P T R Brothers Projects Vs the State of Andhra Pradesh

P T R BROTHERS PROJECTS, REP.BY. ITS MANAGING PARTNER, P. THIRUPATHI REDDY, AGE 50 YEARS, D/O. 1- 1226-A, NEAR VINAYAKA TEMPLE,BANGLA THOTA , NAWABPET, NELLORE , ANDHRA PRADESH.

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...PETITIONER

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AND

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THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, ROADS AND BUILDINGS(R AND B) DEPORTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR.

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THE SUPERINTENDING ENGINEERR AND B, DEPARTMENT OF ROADS AND BUILDINGS (R AND B), SPSR NELLORE DISTRICT.

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THE EXECUTIVE ENGINEERR AND B, ROADS AND BUILDINGS DIVISION, SPSR NELLORE DISTRICT.

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THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.

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THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MINES AND GEOLOGY DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR

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THE CHIEF ENGINEER R AND B, MDR, VIJAYAWADA

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THE DISTRICT MINES AND GEOLOGY OFFICER, SPSR NELLORE DISTRICT. RR 5 TO 7 ARE IMPLEADED AS PER COURTS ORDER DT.22.08.2025 IN IA 2 OF 2025

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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 an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the payments of pending amounts of Rs. 1,95,84,014/- (One Crores Ninety Five Lakhs, Eighty Four Thousand Fourteen Rupees only) even after finalizing the bills payable to the petitioner in relation to the works i.e.I. Improvements to riding surface to Gudur-Rajampet road from Km.12/0 to 22/0 in SPSR Nellore District(3^rd Call) Agreement no.11/2023-24, Dated 06.06.2024.

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Counsel for the Petitioner:

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1.DEVASRI ROSHAN KANCHARLA

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Counsel for the Respondent(S):

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1.GP FOR ROADS BUILDINGS

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2.GP FOR MINES AND GEOLOGY

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3.GP FOR FINANCE PLANNING

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The Court made the following:

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ORDER:

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The present Writ Petition is filed under Article 226 of the Constitution of India for 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 withholding the payments of pending amounts of Rs. 1,95,84,014/- (One Crores Ninety Five Lakhs, Eighty Four Thousand Fourteen Rupees only) even after finalizing the bills payable to the petitioner in relation to the works i.e.I. Improvements to riding surface to Gudur-Rajampet road from Km.12/0 to 22/0 in SPSR Nellore District(3^rd Call) Agreement no.11/2023-24, Dated 06.06.2024 and be pleased and pass such other orders……"

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The 3^rd respondent-Executive Engineer, R&B Department has filed counter and it is admitted that the petitioner executed the work to a tune of Rs.1,95,84,014/- and the final bill has been processed and passed for net amount of Rs.1,74,10,426/- and the bill has been submitted to the District Mines & Geology Officer, Nellore, SPSR Nellore District, vide letter No.Gudur-Rajampet/Supdt/2025 dated 04.02.2025 and the bill is pending with District Mines & Geology Officer, Nellore.

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The 7^th respondent filed written instructions dated 20.09.2025 and stated that the final bill amount for Rs.1,95,84,014/- of the petitioner is pending with the Finance Department (CFMS) and soon after release of the funds through the CFMS Portal (Head of Account: 84480010100113001001VN, PD Account DDO Code: 08011307003), the funds will be credited to the Executive Engineer, R&B Division,

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Nellore, in turn make payment to the contractor i.e., the petitioner herein.

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Both the 3^rd and 7^th respondents have not disputed the amount due to the petitioner and stated that the amount will be paid soon after release of the budget.

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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 counter that they will pay the amount to the petitioner soon after release of budget. 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.

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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 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.

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

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(a) The respondents are directed to clear the amount due 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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(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.

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