D Siva Kumar Rao Vs the State of Andhra… — Writ and Judicial Review | Andhra Pradesh HC (2026)

D Siva Kumar Rao Vs the State of Andhra… — Writ and Judicial Review | Andhra Pradesh HC (2026)

What the court decided

AI extract

Outcome

Writ petition disposed of with directions: Respondents to pay the admitted dues of Rs.11,64,869/- within three months from receipt of a copy of the order, with interest @ 6% p.a. from the date of entitlement till actual payment; no order as to costs; pending applications, if any, stand closed.

Issue for consideration

Whether the action of the Respondents in withholding the part payment of Rs.11,64,869/- for work executed under Circle Agreement No.16/2023-2024/DB, dated 27.06.2023 is illegal and arbitrary, and whether the Petitioner is entitled to payment of the amount due. +1 more

Court's answer

The learned Assistant Government Pleader, on signed instructions of the Executive Engineer, Tribal Welfare, Araku dated 02.02.2026, admitted the amounts due to the Petitioner of Rs.11,64,869/- and stated that the delay in payment occurred due to administrative and procedural reasons; the Court disposed of the writ petition in the light of this admission.

Ratio / Principle

The Respondents shall pay the amount due to the Petitioner within a period of three months (03) from the date of receipt of a copy of the order.

Key takeaways

The Respondents shall also pay interest @ 6% per annum from the date of entitlement of the Petitioner till actual payment (the claimed 12% per annum not being awarded).ratio¶42

Detailed headnote1 paragraphs

Writ petition under Article 226 by a contractor seeking a writ of mandamus against the Tribal Welfare authorities for withholding part payment of Rs.11,64,869/- towards the CC 1st and Part bill for work executed under Circle Agreement No.16/2023-2024/DB dated 27.06.2023 (construction of a quality control lab in the premises of the Superintending Engineer, T.W., Visakhapatnam, and maintenance of the S.E Office building), payable under CFMS number 2025-519468 despite a pass order having been passed. Before the Court, the learned Assistant Government Pleader, on signed instructions of the Executive Engineer, Tribal Welfare, Araku dated 02.02.2026, admitted the amounts due and attributed the delay in payment to administrative and procedural reasons. In the light of the admission, the Court disposed of the writ petition directing the Respondents to pay the amount due within three months from receipt of a copy of the order, with interest @ 6% p.a. from the date of entitlement till actual payment; no order as to costs; pending applications closed.

APHC010014122026

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

(Special Original Jurisdiction)

[3460]

MONDAY,THE SECOND DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

WRIT PETITION NO: 950/2026

Between:

D SIVA KUMAR RAO, S/O DILLESWARA RAO, AGED ABOUT 32 YEARS, OCC CONTRACTOR, R/O H.N0.21-64-6/2, TGR NAGAR, SIDDESWARAM, PEDAGANTYADA MANDAL, VISAKHAPATNAM.

...PETITIONER

AND

THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, TRIBAL WELFARE DEPARTMENT, A.P. SECRETARIAT AT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.

THE TRIBAL WELFARE DEPARTMENT, REP. BY ITS COMMISSIONER, VIJAYAWADA, NTR DISTRICT.

THE CHIEF ENGINEER, TRIBAL WELFARE, VIJAYAWADA, NTR DISTRICT.

THE SUPERINTENDING ENGINEER, TRIBAL WELFARE, VISAKHAPATNAM.

THE EXECUTIVE ENGINEER, TRIBAL WELFARE, VISAKHAPATNAM.

THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING,

2

A.P. SECRETARIAT AT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.

COMPREHENSIVE FINANCIAL MANAGEMENT SYSTEM CFMS, REP. BY ITS DIRECTOR, VIJAYAWADA.

...RESPONDENT(S):

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 toplease 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 part payment of the CC 1st and Part bill of Rs. 11,64,869/- for the work executed under Circle Agreement No. 16/2023-2024/DB, dated 27.06.2023 even after passing the pass order as illegal, arbitrary, unconstitutional and consequently direct the respondents herein to immediately pay the due amount of Rs. 11,64,869/- (Rupees Eleve Lakhs Sixty-four Thousand Eight Hundred and Sixty Nine only) bearing CFMS number 2025-519468 payable to petitioner with an interest @ 12 percent per annum and pass

IA NO: 1 OF 2026

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

Counsel for the Petitioner:

1.M.V. VIJAYADITYA REDDY

Counsel for the Respondent(S):

1.GP FOR SOCIAL WELFARE

2.GP FOR FINANCE PLANNING

The Court made the following:

3

HON’BLE SRI JUSTICE NYAPATHY VIJAY

W.P.No.950 of 2026

O R DE R:

This writ petition is filed declaring the action of Respondents in withholding the part payment Bill of Rs.11,64,869/- for the work executed under Circle Agreement No.16/2023-2024/DB, dated 27.06.2023 as illegal and arbitrary.

Learned Assistant Government Pleader passed on signed instructions of Executive Engineer, Tribal Welfare, Araku dated 02.02.2026 admitting the amounts due to the Petitioner i.e. Rs.11,64,869/- for the work of construction of quality control lab in the premises of Superintending Engineer, T.W., Visakhapatnam and maintenance of S.E Office building and stating that the delay in payment occurred due to administrative and procedural reasons.

In the light of the admission with regard to outstanding amount due to the Petitioner, the writ petition is disposed of with the following directions:

4

(i) The Respondents shall pay the amount due to the Petitioner

within a period of three months (03) from the date of receipt of a copy of this order.

(ii) The Respondents shall also pay interest @ 6% p.a. from the

date of entitlement of the Petitioner till actual payment.

(iii) No order as to costs.

As a sequel, pending applications, if any, shall stand

closed.

NYAPATHY VIJAY, J

Date: 02.02.2026 KLP