APHC010715682025 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: 211/2026 Between:

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

...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, 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.

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

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

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

6. T HE EXECUTIVE ENGINEER, O/O. TRIBAL WELFARE ENGINEERING DEPARTMENT ARAKU, VISAKHAPATANAM DIST (OLD). ALLURI SEETHARAMARAJU DISTRICT (NEW). A.P ...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 @ 6percent per annum for the part bill amount of Rs.90,34,467/- from 13.09.2021 to 31.03.2024 and final bill amount Rs. 1,02,58,437/- from 13.09.2021 to 12.07.2024 by the respondents is illegal, improper, unjust and contrary to law and consequently direct the respondents to pay the interest @ 6percent per annum for the part bill amount of Rs.90,34,467/- from 13.09.2021 to 31.03.2024 and final bill amount Rs.1,02,58,437/- from 13.09.2021 to 12.07.2024 by considering the representation dated 16.10.2024 and 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 16.10.2024 and 25.09.2025 and 28.11.2025 for payment of interest amount @ 6% per annum part bill amount of Rs.90,34,467/- from 13.09.2021 to 31.03.2024 and final bill amount Rs.1,02,58,437/- from 13.09.2021 to 12.07.2024 pending 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 HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.211 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.90,34,467/- from 13.09.2021 to 30.03.2024 by the Respondents, as illegal and arbitrary.

2. The Petitioner herein is a Contractor and has been awarded tender for providing infrastructure and drinking water and Sanitation to GTW Hostel for Boys at Kiloguda, Visakhapatnam District and the estimated value of the work is Rs.376.40 Lakhs vide Agreement No.183/2018-19, dated 01.11.2018. Though the Petitioner had completed the work in terms of the Agreement, the balance amount of Rs.90,34,467/- was due to the Petitioner. Hence, the Petitioner filed W.P.No.10826 of 2023 before this Court and the same was disposed of on 18.08.2023 with the following directions;

“6. Accordingly, the respondents are directed to release the admitted/legally entitled amount to the petitioner at the earliest, and at rate, within a period of ten (10) weeks from the date of receipt of a copy of this order.

It would be open to the petitioner to agi