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2026 Supreme(Online)(AP) 2057

HIGH COURT OF ANDHRA PRADESH
NYAPATHY VIJAY
M/S SRI DATTASAI CONSTRUCTIONS – Appellant
Versus
The State of Andhra Pradesh – Respondent
WP 164/2026



APHC010715242025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3460]

(Special Original Jurisdiction)

THURSDAY, THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 164/2026 Between:

1. M /S SRI DATTASAI CONSTRUCTIONS, REP BY ITS MANAGING PARTNER, B.B APPA RAO, S/O PARDESI NAIDU, AGE 61YRS, D.NO. 4-69-17/1, LAW SONS BAY COLONY, VISAKHAPATNAM.

...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPALSECRETARY, TRIBAL WELFARE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, A.P.

2. T HE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, A.P 522237.

3. T HE DIRECTOR OF TRIBAL WELFARE DEPARTMENT, D.NO. 40-6-22A, KANDHARI HOTEL ROAD, REVENUE COLONY, VIJAYAWADA, A.P.520010

4. T HE PROJECT OFFICER, ITDA, SEETHAMPETA, SRIKAKULAM DISTRICT (OLD) NOW PARVATHIPURAM MANYAM DISTRICT.535502

5. T HE CHIEF ENGINEER, O/O TRIBAL WELFARE ENGINEERING DEPARTMENT 40-1-86, FORTUNEMURALI PARK ROAD, REVENUE COLONY,VIJAYAWADA A.P

520010

6. T HE SUPERINTENDING ENGINEER, O/O TRIBAL WELFARE ENGINEERING DEPARTMENT USHODAYA JUNCTION, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 530017

7. T HE EXECUTIVE ENGINEER, O/O. TRIBAL WELFARE ENGINEERING DEPARTMENT SEETHAMPETA, SRIKAKULAM DISTRICT (OLD). PARVATIPURAM MANYAM DISTRICT (NEW). A.P 535502 ...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 an order, direction, writ, more particularly Writ of Mandamus declaring the action of the Respondents in not paying the interest on the delayed payments of contract bills @ 6percentage per annum for the amount of Rs.4,32,25,170/- from 01.08.2021 to 16.07.2025 by the respondents is illegal, improper, unjust and contrary to law and consequently direct the respondents to pay the interest @ 6percentage per annum for the amount of Rs.4,32,25,170/- from 01.08.2021 to 16.07.2025 by considering the representation dated 25.09.2025 and

28.11.2025 and pass such other orders.

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 respondents to consider the representation dated 25.09.2025 and 28.11.2025 for payment of interest amount @ 6percentage per annum for an amount of Rs.4,32,25,170/- from 01.08.2021 to 16.07.2025pending disposal of the above Writ Petition and pass such other orders.

Counsel for the Petitioner:

1. K RAGHU VEER Counsel for the Respondent(S):

1. GP FOR SOCIAL WELFARE

2. GP FOR FINANCE PLANNING The Court made the following:

THE HONBLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.164 of 2026

ORDER:

1. The present Writ Petition is filed questioning the action of Respondents in not paying the interest on the delayed payments of contract bills @ 6% per annum for the amount of Rs.4,32,25,170/- from 01.08.2021 to 16.07.2025 by the Respondents, as illegal and arbitrary.

2. The Petitioner herein is a Contractor and has been awarded tender for providing infrastructure to the newly converted Tribal Welfare Boys Hostel to Tribal Welfare Ashram School at Bhamini Village and Mandal, Srikakulam District and the estimated value of the work is Rs.8.75 Crores vide Agreement No.235/2018-19, dated 06.02.2019. Though the Petitioner had completed the work in terms of the Agreement, the balance amount of Rs.4,32,25,170/- was due to the Petitioner. Hence, the Petitioner filed W.P.No.12616 of 2023 before this Court and the same was disposed of on 08.08.2023 with the following directions;

“6. Accordingly, the present Writ Petition is disposed of directing the respondents to release the legally entitled amount to the petitioner, at the earliest and at any rate, within a period of three (03) months from the date of receipt of a copy of this order. It would be open to the petitioner to agitate his

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