite fund clearance objections.
3 provisions across 2 enactments
P Padda Raju
The State of Andhra Pradesh, Rep by its Principal Secretary, Roads and Buildings (R and B) Department
The State of Andhra Pradesh, Rep by its Principal Secretary, Finance Department
The District Collector, Bhimavaram, West Godavari District
The Chief Engineer R and B Department, Managing Director, APRDC
The Superintending Engineer R and B, R and B Circle, Bhimavaram
Tarlada Rajasekhar Rao
As recorded by the court registry
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