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CDJ 2026 APHC 1136 print Preview print Next print
Court : High Court of Andhra Pradesh
Case No : Writ Petition No. 2536 of 2026
Judges: THE HONOURABLE MR. JUSTICE K. SREENIVASA REDDY
Parties : Cheemala Mohan Versus The State of Andhra Pradesh, Rep. By Its Principal Secretary & Others
Appearing Advocates : For the Petitioner: D. Seshasayana Reddy, Advocate. For the Respondent: Government Pleader for Panchayat Raj Rural Dev, Government Pleader for Finance Planning.
Date of Judgment : 06-07-2026
Head Note :-
Constitution of India - Article 226 -
Summary :-
1. Statutes / Acts / Rules Mentioned:
- Constitution of India, Article 226
- Code of Civil Procedure, Section 151

2. Catch Words:
- Writ, Mandamus, natural justice, payment of dues, QC Report, contract work, DMF grants

3. Summary:
The petitioner, a civil contractor, executed two Anganwadi centre construction projects funded by DMF grants and submitted bills totaling Rs 5,49,817. Despite completing the work and the final bill being passed, the respondents failed to release payment. The petitioner filed a writ under Article 226 and Section 151 CPC seeking a mandamus directing payment with interest, alleging arbitrariness and violation of natural justice. The respondents acknowledged the claim and indicated that payment would follow receipt of a pending QC report. The Court directed the respondents to obtain the QC report within two weeks and, upon receipt, to release the full amount within four weeks. No costs were awarded, and the petition was disposed of accordingly.

4. Conclusion:
Petition Allowed
Judgment :-

(Prayer: 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, one in the nature of a Writ of Mandamus or any other appropriate Writ, to declaring the action of the respondents in not releasing the payments for contract work executed by the petitioner under DMF grants for the construction of Completion of incomplete to Anganwadi Center Building at Kanala(V), Sanjamala(M) for an amount of Rs. 2,73,595/- and ii. Construction Completion of incomplete to Anganwadi Center Building at(Mini) Kanala(V), Sanjamala(M) for an amount of Rs. 2,76,222/-, for totaling an amount of Rs. 5,49,817/- is illegal, arbitrary and contrary to law, violation of principles of natural justice and consequently direct the respondents to release an amount of Rs. 5,49,817/- with interest above said contract works executed by the petitioner forthwith and to 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 to direct the respondent to release an amount of Rs. 5,49,817/- with interest for the contract works executed by the petitioner for construction ofCompletion of incomplete to Anganwadi Center Building at Kanala(V), Sanjamala(M) for amount of Rs. 2,73,595/- and ii. Construction Completion of incomplete to Anganwadi Center Building at(Mini) Kanala(V), Sanjamala(M), Nandyal District and to pass)

1. This Writ Petition is filed seeking the following relief:

               “….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 not releasing the payments for contract work executed by the petitioner under DMF grants for the construction of completion of incomplete to Anganwadi Center Building at Kanala (V), Sanjamala (M) for an amount of Rs.2,73,595/-, and; ii. Construction completion of incomplete to Anganwadi Center Building at (Mini) Kanala (V), Sanjamala (M) for an amount of Rs.2,76,222/-, for totaling an amount of Rs.5,49,817/-, is illegal, arbitrary and contrary to law, violation of principles of natural justice and consequently direct the respondents to release an amount of Rs.5,49,817/- with interest above said contract works executed by the petitioner forthwith and to pass …”

2. Heard learned counsel for the Writ Petitioner, learned Assistant Government Pleader for Panchayat Raj and Rural Development representing respondent Nos.1, 4 and 5, learned Assistant Government for Finance and Planning, representing respondent No.2 and learned Assistant Government Pleader for Revenue, representing respondent No.3.

3. The Writ Petitioner claims to be a Civil Contractor, used to execute works awarded by the Government. The Government of Andhra Pradesh took up the works of 100% DMF Funds, (i) for construction of incomplete Anganwadi Center Building at Kanala (V), Sanjamala (M), and (ii) construction of incomplete Anganwadi Center Building at (Mini) Kanala (V), Sanjamala (M); that the Writ Petitioner entered into agreement vide Agreement No./ 2018-19, dated 25.03.2019 through Pass Administration Order vide Proc. AE1/DMF/2018-19, dated 17.07.2017 and DR No.2018-19, dated 20.03.2019. The Writ Petitioner completed the works as per the schedule and as per the terms of the Agreement. The Writ Petitioner submitted necessary bills to the respondent authorities for an amount of Rs.5,49,817/-. Though the final bill was prepared and passed, the amount remained unpaid despite repeated requests.

               (b). It is the grievance of the Writ Petitioner that though he has been approaching the respondent authorities for payment of amount in respect of the work done by him, no action has been taken by them. According to Writ Petitioner, having executed the work satisfactorily and 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.

4. Learned Assistant Government Pleader for Panchayat Raj and Rural Development, on oral instructions, submits that the Writ Petitioner is entitled to an amount of Rs.5,49,817/-. She further submits that the QC Report in respect of the work done by the Writ Petitioner is awaiting and soon after receipt of the said report, they would pay the outstanding balance amount to the Writ Petitioner.

5. Having regard to the fact that, since there is no dispute with regard to the works executed by the Writ Petitioner and the amount payable to him, and in view of the submissions of the learned Assistant Government Pleader for Panchayat Raj and Rural Development, the respondent authorities are directed to call for QC Report, in respect of the work done by the Writ Petitioner within a period of Two (02) weeks, and upon receipt of the QC Report, the respondents are directed to pay a sum of Rs.5,49,817/-(Rupees Five Lakhs Forty Nine Thousand Eight Hundred and Seventeen only) to the Writ Petitioner within a period of Four (4) weeks from the date of receipt of a copy of this order.

6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs of the Writ Petition.

As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition, shall stand closed.

 
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