1 APHC010128582024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY,THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 6779/2024 Between: 1. TADI NAGA MOHAN REDDY, S/O NARAYANA REDDY, AGED ABOUT 51 YEARS, OCC CONTRACTOR, R/O DOOR NO. 8/1088, SATHI SOMI REDDY COMPLEX, NEAR KALA VENKATA RAO STATUE, RING ROAD, RAVULAPALEM, EAST GODAVARI DISTRICT ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF IRRIGATION (WRD), SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE CHIEF ENGINEER, NORTH COAST, VISAKHAPATNAM 3. THE SUPERINTENDING ENGINEER WRD, IRRIGATION CIRCLE, VISAKHAPATNAM 4. THE EXECUTIVE ENGINEER WRD, VIZIANAGARAM DIVISION, 5. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 6. THE ASSISTANT PAY AND ACCOUNTS OFFICER, VIZIANAGARAM 2 ...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 topleased to issue a writ or direction or order particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents in withholding the payment of IInd and Part Bill of an amount Rs.5,25,58,761/- (CFMS No.2023-216765) even after finalizing the bills, payable to the petitioner in relation to the work i.e., APILIP Modernisation of Andra Reservoir Project near Andra (V) in Mentada (M) in Vizianagaram District as per the agreement vide Agreement No. 15 SE/2019- 2020, dated 06.03.2020 as illegal, arbitrary and consequently direct the respondents to consider for payment of IInd and Part Bill of an amount Rs.5,25,58,761/- (CFMS No.2023-216765) with interest @12 percentage per annum for the delayed amount to the petitioner in respect of execution of above- mentioned work forthwith and pass IA NO: 1 OF 2024 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 pleased to DIRECT the respondents to consider for the payment of Ilnd and part Bill of an amount Rs.5,25,58,761/- (CFMS No.2023-216765) with interest @12% per annum for the delayed amount to the petitioner in respect of execution of work i.e. "APILIP - II - Modernisation of Andra Reservoir Project near Andra (V) in Mentada (M) in Vizianagaram District” as per the agreement vide Agreement No. 15 SE/2019-2020, dated 06.03.2020 forthwith, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. SURESH KUMAR REDDY KALAVA Counsel for the Respondent(S): 1. GP FOR IRRIGATION COMM AREA DEV 2. GP FOR FINANCE PLANNING (AP) The Court made the following: 3 ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “….to issue a writ or direction or order particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents in withholding the payment of IInd and Part Bill of an amount Rs.5,25,58,761/- (CFMS No.2023-216765) even after finalizing the bills, payable to the petitioner in relation to the work i.e., APILIP Modernisation of Andra Reservoir Project near Andra (V) in Mentada (M) in Vizianagaram District as per the agreement vide Agreement No. 15 SE/2019- 2020, dated 06.03.2020 as illegal, arbitrary and consequently direct the respondents to consider for payment of IInd and Part Bill of an amount Rs.5,25,58,761/- (CFMS No.2023-216765) with interest @12 percentage per annum for the delayed amount to the petitioner in respect of execution of above- mentioned work forthwith and pass….” 2. The petitioner had been awarded the contract of various civil works by the 3rd respondent and the petitioner had also entered into an agreement on 06.03.2020. After execution of the said contract, the respondents also issued quality control certificate dated 30.05.2021 to a tune of Rs.4,95,59,826/-. 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. 3. It is the contention of the petitioner that even though the respondents admitted that the petitioner is entitled for payment of the aforesaid sum of 4 money, 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. 4. 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. 5. On the other hand, learned Assistant Government Pleader for Irrigation stated that the respondent authorities have issued a quality control certificate dated 30.05.2021 to a tune of Rs.4,95,59,826/- and thereafter, it was mentioned in m-book as Rs.5,25,58,761/- on 31.05.2021. He further submitted that, since the budget was not released by the Government, the bills were not paid to the petitioner. Soon after release of the budget by the Government, the bills will be paid to the petitioner as per the quality control certificate and as well as the m-book as per his entitlement duly considering the conditions of the agreement. 6. In view of the facts and circumstances of the case, and the directions of this Court in various cases and after hearing the submissions of learned counsel for the petitioner, this Writ Petition is disposed of with a direction to the respondents to release the amount to the petitioner in accordance with the quality control certificate dated 30.05.2021 and m-book dated 31.05.2021 5 issued by the respondents within a period of six (06) months from the date of receipt of a copy of this order. No costs. 7. As far as interest component is concerned, if there is any subsisting clause in the agreement/work order envisaging payment of interest upon any amount which is due and payable, the same is binding upon both the parties. As a sequel, miscellaneous applications, pending, if any, shall also stand closed. ____________________ JUSTICE V.SUJATHA Date :24.09.2025. Gss