As per case facts, the Writ Petitioners, who are Civil Contractors, were assigned various contract works by the respondent authorities. They executed these works and submitted bills for payment. Despite ...
Date on which Order/Judgment was
reserved
:
13.07.2026
& 20.07.2026
Date on which Order/Judgment was
pronounced
:
31.07.2026
Date on which Order/Judgment was
uploaded on the website of the High
Court
:
31.07.2026
APHC010002512025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
(Special Original Jurisdiction)
[3327]
FRIDAY, THE 31
st
DAY OF JULY 2026
PRESENT
THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY
WRIT PETITION NO: 179/2025, 29050 of 2024,
29079 of 2024, 29140 of 2024, 29134 of 2024, 3783 of 2025,
3632 of 2025, 3781 of 2025, 3627 of 2025, 2298 of 2025,
3597 of 2025, 3612 of 2025, 8819 of 2025,
4046 of 2025, 4039 of 2025, 3614 of 2025, 19838 of 2024,
19825 of 2024, 19816 of 2024, 19791 of 2024, 15559 of 2024,
28412 of 2024, 2289 of 2025, 34068 of 2025, 4212 of 2026,
27582 of 2024, 13063 of 2024, 21771 of 2024, 13034 of 2024,
21662 of 2024, 26498 of 2024, 26322 of 2024, 23306 of 2024,
22736 of 2024, 1979 of 2025, 1958 of 2025, 1929 of 2025,
1930 of 2025, 1798 of 2025, 1839 of 2025, 1790 of 2025,
1791 of 2025, 31104 of 2024, 233 of 2025, 30994 of 2024,
31063 of 2024, 28084 of 2024, 26448 of 2024, 26492 of 2024,
27613 of 2024, 8822 of 2025, 8824 of 2025, 8826 of 2025,
8850 of 2025, 5127 of 2026, 28796 of 2024, 29012 of 2024,
28980 of 2024, 28851 of 2024, 28804 of 2024, 28850 of 2024,
28978 of 2024, 28273 of 2024, 28199 of 2024, 28197 of 2024,
13016 of 2024 and 25106 of 2025
Writ Petition No.179 of 2025:
Between:
1. DPRAVEEN KUMAR REDDY,, S/O. D.TULASI REDDY, AGED
ABOUT 49 YEARS, OCC - CONTRACTOR, R/O.D.NO.5-5-89,
ULIMELLA VILLAGE, PULIVENDULA MANDAL, YSR KADAPA
DISTRICT.
...PETITIONER
A N D
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL
SRK, J
W.P.No.179 of 2025 & Batch
2
SECRETARY, PANCHAYAT RAJ ENGINEERING DEPARTMENT
SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT.
2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL
SECRETARY FINANCE DEPARTMENT, SECRETARIAT
VELAGAPUDI, GUNTUR DISTRICT.
3. THE SUPERINTENDING ENGINEER, PANCHAYAT RAJ
DEPARTMENT, KADAPA, YSR KADAPA DISTRICT.
4. THE EXECUTIVE ENGINEER, PRI DIVISION, P ULIVENDULA,
YSR KADAPA DIVISION.
...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 to issue appropriate writ, direction, order or orders, more
particularly one in the nature of Writ of Mandamus in questioning the
action of the respondents in not releasing bill payment for the work i.e..
Construction of Protection wall for the Road from Dondlavagu -
Peddakudala Road to Thernampalli (0/2 to 0/4 to 0/4 to 0/6 Km)
Dondlavagu Village of Lingala Mandal in YSR Kadapa District for the
estimated contract value of work of Rs. 11,30,754/- in respect of the bill
amount of Rs.11,81,719/- for the work executed by the petitioner despite
the claim for the payment of bill amount is raised (Token No.2024-
173539) as illegal, arbitrary and violative of Article 14 and 21 of the
Constitution of India and consequently direct the respondents to release
an amount of Rs.11,81,719/- towards the bill amount for the works
executed by the petitioner and to 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 may be pleased to direct the respondents to release an
amount of Rs.11,81,719/-towards bill amount for the works executed by
the petitioner i.e.. Construction of Protection wall for the Road from
Dondlavagu - Peddakudala Road to Thernampalli (0/2 to 0/4 to 0/4 to 0/6
Km) Dondlavagu Village of Lingala Mandal in YSR Kadapa District,
pending disposal of the Writ Petition and pass
Counsel for the Petitioner:
1. K NAVEEN KUMAR
Counsel for the Respondent(S):
1. GP FOR PANCHAYAT RAJ RURAL DEV
2. GP FOR FINANCE PLANNING
The Court made the following:
SRK, J
W.P.No.179 of 2025 & Batch
3
THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY
WRIT PETITION NOs: 179 of 2025, 29050 of 2024,
29079 of 2024, 29140 of 2024, 29134 of 2024, 3783 of 2025,
3632 of 2025, 3781 of 2025, 3627 of 2025, 2298 of 2025,
3597 of 2025, 3612 of 2025, 8819 of 2025,
4046 of 2025, 4039 of 2025, 3614 of 2025, 19838 of 2024,
19825 of 2024, 19816 of 2024, 19791 of 2024, 15559 of 2024,
28412 of 2024, 2289 of 2025, 34068 of 2025, 4212 of 2026,
27582 of 2024, 13063 of 2024, 21771 of 2024, 13034 of 2024,
21662 of 2024, 26498 of 2024, 26322 of 2024, 23306 of 2024,
22736 of 2024, 1979 of 2025, 1958 of 2025, 1929 of 2025,
1930 of 2025, 1798 of 2025, 1839 of 2025, 1790 of 2025,
1791 of 2025, 31104 of 2024, 233 of 2025, 30994 of 2024,
31063 of 2024, 28084 of 2024, 26448 of 2024, 26492 of 2024,
27613 of 2024, 8822 of 2025, 8824 of 2025, 8826 of 2025,
8850 of 2025, 5127 of 2026, 28796 of 2024, 29012 of 2024,
28980 of 2024, 28851 of 2024, 28804 of 2024, 28850 of 2024,
28978 of 2024, 28273 of 2024, 28199 of 2024, 28197 of 2024,
13016 of 2024 and 25106 of 2025
C O M M O N O R D E R
The Writ Petitioners in the batch of these Writ Petitions, who
are Contractors and firms are claiming the respective amounts for
executing the respective contract works assigned to them by the
respondent authorities. Since the point involved in all these Writ
Petitions is one and the same, at request of all the counsel, they
are being taken up together and disposed of, by this Common
Order.
2. In these Writ Petitions, the Writ Petitioners are seeking
to declare the action of the respondents in not releasing the
payments for the bills submitted for execution of the respective
SRK, J
W.P.No.179 of 2025 & Batch
4
works by them, and consequently, seek direction to the
respondents to release the pending bill amounts for the said works
executed by the Writ Petitioners.
3. Heard all the learned counsel appearing for the parties
on record.
4. The Writ Petitioners claim to be Civil Contractors. The
details of the works claimed to have been executed by the Writ
Petitioners and the amounts claimed due by them for execution of
the respective works, are as under:
Sl.
No.
Writ Petition No. Description of Works executed by the petitioner Amount Claimed
1. W.P.No.179 of 2025
Construction of Protection Wall for the
road from Dondlavagu – Peddakudala
Road to Thernampalli (0/2 to 0/4 to 0/4
to 0/6 km) Dondlavagu Village of
Lingala Mandal in YSR Kadapa District.
Rs.11,81,719/-
2. W.P.No.29050 of 2024
1. Providing Filter and Motor (SP Set)
near Papagni River and Construction of
Dhobi Ghat at Kuppam Village and
Gram Panchayat of Chakrayapeta
Mandal, YSR District.
Rs.19,33,681/-
2. Providing CC Road from Obul Reddy
House to Devara House in
Marellamadaka Village and Gram
Panchayat of Chakrayapeta Mandal,
YSR District.
3. Providing CC Road from Bhushanam
House to Obul Reddy House in
Marellamadaka Village and Gram
Panchayat of Chakrayapeta, YSR
District.
SRK, J
W.P.No.179 of 2025 & Batch
5
4. Providing CC Road from Devara
House to Sedabavi in Marellamadaka
Village and Gram Panchayat of
Chakrayapeta, YSR District.
3. W.P.No.29079 of 2024
Providing Painting and Electrification to
SW Hostel for Girls at Nallapureddypalli
Village of Pulivendula Mandal, YSR
Kadapa District.
Rs.10,04,592/-
4. W.P.No.29140 of 2024
Construction of Toilet and Water
Supply, near Banukota Temple o f
Ahobhilapuram Village of
Simhadripuram Mandal, YSR Kadapa
District.
Rs.10,25,760/-
5. W.P.No.29134 of 2024
Construction of Library Building at
Vemula (V & M), YSR Kadapa District.
Rs.19,62,974/-
6. W.P.No.3783 of 2025
Construction of 6 Nos. Single Row Pipe
Culvert on Balapanuru to
Kamasamudram Road in Balapanuru
(V & GP) of Simhadripuram Mandal,
YSR Kadapa District.
Rs.16,29,779/-
7. W.P.No.3632 of 2025
Construction of Low Level Vented
Causeway on Peddakudala Dova near
Ravi prakash fields in Balapanuru (V &
GP) of Simhadripuram Mandal, YSR
Kadapa District.
Rs.20,61,833/-
8. W.P.No.3781 of 2025
Construction of Low Level Vented
Causeway on Kuchalaku Dova near
Pullareddy Thota in Balapanuru (V &
GP) of Simhadripuram Mandal, YSR
Kadapa District.
Rs.15,09,428/-
9. W.P.No.3627 of 2025
Providing BT Road to the road from
K.Velamavaripalli to Pulivendula of
Pulivendula Mandal, YSR Kadapa
District.
Rs.30,75,997/-
10. W.P.No.2298 of 2025
Construction of Side Drainage, near BC
Colony at Ravulakolanu Village of
Simhadripuram Mandal.
Rs.15,62,060/-
SRK, J
W.P.No.179 of 2025 & Batch
6
11. W.P.No.3597 of 2025
Construction of Low Level Vented
Causeway on Madhava Vanka Dova in
Balapanuru (V & GP) of Simhadripuram
Mandal, YSR Kadapa District.
Rs.21,49,776/-
12. W.P.No.3612 of 2025
Construction of Low Level Vented
Causeway and Protection Wall across
Pandulakonda Vanka in Balapanuru (V
& GP) of Simhadripuram Mandal, YSR
Kadapa District.
Rs.13,77,806/-
13. W.P.No.8819 of 2025
Construction of Compound Wall to
Hindu Burial Ground at
katlagantivaripalli (V), Kallurupalli (GP),
Chakrayapeta Mandal, YSR Kadapa
District.
Rs.19,00,986/-
14. W.P.No.4046 of 2025
Providing Borewell RO Plant and
Epoxy flooring inside the Banana Cold
Storage in Brahmanapalli Village,
Pulivendula (M), YSR Kadapa District.
Rs.23,43,256/-
15. W.P.No.4039 of 2025
Levelling and earthwork filling at East
side of Banana Research Centre,
Nallapureddypalli (V) of Pulivendula
Mandal, YSR Kadapa District.
Rs.19,64,247.95
paise
16. W.P.No.3614 of 2025
Construction of Low Level Vented
Causeway on Peddakudala Dova near
Mohinuddin fields in Balapanuru (V &
GP) of Simhadripuram Mandal, YSR
Kadapa District.
Rs.19,67,751/-
17.
W.P.No.19838 of 2024
Drilling 369 bore wells under YSR
Jalakala Bore Well works in different
Mandals in Pulivendula Constituency.
Rs.48,31,975/-
18.
W.P.No.19825 of 2024
Drilling 369 bore wells under YSR
Jalakala Bore Well works in different
Mandals in Pulivendula Constituency.
Rs.53,40,527/-
19.
W.P.No.19816 of 2024
Drilling 369 bore wells under YSR
Jalakala Bore Well works in different
Mandals in Pulivendula Constituency.
Rs.50,41,512/-
SRK, J
W.P.No.179 of 2025 & Batch
7
20.
W.P.No.19791 of 2024
Drilling 369 bore wells under YSR
Jalakala Bore Well works in different
Mandals in Pulivendula Constituency.
Rs.32,96,229/-
21. W.P.No.15559 of 2024
1. Providing Balance CC Road BC
Colony road from existing road dam to
BC Colony at K.Yerragudi (V & GP) of
Chakrayapeta Mandal, YSR Kadapa
District.
Rs.36,57,068/-
2. Providing 1000 mm dia Pipe Culvert
to the Thinamanakala Narava near BC
Colony Village of K.Yerragudi GP of
Chakrayapeta Mandal, YSR Kadapa
District.
22. W.P.No.28412 of 2024
Improvements to the Masjid in
Nallapureddypalli, H/o. Erraballi GP of
Pulivendula Mandal of YSR Kadapa
District.
Rs.11,56,263/-
23. W.P.No.2289 of 2025
Providing internal CC Road from
Ramanamma House to Narasimha
Reddy House of Nersupalli GP of
Chakrayapeta Mandal, YSR Kadapa
District.
Rs.6,34,610/-
24. W.P.No.34068 of 2025
Renovation of Old Veterinary Hospital
Building at Nagulaguttapalli Village,
Surabhi Gr am Panchayat,
Chakrayapeta Mandal of YSR Kadapa
District.
Rs.5,00,000/-
25. W.P.No.4212 of 2026
Construction of CC road from water
tank to the house of Hanumantha
Reddy in Pendluru (V & GP) of Vemula
Mandal, YSR Kadapa District.
Rs.8,92,598/-
26. W.P.No.27582 of 2024
Construction of Compound Wall to
Gangamma Temple in Thallapalli
Village and Gram Panchayat, Vempalli
Mandal, YSR Kadapa District.
Rs.13,39,930/-
27. W.P.No.13063 of 2024
Completion of incomplete Community
Hall at Gavi Malleswaraswamy Temple
Rs.23,54,006/-
SRK, J
W.P.No.179 of 2025 & Batch
8
in Vempalli (V & GP) of Vempalli
Mandal, YSR Kadapa District.
28. W.P.No.21771 of 2024
Construction of Compound Wall and
CC Road to GS & RBK Buildings in
Vempalli-1 of Vempalli Village and
Mandal, YSR Kadapa District.
Rs.18,44,838/-
29. W.P.No.13034 of 2024
Construction of Community Hall at Gavi
Malleswara Swamy Temple, Vempalli
Village and Mandal, YSR Kadapa
District.
Rs.83,38,415/-
30. W.P.No.21662 of 2024
Construction of IV x 1000 mm dia pipe
culverts on the road from PAV Road to
Pamulur Road at Ayyavaripalli Village,
Vempalli Mandal, YSR Kadapa District.
Rs.8,82,096/-
31. W.P.No.26498 of 2024
Construction of Vented Causeway
across Nalla Vanka for the road from
Y.Kothapalli to Kacherlakunta of
Simhadripuram Mandal, YSR Kadapa
District.
Rs.68,56,549/-
32.
W.P.No.26322 of 2024
1. Providing of Galvanized Sheet shed
for Kalyanamandapam and
Construction of Office Room in the
premises, relating to Sri Racharaya
Swamy and Sri Venkateswara Swamy
Temple at Chakrayapeta (V & M) of
YSR Kadapa District.
Rs.67,23,830/-
2. Completion of incomplete
Kalyanamandapam near Sri
Venkateswara Swamy Temple at
Chakrayapeta (V & M) of YSR Kadapa
District.
33. W.P.No.23306 of 2024
Construction of Compound Wall to
Siddeswaraswamy Temple at
Bandlayyagaripalli Village in Surabhi
GP of Chakrayapeta Mandal, YSR
Kadapa District.
Rs.19,23,647/-
SRK, J
W.P.No.179 of 2025 & Batch
9
34. W.P.No.22736 of 2024
Providing Fencing and Retaining Wall
to integrated pack house at
Bramhanapalli Village of Pulivendula
Mandal, YSR Kadapa District.
Rs.80,00,000/-
35. W.P.No.1979 of 2025
Construction of Compound Wall to
Digital Library at Atchavelli (V & GP) of
Pulivendula Mandal, YSR Kadapa
District.
Rs.15,34,896/-
36. W.P.No.1958 of 2025
Construction of RCC Pipe Culvert of
1000 mm dia. NP3 Class Pipes of 4
Rows Culvert to Pilla Vanka between
Sivalayam – Burial Ground in Goturu (V
& GP) of Thondur Mandal, YSR
Kadapa District.
Rs.12,82,356/-
37. W.P.No.1929 of 2025
Completion of incomplete Grama
Sachivalayam Building at E.Kothapalli
(V & GP) of Pulivendula Mandal, YSR
Kadapa District.
Rs.4,43,149/-
38. W.P.No.1930 of 2025
Completion of incomplete Health Clinic
Building at E.Kothapalli (V & GP) of
Pulivendula Mandal, YSR Kadapa
District.
Rs.4,24,070/-
39.
W.P.No.1798 of 2025
Completion of incomplete Culvert for
the road from Atchavelli to Jalaparthi at
Atchavelli GP of Pulivendula Mandal,
YSR Kadapa District.
Rs.13,33,926/-
40.
W.P.No.1839 of 2025
Construction of Anganwadi Centre
Building at Kanepalli Atchavelli GP of
Pulivendula Mandal, YSR Kada pa
District.
Rs.11,75,365/-
41. W.P.No.1790 of 2025
Construction of Compound Wall to New
Grama Sachivalayam Complex at
Muthukuru (V & GP) of Vempalli
Mandal, YSR Kadapa District.
Rs.17,07,217/-
42.
W.P.No.1791 of 2025
Construction of Compound Wall to
Gangamma Temple in Chinthalajuturu
Village and G.P. of Vemula Mandal,
Rs.11,45,024/-
SRK, J
W.P.No.179 of 2025 & Batch
10
YSR Kadapa District.
43. W.P.No.31104 of 2024
Completion of incomplete Protection
Wall to Sivalayam Temple at
Chillekampalli Village and Gram
Panchayat, Chakrayapeta Mandal, PRI
Vempalli, PRI Pulivendula, YSR
Kadapa District.
Rs.3,55,996/-
44. W.P.No.233 of 2025
Providing CC Road from Sivaiah fields
to Rama Mohan Reddy fields of
Dondlavagu Village of Lingala Mandal
in YSR Kadapa District.
Rs.19,76,986/-
45. W.P.No.30994 of 2024
1. Providing CC Road from Bukka
Peddi Reddy House to OHSR new
(Water Tank) at Isukachintalapalli,
Kotturu Village of Chkrayapeta Mandal,
YSR Kadapa District.
Rs.26,35,083/-
2. Construction of Compound Wall to
Park near MPDO Office in
Chakrayapeta Village and Gram
Panchayat of Chakrayapeta Mandal,
YSR Kadapa District.
46. W.P.No.31063 of 2024
Repairs to Building and Toilets for
Polling Station No.265 at Gandikovvuru
Village of Gandikovvuru Gram
Panchayat, Chakrayapeta Mandal,
Vempalli, PRI Pulivendula, YSR
Kadapa District.
Rs.4,39,230/-
47. W.P.No.28084 of 2024
Construction of Protection Wall to
Vaagu near SC Colony in Kathaluru
(V&GP) of Vempalli Mandal, YSR
Kadapa District.
Rs.35,27,728/-
48. W.P.No.26448 of 2024
Construction of Compound Wall to
Grama Sachivalayam Office and Digital
Library in Y.Kothapalli Village of
Simhadripuram Mandal, YSR Kadapa
District.
Rs.22,82,788/-
SRK, J
W.P.No.179 of 2025 & Batch
11
49. W.P.No.26492 of 2024
Providing Road Dam and Slab Culvert
to the road from Simhadripuram –
Musalreddypalli R & B road to
Y.Kothapalli of Simhadripuram Mandal,
YSR Kadapa District.
Rs.33,93,061/-
50.
W.P.No.27613 of 2024
Construction of Compound Wall to BC
Burial Ground in Bhumaiahgaripalli (V)
of Meedipentla GP of Vemula Mandal,
YSR Kadapa District.
Rs.33,09,110.12
paise
51. W.P.No.8822 of 2025
Completion of incomplete Bulk Milk
Collection Unit in Kovaramguttapalli
(V&GP) of Simhadripuram Mandal,
YSR Kadapa District.
Rs.19,32,315/-
52. W.P.No.8824 of 2025
Construction of Protection Wall and
Compound Wall to Muslim Burial
Ground in Lingala (V & GP) of Lingala
Mandal, YSR Kadapa District.
Rs.16,99,926/-
53. W.P.No.8826 of 2025
Formation of Gravel road from
Parnapalli to Chinnakotla Village
(Gandikota Water Point to Sathya Sai
Pump House) of Parnapalli (V & GP) of
Lingala Mandal.
Rs.3,83,020/-
54. W.P.No.8850 of 2025
Completion of incomplete Bulk Milk
Collection Unit in Velidandla (V & GP)
of Lingala Mandal, YSR Kadapa
District.
Rs.18,41,907/-
55.
W.P.No.5127 of 2026
Construction of 8VX 1000 mm Dia Pipe
Culvert near Lothu Vanka at
Kondavandlapalli Village of
Marellamadaka Gram Panchayat of
Chakrayapeta Mandal, YSR Kadapa
District.
Rs.12,82,463/-
56. W.P.No.28796 of 2024
Completion of incomplete items in
Wellness Center of New Grama
Sachivalayam Complex at B.T.Palli
Village of Surabhi GP of Chakrayapeta
Mandal.
Rs.4,53,353/-
SRK, J
W.P.No.179 of 2025 & Batch
12
57. W.P.No.29012 of 2024
Providing New Pump Set its and
accessories for Two Habitations in
E.Kothapalli Village of Pulivendula
Mandal.
Rs.10,45,605/-
58. W.P.No.28980 of 2024
Providing CC Pavement from Km 6/124
to 6/161 & 6/400 to 7/200
(Nallapureddypalli Village Limits) CC
Patchwork for Pulivendula -
Ambakapalli-Murarichintala Road in
YSR Kadapa District.
Rs.16,93,265.32
paise
59. W.P.No28851 of 2024
Construction of Compound Wall to
Grama Sachivalayam premises at
B.T.Palli of Surabhi (V & GP) of
Chakrayapeta Mandal, YSR Kadapa
District.
Rs.12,61,210/-
60. W.P.No.28804 of 2024
Completion of incomplete items in RBK
Building and Construction of Sump,
Septic Tank of New Grama
Sachivalayam Complex at B.T.Palli
Village of Surabhi GP of Chakrayapeta
Mandal.
Rs.4,49,201/-
61. W.P.No.28850 of 2024
Providing Pipe Drain (UGD) at
Paidipalem village of Simhadripuram
Mandal.
Rs.26,61,805/-
62. W.P.No.28978 of 2024
Augmentation of PWS Schem e to
Karnapapayapalli Village of Lingala
Mandal.
Rs.16,59,217/-
63. W.P.No.28273 of 2024
Construction of Compound Wall to
Burial Ground in Kota (V) of
Meedipentla GP of Vemula Mandal,
YSR Kadapa District.
Rs.24,63,671/-
64. W.P.No.28199 of 2024
Construction of Rythu Barosa Kendram
at Vemula Village and GP of Vemula
Mandal, YSR Kadapa District.
Rs.14,48,437/-
65. W.P.No.28197 of 2024
Construction of Compound Wall to
Grama Sachivalayam Complex at
E.Kothapalli Village and GP of
Rs.12,99,177/-
SRK, J
W.P.No.179 of 2025 & Batch
13
Pulivendula Mandal, YSR Ka dapa
District.
66. W.P.No.25106 of 2025
Construction of Wall to Grama
Sachivalayam Building in Alireddypalli
Village and Gram Panchayat, Vempalli
Mandal, YSR District.
Rs.10,03,582/-
67. W.P.No.13016 of 2024
Construction of Retaining Wall
(Cantilever Type) at Building outside
gravel filling, dismantling of old
buildings, preparation work for old
building site near Government School
at Mandal Mini Secretariat Complex at
Pulivendula, YSR District.
Rs.49,68,849/-
5. It is the case of the Writ Petitioners that they executed
the aforesaid respective works as per the Agreements entered into,
with the respondents, and the respondent authorities examined and
scrutinized the same, and made entries in the M-Book, but the
respondent authorities are not taking steps to release the amounts
to the Writ Petitioners. Though the Writ Petitioners approached the
respondent authorities on multiple occasions, requesting for
payment of pending bills amount, the authorities are not releasing
the amounts due to them. According to the Writ Petitioners, having
executed the works satisfactorily, within the prescribed time, non-
payment of the bills amount is arbitrary and unjustified, and the
delay in payment is causing severe financial hardship,
SRK, J
W.P.No.179 of 2025 & Batch
14
necessitating the filing of the present Writ Petitions seeking
appropriate directions for release of the outstanding amounts.
6. Respondent No.10-the Director General, Vigilance &
Enforcement, Vijayawada, filed counter-affidavit in Writ Petition
No.19791 of 2024, denying the contents of the Writ affidavit, inter
alia contending that pursuant to the Orders of this respondent, vide
Memo No.0215/V&E /Engg./2025-2, dated 03.04.2025, the
Regional Vigilance and Enforcement Officer, Kadapa had
undertaken inquiry in respect of works sanctioned under the PADA
(Pulivendula Area Development Authority) Programme. It is further
contended that out of 4,935 works sanctioned under the said
programme, 3,510 works were executed. During initial phase of
inquiry, 279 works were taken up randomly for investigation and an
interim report in respect thereof was submitted to this respondent
on 24.10.2025.
(b) It is further stated in the counter-affidavit that during
the course of inquiry, serious irregularities were noticed in 92
works, warranting proposals for recovery of amount to a tune of
Rs.8.95 crores. The irregularities included – claims made towards
agreement items that were found unexecuted during the field
verification, submission of false information regarding existing
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15
commitments and turnover, inflation of turnover figures, and
production of fabricated and forged experience certificates for
securing tenders in violation of G.O.Ms.No.94, dated 01.07.2003.
Thereafter, in order to facilitate a comprehensive examination of
the remaining executed works under the PADA Programme, further
instructions were issued vide Memo No.0215/V&E/Engg./2025,
dated 01.04.2026.
(c) It is further stated that the Vigilance Inquiry is
independent of the statutory and administrative functions of the
executing Departments relating to the scrutiny, processing, and
release of payments, and this respondent had neither issued any
direction, restraining the competent authorities from considering the
claim of the Contractors who executed the works nor advised them
to await completion of the Vigilance Inquiry before taking an
appropriate decision in accordance with applicable Rules. It is
further stated that the findings, if any, of the Vigilance and
Enforcement Department, are only advisory and recommendatory
in nature, and are placed before the competent authorities for such
action as may be deemed appropriate in accordance with law. In
the event any irregularity warranting recovery is noticed
subsequently, it is always open to the competent authorities to
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16
initiate appropriate action in accordance with law. Therefore, the
petitioners cannot attribute the alleged non-release of payments to
any action or omission on the part of this respondent. Hence, it is
prayed to dismiss the Writ Petition.
7. Perused the entire material available on record.
8. A perusal of the material on record goes to show that
there is no dispute with regard to the fact that the respondent
authorities assigned the respective contract works, as mentioned
supra, to the respective Writ Petitioners. Grievance of the Writ
Petitioners is that though they executed the said contract works
within the stipulated time to the satisfaction of the respondent
authorities, the respondent authorities are not releasing the
payments covered under the bills that were submitted by the Writ
Petitioners for the amounts spent by them for executing the
respective works.
9. Many of the subject Writ Petitions were instituted in the
years 2024 and 2025, and some of them in the month of February,
2026. As per Rule 12 (i) (a) of the Writ Proceedings Rules, 1977 of
the High Court of Andhra Pradesh, every respondent in every Writ
Petition intending to enter appearance and oppose any Writ
Petition on which notice is issued by the High Court, shall enter
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17
appearance and file a Counter Affidavit in opposition as soon as
may be and in any event one hundred and twenty days from the
date of service of notice in the Writ Petition or the Service of Rule
nisi on the said Respondent. Despite adjourning the Writ Petitions
from time to time for filing counter-affidavits by the respondents, the
counter-affidavits have not been filed within the stipulated period of
120 days as per the Writ Proceedings Rules, 1977. Therefore, this
Court is constrained to proceed with the Writ Petitions basing on
the material available on record.
10. Learned Assistant Government Pleader for Finance
and Planning submits that during the period from 2019 to 2024,
certain developmental works were executed under the erstwhile
PADA, and subsequently, the PADA was closed by the
Government in the year 2024.
11. A perusal of the material on record goes to show that
even according to the respondents, there is no dispute with regard
to execution of the respective works by the Writ Petitioners, and the
Writ Petitioners’ entitlement for the net amount. On this aspect, it is
pertinent to refer a Judgment of the Hon’ble Apex Court in M/s.
Utkal Highways Engineers and Contractors v. Chef General
SRK, J
W.P.No.179 of 2025 & Batch
18
Manager & Ors.
1
, wherein the Hon’ble Apex Court held as under:
(paragraph No.8)
“Be that as it may, the High Court has not dealt with
the merits of the Writ Petition. Moreover, it is not an inviolable
rule that no money claim can be adjudicated upon in exercise
of Writ jurisdiction. Non-payment of admitted dues, inter alia,
may be considered an arbitrary action on the part of
respondents and for claiming the same, a Writ Petition may
lie. Further, throwing a Writ Petition on ground of availability
of alternative remedy after 10 years, particularly, when parties
have exchanged their affidavits, it not the correct course
unless there are disputed questions of fact which by their very
nature cannot be adjudicated upon without recording formal
evidence.”
12. It is also pertinent to refer to a decision of the Hon’ble
Apex Court in Hari Krishna Mandir Trust v. St ate of
Maharashtra and Others
2
wherein it is held as under: (paragraph
Nos.100 and 101)
“100. The High Courts’ exercising their jurisdiction
under Article 226 of the Constitution of India, not only have the
power to issue a Writ of Mandamus or in the natur e of
Mandamus, but are duty-bound to exercise such power, where
the Government or a public authority has failed to exercise or
has wrongly exercised discretion conferred upon it by a statute,
or a rule, or a policy decision of the Government or has
1
2025 SCC OnLine SC 1400
2
AIR 2020 Supreme Court 3969.
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W.P.No.179 of 2025 & Batch
19
exercised such discretion mala fide, or on irrelevant
consideration.
101. In all such cases, the High Court must issue a
Writ of Mandamus and give directions to compel performance in
an appropriate and lawful manner of the discretion conferred
upon the Government or a public authority.”
13. Further, in Kashmir Wood Products v. Verinag
Development Authority and Others
3
, the High Court of Jammu &
Kashmir held as under: (paragraph No.8)
“8. It is astonishing to note that despite there being no
dispute as regards the claim of the petitioners, the respondents
have sit over the matter for the last more than six years and
they have not released the payment in favour of the petitioner. If
the requisite funds were not available with the respondents,
they had no business to allot the work to the petitioner and if in
spite of financial constraints, the respondents have made the
petitioner to execute the work out of his own funds, it is their
bounden duty to reimburse the petitioner at the earliest, that too
with interest.”
Since, in the case on hand, the amounts payable are
admitted and undisputed, non-payment thereof amounts to
arbitrary action on the part of the respondents, and hence, the Writ
Petitions are maintainable.
3
2021 SCC OnLine J&K 814.
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14. The only contention of the learned Assistant
Government Pleader is that a Vigilance Inquiry was initiated basing
on the complaints received with regard to some irregularities that
occurred in execution of PADA works, and that the Director
General (Vigilance and Enforcement), Vijayawada is conducting
inquiry and the Inquiry Report is awaited. According to the
respondents, since Vigilance Inquiry is contemplated and report is
awaited, the respective amounts payable to the Writ Petitioners
have been kept pending. On this aspect, a perusal of the counter-
affidavit filed by the Director General, Vigilance & Enforcement,
Vijayawada goes to show that the Vigilance Inquiry is independent
of the statutory and administrative functions of the executing
Departments, relating to scrutiny, processing and release of
payments and that, the said authority had not issued any direction
restraining the authorities competent, from considering the claim of
the Contractors, and it had not advised them to await completion of
the Vigilance Inquiry before taking appropriate decision in regard to
the claims. From the said counter-affidavit, it is clear that in the
event, any irregularity, warranting recovery is noticed subsequently,
it is open to the competent authorities to initiate appropriate action
in accordance with law. In regard to pendency of Vigilance Inquiry,
it is also pertinent to refer to a decision rendered by Coordinate
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21
Bench of this Court, in Katta Chinna Kotaiah v. The State of
Andhra Pradesh
4
wherein, this Court held as under:
“The Apex Court and this Court in catena of decisions
held that when there is non-payment of the undisputed bills, the
same is violative of Articles 14 and 16 of the Constitution of
India. The counsel for the petitioner rightly placed reliance on the
decision of the Apex Court in M/s. Surya Constructions v. State
of Uttar Pradesh and others [(2019) 16 SCC 794], following the
judgment in ABL International Ltd. v. Export Credit Guarantee
Corporation of India Ltd. [2004 (3) SCC 553]. In view of the Apex
Court judgment, the contention of the learned Government
Pleader that the Writ Petition is not maintainable before this
Court could not be countenanced. The bills of the petitioner
dated 13.03.2019 are admitted by the respondents and
forwarded for payment after due measurements and obtaining
quality control and the Vigilance report. Hence, the authorities
are stopped from stating that the bills are submitted without
executing the works. On the mere ground of pendency of
Vigilance report, payment cannot be stopped. Accordingly, there
shall be a direction to the respondents to pay the bill amount of
Rs.8,08,828/- to the petitioner within a period of six weeks from
the date of receipt of copy of this order.”
15. In the case on hand, the only ground for not releasing
the amounts to the Writ Petitioners/Contractors is that the
authorities are awaiting Vigilance Inquiry Report. As held in the
aforesaid decision, mere pending receipt of the Vigilance Inquiry
Report is not a ground to withhold the payments. Even according to
4
MANU/AP/0721/2022.
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W.P.No.179 of 2025 & Batch
22
the counter-affidavit filed by the Director General, Vigilance and
Enforcement, Vijayawada, the Writ Petitioners cannot attribute the
alleged non-release of payments to any action or omission on the
part of the said respondent, and that the said respondent had
neither issued any direction, restraining the competent authorities
from considering the Writ Petitioner’s claim nor advised them to
await completion of the Vigilance Inquiry before taking appropriate
decision in accordance with the applicable Rules. When an
instrumentality of the State acts contrary to the public good and
public interest, unfairly, unjustly and unreasonably, in its
contractual, constitutional or statutory obligations, it really acts
contrary to the constitutional guarantee found in Article 14 of the
Constitution of India. It is not the case of the respondents that the
contracts in question were obtained either by fraud or
misrepresentation. When once the respondent No.10, in clear
terms stated that the action or omission on the part of this
respondent cannot be attributed for non-release of payments, there
is no other reason for the respondent authorities in not releasing
the amounts in favour of the Writ Petitioners. Therefore, in the
aforesaid circumstances, in the considered opinion of this Court,
mere pending receipt of the Vigilance Inquiry Report is not a
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W.P.No.179 of 2025 & Batch
23
ground for withholding the amounts for the works which are
admittedly executed by the Writ Petitioners.
16. The Hon’ble Apex Court in Surya Constructions v.
State of Uttar Pradesh and Others
5
held as under: (paragraph
Nos.3 and 4)
“3. It is clear, therefore, from the aforesaid Order
dated 22.03.2014 that there is no dispute as to the amount that
has to be paid to the appellant. Despite this, when the appellant
knocked at the doors of the High Court in a Writ Petition being
Writ Civil No.25216 of 2014, the impugned judgment dated
02.05.2014 [Surya Construction v. State of U.P., 2014 SCC
OnLine All 6071] dismissed the Writ Petition stating that
disputed questions of fact arise and that the amount due arises
out of a contract. We are afraid the High court was wholly
incorrect inasmuch as there was no disputed question of fact.
On the contrary, the amount payable to the appellant is wholly
undisputed. Equally, it is well settled that where the State
behaves arbitrarily, even in the realm of contract, the High Court
could interfere under Article 226 of the Constitution of India
(ABL International Ltd. v. Export Credit Guarantee Corpn. Of
India Ltd. [ABL International Ltd. v. Export Credit Guarantee
Corpn. of India Ltd., (2004) 3 SCC 553]).
4. This being the case and the work having been
completed long back in 2009, we direct Uttar Pradesh Jal
Nigam to make the necessary payment within a period of four
weeks from today. Given the long period of delay, interest @
6% p.s. may also be awarded.”
5
(2019) 16 SCC 794.
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W.P.No.179 of 2025 & Batch
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17. Apart from this, when State or State instrumentalities
act in an arbitrary manner or fail to act within time, the Writ Court
does have jurisdiction to entertain the matter.
18. Learned counsel appearing for the Writ Petitioners
submit that in respect of other Districts, the Government authorities
have released the amounts in favour of the respective Contractors,
who executed the works, but in respect of the District in which the
subject works were executed, the respondent authorities withheld
the amounts without there being any justifiable reason. This Court
is not inclined to go into this aspect.
19. In view of the foregoing discussion and having regard
to all the facts and circumstances of the case, in respect of the bills
for the works executed by the respective Writ Petitioners up to
Rs.25.00 lakhs, the respondent authorities are directed to pay the
said amount to the respective Writ Petitioners within a period of
Four (4) weeks from the date of receipt of a copy of this order. In
respect of the bills for the other works executed by the respective
Writ Petitioners which are above Rs.25.00 lakhs, the respondent
authorities are directed to pay the said amount to the respective
Writ Petitioners within a period of Eight (8) weeks from the date of
receipt of a copy of this order. It is made clear that in the event of
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W.P.No.179 of 2025 & Batch
25
any irregularity noticed in the Vigilance Inquiry Report, warranting
recovery, it is open to the authority concerned to initiate appropriate
action in accordance with law.
20. Accordingly, the Writ Petitions are disposed of. There
shall be no order as to costs of these Writ Petitions.
As a sequel, interlocutory applications pending, if any, in
these Writ Petitions shall stand closed.
JUSTICE K. SREENIVASA REDDY
31
st
July, 2026.
DNB/DRK
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