Sri. v, Narendra Reddy, Vs the State of… — Writ and Judicial Review | Andhra Pradesh HC (2026)

Sri. v, Narendra Reddy, Vs the State of… — Writ and Judicial Review | Andhra Pradesh HC (2026)

What the court decided

AI extract

Outcome

Writ petition disposed of with directions: respondents to pay/clear the admitted due amount (i.e., the sum after statutory deductions) to the petitioner within four weeks; petitioner at liberty to pursue the interest claim (18% per annum sought) before the appropriate forum; no order as to costs; pending interlocutory applications, if any, stand closed.

Issue for consideration

Whether, once the work executed by the petitioner is admitted and the payment due is not disputed by the respondents, the respondents can be directed under Article 226 to pay the admitted amount despite non-availability of LOC/Budget. +1 more

Court's answer

Once the work executed by the petitioner is admitted and the payment due is not disputed by the respondents, there was hardly any need for the Court to refer the matter to any forum or to arbitration for passing an arbitral award, assuming any condition in the agreement to that extent; hence the Court directs the respondents to pay the admitted amount to the petitioner.

Ratio / Principle

The respondents are directed to clear the due amount to the petitioner within a period of four (4) weeks from the date of receipt of a copy of the order.

Key takeaways

'Sum due' to the petitioner means the sum arrived at after statutory deductions; if there is any dispute regarding statutory recoveries, the petitioner is at liberty to communicate with the respondents.ratio¶39
On the claim for interest, the petitioner is at liberty to approach the appropriate forum; the writ court made no award of interest.ratio¶40

Detailed headnote1 paragraphs

Constitution of India — Article 226 — writ of mandamus for payment of contractor's dues — petitioner executed 'Annual Maintenance of Corenet Roads in (R&B) Section-I, Kalyandurg for the year 2023-24' under Agreement No.42/2023-24 dated 29.12.2023 (administrative sanction Proc. No.DR.No.20/2023-24/EE R&B KLD/JTO dated 03.07.2023; M-Book No.7008-A) — bill not uploaded in Nidhi Portal for want of LOC/Budget under Head 3054-04-105-00-13-270-272(SH Grant); required budget thereafter released by Chief Engineer (R&B) — respondents did not dispute payment due for work executed — Held: once execution of work is admitted and the payment due is not disputed, there is hardly any need to refer the matter to any forum or arbitration even assuming an arbitration condition in the agreement; respondents directed to pay the admitted amount (sum arrived at after statutory deductions) within four weeks; claim for 18% interest left open to be pursued before the appropriate forum; no costs. Reliance placed on The D.F.O., Sough Kheri And Ors. Vs. Ram Sanehi Singh, (1971) 3 SCC 864, on the reach of Article 226 over a State's mala fide or arbitrary non-payment of dues, enforcing Articles 14 and 21.

APHC010561822025

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

[3330]

MONDAY, THE SECOND DAY OF FEBRUAR Y TW O THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No. 29235/2025

BETWEEN:

SRI. V. NARE N DRA REDDY, S/o. V.SOMI RE D DY, AGED ABOUT 40 Y E ARS, OCC: CONTRACTOR, R/o. D.No. MUDIGALLU VILLAGE, KALYANDURG MANDAL, ANANTHAPUR A MU DISTRICT, ANDHRA PRADESH. ...PETITIONER

AND

THE STATE O F ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, D EPARTMENT OF FINANCE AND PLANNING, A.P. SECREA R IAT, VELAGAPUDI, AMRAVATI , GUNTUR DISTRICT, ANDHRA PRADESH.

THE STATE O F ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, R OADS AND BUILDINGS DEPAR T MENT, A.P. SECRETARIAT, VELAGAPUDI, GUNTUR DISTRIC T , ANDHRA PRADESH.

THE DISTRICT COLLECTOR, ANANTHAPURAMU DISTRICT, ANDHRA PRADESH.

THE SUPERIN T ENDING ENGINEER, (R AND B ) CIRCLE, ANANTAPURA M U DISTRICT, ANDHRA PRADESH.

THE EXECU T IVE ENGINEER, R AND B DIVISION, KALYANDURG, ANANTAPURAMU DISTRICT , ANDHRA PRADESH.

THE DEPUTY EXECUTIVE ENGINEER, RAND B SECTION, KALYANDURG, ANANTAPURAMU DISTRICT , ANDHRA PRADESH.

THE ASSISTAN T EXECUTIVE ENGINEER, , RAND B SECTION, KALYANDURG ANANTAPURAMU DISTRICT, ANDHRA PRADESH. ...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 any writ, order or Direction more particularly one in the nature of writ of Mandamus directing the respondent authorities to deposit the amount of Rs.8,12,476/-(Ru pees Eight Lakhs-Twelve Thousand-Four Hundred and Seventy Six) along with the interest of 18percent per annum from the date of execution of the work Annual Maintenance of Corenet Roads in (R and B) SectionI, Kalyandurg for the year of 2023-24 in AnantapuramuDistricf'wherein an administrative sanction was issued through Proceeding. No. DR.No.20/2023-24/EE R and B KLD/JTO, Dated 03.07.2023 in respect of an Agreement vide its No. 42/2023-24 dated 29.12.2023, despite the same was entered in the M-Book vide its No.7008-A to the account of the Petitioner as per the entitlements to enable the petitioner to get the same to his account by the authorities and pass such other order or orders.

Counsel for the Petitioner:

1.MARUPILLI SARADA

Counsel for the Respondent(S):

1.GP FOR ROADS BUILDINGS

2.GP FOR FINANCE PLANNING

The Court made the following:

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ORDER:

The present Writ Petition is filed under Article 226 of the Constitution of India for the following relief:

"……to issue any writ, order or Direction more particularly one in the nature of writ of Mandamus directing the respondent authorities to deposit the amount of Rs.8,12,476/- (Rupees Eight Lakhs-Twelve Thousand-Four Hundred and Seventy Six) along with the interest of 18% per annum from the date of execution of the work “Annual Maintenance of Corenet Roads in (R&B) Section-I, Kalyandurg for the year of 2023-24 in Anantapuramu District” wherein an administrative sanction was issued through Proceeding No.DR.No.20/2023-24/EE R&B KLD/JTO, dated 03.07.2023 in respect of an Agreement vide its No.42/2023-24 dated 29.12.2023, despite the same was entered in the M-Book vide its No.7008-A to the account of the Petitioner as per the entitlements to enable the petitioner to get the same to his account by the authorities and pass such other order or orders may deem fit and proper in the circumstances of the case as the non-payment of the amounts despite execution of works is nothing but infringement of Fundamental rights guaranteed under Article 14, 19, 21 and the Right to Property under Article 300-A of the Constitution of India……"

The learned Assistant Government Pleader for Roads and Buildings, placed written instructions of the 5^th respondent-Executive Engineer, (R&B) Division, Kalyandurg. The written instructions indicates that the bill was not uploaded in Nidhi Portal due to nonavailability of LOC/Budget under the Head of account 3054-04-105-00-

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13-270-272(SH Grant). The Chief Engineer (R&B) SH & MD, APRDC, Vijayawada has released required budget based on request of the office of the Executive Engineer, (R&B), Division, Kalyanadurg and the bill is being submitted to Pay and Accounts Officer (W) Anantapuramu.

In the present case, the respondents have not disputed the payment due to the petitioner for the work executed and the respondents have manifested in their written instructions that they will pay the amount to the petitioner soon after receipt of the funds. Once the work executed by the petitioner to the respondents is admitted and the payment due to the petitioner is not disputed by the respondents, there was hardly no need for this Court to refer the matter to any forum or for arbitration for passing an arbitral award assuming that any condition in the agreement to that extent. Hence, this Court directs the respondents to pay the admitted amount to the petitioner.

In The D.F.O., Sough Kheri And Ors. Vs. Ram Sanehi Singh

reported in (1971) 3 SCC 864, the Hon’ble Apex Court held that when a State decides not to pay the dues with mala fide, with ulterior motives or arbitrarily or when the State avoids payment of the dues with mala fide, with ulterior motives, arbitrarily or when the State 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 of the Constitution of India, for asking

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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.

In view of the above, the present Writ Petition is disposed of with the following directions:

(a) The respondents are directed to clear the due amount to the petitioner within a period of four (4) 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/interfere 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, Interlocutory Applications pending, if any,

shall stand closed.

__________________________________ JUSTICE TARLADA RAJASEKHAR RAO

Date: 02.02.2026

Harin

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93

THE HON’BLE SRI JUSTICE TARLADA RAJASEKHARA RAO

W.P.No. 29235 OF 2025

Date: 02-02-2026

Harin