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CDJ 2026 APHC 1167 My Notes print Preview print print
Court : High Court of Andhra Pradesh
Case No : Writ Petition No. 35102 of 2025
Judges: THE HONOURABLE MR. JUSTICE VENKATESWARLU NIMMAGADDA
Parties : Ch. Pandu Ranga Raju VersusThe State of Andhra Pradesh, Rep. By Its Principal Secretary, Department of Finance & Planning, Guntur & Others
Appearing Advocates : For the Petitioner: Modapothula Sumalatha, Advocate. For the Respondent: Government Pleader for Revenue, K. Mallikharjuna Moorthy (Sc), Advocate, Government Pleader for Finance Planning.
Date of Judgment : 06-07-2026
Head Note :-
Constitution of India - Article 226 -
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 topleased to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents not releasing the amount of Rs.54,75,676/-, even after finalizing the bills, payable to the petitioner in relation to the works i.e., Providing Infra facilities to RGK/ Indiramnia Urban Project i.e., CC.Roads, CC Drains, Culverts and Comniunity hall etc., under SDP Grants at Sankaram of Visakhapatnam District, vide Agreement No. 01/SR/ APSHCL/ Sankaram/ VSP/ 2017-18, Dt.27.04.2017 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amount of Rs.54,75,676/- with interest @24 percent per annum for the delayed amount to the petitioner in respect of execution of above- mentioned work forthwith 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 please to direct the respondents to pay for payment of amount of Rs.34,75,676/- with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works i.e. Providing Infra facilities to RGK/ Indiramma Urban Project i.e., CC.Roads, CC Drains, Culverts and Community ball etc under SDP Grants at Sankaram of Visakhapatnam District, vide Agreement No. 01/SE/ APSHCL/ Sankaram/ VSP/ 2017-18, Dt.27.04.2017, forthwith, pending disposal of the Writ petition and pass)

1. The petitioner had been awarded the contract of work(s) under the subject scheme in Visakhapatnam District. After execution of the said contract, a final bill was prepared for a sum of Rs.54,75,676/- as per the sanctioned orders. As the payment of the said amount has not been made by the respondents, the petitioner has approached this Court by way of this writ petition.

2. It is the contention of the petitioner that even though the respondents admitted that the petitioner is entitled for payment of Rs.54,75,676/-, no payment is being made. The petitioner contends that such non-payment of money is clearly arbitrary and high-handed requiring the interference of this Court.

3. This Court, in various orders, including the judgment of a learned Single Judge of this Court dated 05.10.2021 in W.P.No.10038 of 2021 and batch had taken the view that such non-payment of dues is arbitrary and that such dues need to be cleared by the respondents at the earliest.

4. On the other hand, learned Standing Counsel for the Corporation has placed on record the written instructions dated 06.07.2026 received from the District Head Housing, Andhra Pradesh State Housing Corporation Limited, Visakhapatnam admitting net amount of Rs.54,75,676/- payable to the petitioner. But, the subject bill was not uploaded for payment. Soon after uploading of the bill, an amount of Rs.54,75,676/- will be paid to the petitioner.

5. In view of the aforesaid directions of this Court in various cases and after hearing the submissions of learned counsel for the petitioner, learned Standing Counsel, this Writ Petition is disposed of with a direction to the respondents to release the net amount of Rs.54,75,676/- to the petitioner within a period of four (04) months. No order as to costs.

6. In fact there is no admission by the Respondents either in their Written Instructions regarding the payment of interest component or by oral submissions made by the Government Pleader/Standing Counsel for Respondents. Much less, the interest component as claimed by the petitioner was neither admitted nor approved at their final bills of the respondents. Hence, in the absence of any such admission, this Court is not inclined to grant any specific amount as it admitted under the head of interest. However, the Petitioner is entitled for interest component as per the terms of Agreement if permits and also in the case of delayed payments, as per the ratio laid down by the Division Bench of this Court in W.A.No.724 of 2021. Therefore, the respondents are hereby directed to pay admitted amount within a period of four months from the date of receipt of copy of this order. As far as interest is concerned, if both parties have agreed regarding the quantum of amount towards interest, the same should be paid along with admitted amount, if not, petitioner is at liberty to submit a representation or a Memo of Statement requesting for payment of interest. If petitioner is entitled for the same, after such submission of representation or Memo, the concerned respondent authorities shall consider and pass appropriate orders after providing opportunity of hearing to both parties in case of rejection or reduction of interest amount claimed by the petitioner, within a period of four (04) weeks thereafter.

7. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

 
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