Andhra Pradesh High Court - Amravati
M/S Sri Satya Sai Constructions vs The State Of Andhra Pradesh on 12 February, 2026
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(SHOW CAUSE NOTICE BEFORE ADMISSION)
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(SPECIAL ORIGINAL JURISDICTION)
THURSDAY, THE TWELFTH DAY OF FEBRUARY
TWO THOUSAND AND TWENTY SIX
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: PRESENT: .f
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THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY
WRIT PETITION NO: 3559 OF 2026
Between:
M/s Sri Satya Sai Constructions, Rep. by its Managing Partner, Sri.Chekuri
Krishnam Raju, S/o Gopala Raju, Aged about 55 years. R/o D.No. 50-97-
12, Sri Satya Sai Nilayam, Seethammadhara, Visakhapatnam - 530013.
Petitioner
AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Tribal
Welfare Department, Secretariat Buildings, Velagaudi, Amaravati,
Guntur District, Andhra Pradesh-522238.
2. The Director, Tribal Welfare Department, Sidhartha Nagar, Labbipet
Vijayawada, N.T.R. District-520010.
3. The Secretary, Gurukulam, Tribal Welfare Department, Tadepalli
Village-534101.
4. The Chief Engineer (Tribal Welfare Department), First Floor, Murali
Fortune Road, Revenue Colony Park, Sidhartha Nagar, Labbipet,
Vijayawada, N.T.R. District-520010.
5. The Superintendent Engineer, Tribal Welfare Department, Ushodaya
Junction Visakhapatnam Town and District-530017.
6. The Executive Engineer, Aruku Division, Tribal Welfare Department,
Aruku-531151.
7. The Executive Engineer, Seethampeta Division, Tribal Welfare
Department, Seethampeta-532443.
8. The Executive Engineer, Parvathipuram Division, Tribal Welfare
Department, Parvathipuram-535501.
Respondents
WHEREAS the Petitioner above named through its Advocate SRI B.ABHAY SIDDHANTH MOOTHA presented this Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the proceedings in Lr.Rc.No.02/2015-16/SCA to TSP/Certain 7 EMRS Works/DB, dated 19.01.2026 issued by the Respondent No. 5 rejecting the representations dated 24-11-2025, 11-12-2025 and 08-01- 2026 submitted by the Petitioner to postpone the deduction of the 50PERCENT of the Advance Payment (Against Running Account Bills) made for constructions of Seven Ekalavya Model schools in Munchingput, Dumbriguda, Anasabadhra, Kurupam, Meliaputti, Bhamini and Guruvinayudupeta in the upcoming payment and to deduct the same in thd final settlement to be made against the extra works undertaken for necessary deviations in respect of the above mentioned schools contrary to the Order dated 30-12-2025 made in the W.P. No. 35792 of 2025 on the file of this Honble Court and without giving any reason whatsoever as arbitrary, illegal and colorable exercise of the power discriminatory and violative of the Fundamental Rights guaranteed to the petitioner under Article 14, 19 and 21 of Constitution of India and consequently set aside the proceedings iri Lr.Rc.No.02/2015-16/SCA to TSP/Certain 7 EMRS Works/DB dated 19.01.2026 issued by the respondent No.5 and further direct the respondents to reconsider the representations, dated 24-11-2025, 11-12-2025 and 08-01- 2026 submitted by the Petitioner to postpone the deduction of the 50PERCENT of the Advance Payment (Against Running Account Bills) made for constructions of Seven Ekalavya Model schools in Munchingput Dumbriguda, Anasabadhra, Kurupam, Meliaputti, Bhamini and Guruvinayudupeta in the upcoming payment and to deduct the same in the final settlement to be made against the extra works undertaken for necessary deviations in respect of the above mentioned schools and petitioner.
AND WHEREAS the High Court upon perusing the petition and affidavit/memorandum of grounds filed herein and upon hearing the arguments of Sri B.ABHAY SIDDHANTH MOOTHA Advocate for the Petitioner, GP for Tribal Welfare for Respondent Nos.1 to 8, directed issue of notice to the Respondents herein to show cause as to why this WRIT PETITION should not be admitted.
You viz:
1. The Principal Secretary, Tribal Welfare Department, State of Andhra Pradesh, Secretariat Buildings, Velagaudi, Amaravati, Guntur District, Andhra Pradesh-522238.
2. The Director, Tribal Welfare Department, Sidhartha Nagar, Labbipet Vijayawada, N.T.R. District-520010.
3. The Secretary, Gurukulam, Tribal Welfare Department, Tadepalli Village-534101.
^ 4. The Chief Engineer (Tribal Welfare Department), First Floor, Murali Fortune Road, Revenue Colony Park, Sidhartha Nagar, Labbipet, Vijayawada, N.T.R. District-520010.
5. The Superintendent Engineer, Tribal Welfare Department, Ushodaya Junction Visakhapatnam Town and District-530017.
6. The Executive Engineer, Aruku Division, Tribal Welfare Department, Aruku-531151.
7. The Executive Engineer, Seethampeta Division, Tribal Welfare Department, Seethampeta-532443.
8. The Executive Engineer, Parvathipuram Division, Tribal Welfare Department, Parvathipuram-535501.
are be and hereby directed to show cause either appearing in person or through an Advocate, as to why in the circumstances set out in the petition and the affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted, on or before 05.03.2026, on which date the case stands posted for hearing.
lA NO: 1 OF 2026 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of the Lr.Rc.No.02/2015- 16/SCA to TSP/Certain 7 EMRS Works/DB, dated 19.01.2026 issued by the respondent No.5 and direct the respondents to reconsider the representations, dated 2025, 11-12-2025 and 08-01-2026 as per the Order dated 30-12-2025 made in the W.P. No. 35792 of 2025 on the file of this Hon'ble Court, pending disposal of WP No. 3559 of 2026, on the file of the High Court.
The Court made the following: ORDER Notice before admission, returnable in four weeks. The Petitioner is a firm involved in construction activities and had entered into a contract for the construction of seven (07) Ekalavya Model Schools at various places, costing Rs. 12,00,00,000/- (Rupees Twelve Crore only) for each. It was submitted that an additional cost of Rs. 6,81,00,000/- (Rupees Six Crore Eighty One Lakh only) was incurred by the Petitioner. In total, the Petitioner is said to be entitled to Rs.90,81,00,000/- (Rupees Ninety Crore Eighty One Lakhs only). Though, the mobilization advance clause was not there in the contract, the Respondent-Authority had sanctioned a sum of Rs.12,00,00,000/- (Rupees Twelve Crore only) as mobilization advance to the Petitioner.
It Is further submitted that an amount of Rs.52,50,00,000/- (Rupees Fifty Two Crore Fifty Lakhs only) was paid and an outstanding amount of Rs.38,31,00,000/- (Rupees Thirty Eight Crore Thirty One Lakh only) is due to be paid by the Respondent-Authority which is inclusive of the mobilization advance that was paid.
As the mobilization advance was sought to be recovered from the outstanding bills, the Petitioner submitted representation on 24.11.2025 requesting to defer the recovery of 50% of the mobilization advance considering the delayed part payments and outstanding amount that was due to the Petitioner. As there was no response, similar representation dated 11.12.2025 was again submitted by the Petitioner.
The Petitioner then filed W.P.No.35792 of 2025, and this Court directed the Respondents to take an appropriate decision on the representation vide its orders dated 30.12.2025. The operative portion of the order reads as under:-
7. Under these circumstances, without going into the merits of the dispute, the writ petition is disposed of directing the respondents to take a decision on the representation of the petitioner dated 11.12.2025 forthwith, if the fund is likely to lapse by 31.12.2025 or else, to dispose of the representation within two (2) weeks from the date of receipt of copy of this order. "
Pursuant thereto, the impugned order came to be passed and the operative portion of the order, reads as under:-
''In this context, it is informed that as per Agreement Clause No. 47, the provision for mobilization advance was deleted from the agreement conditions. Further, as per the contract system, the agreement is binding on both the contractor and the department, and the contractor is required to execute the work strictly in accordance with the terms and conditions stipulated therein. Since the clause relating to mobilization advance was deleted at the time of the agreement, it clearly confirms that mobilization advance is not admissible and shall not be issued to the contractor."
The request of the Petitioner and the order passed by Respondent No.5 have absolutely no correlation and reflects total non-application of mind by the authority.
In that view, pending further orders, there shall be an interim direction as under:-
(i) The Respondent-Authorities are directed to re-examine the representation dated 11.12.2025 given by the Petitioner, without reference to the impugned order dated 19.01.2026, and to pass appropriate orders, within a period of two (02) weeks.
Post this matter on 05.03.2026.
SD/-A.V1JAYA BABU
DEPUTY REGISTRAR
//TRUE COPY// sect/on officer
To,
1.
The Principal Secretary, Tribal Welfare Department, State of Andhra Pradesh, Secretariat Buildings, Velagaudi, Amaravati, Guntur District; Andhra Pradesh-522238.
2. The Director, Tribal Welfare Department, Sidhartha Nagar, Labbipet Vijayawada, N.T.R. District-520010.
3. The Secretary, Gurukulam, Tribal Welfare Department, Tadepalli Village-534101.
4. The Chief Engineer (Tribal Welfare Department), First Floor, Murali Fortune Road, Revenue Colony Park, Sidhartha Nagar, Labbipet; Vijayawada, N.T.R. District-520010.
5. The Superintendent Engineer, Tribal Welfare Department, Ushodaya Junction Visakhapatnam Town and District-530017.
6. The Executive Engineer, Aruku Division, Tribal Welfare Department, Aruku-531151.
y The Executive Engineer, Seethampeta Department, Seethampeta-532443.
Division, Tribal Welfare ^ The Executive Engineer, Parvathipuram Division, Tribal Welfare Department, Parvathipuram-535501.(1 to 8 by RPAD- along with a copy of petition and memorandum of grounds) ^9.
One CC to SRI. B.ABHAY SIDDHANTH MOOTHA, Advocate [OPUC]
-"lO. Two CCs to GP FOR TRIBAL WELFARE ,High Court Of Andhra Pradesh. [OUT]
11. One spare copy ADP HIGH COURT VN,J DATED:12/02/2026 POST THIS MATTER ON 05.03.2026.
NOTICE BEFORE ADMISSION WP.No.3559 of 2026 INTERIM DIRECTION