APHC010139332024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY,THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 7237/2024 Between: 1. M/S. UDAYAM CONSTRUCTIONS,, REP. BY ITS PROPRITOR, ATLURI UMA MAHESWARA RAO, S/O. ATLURI PRERR BABU, AGED ABOUT 33 YEARS, R/O. D.NO. 1-151, GUDIVASA ROAD, NIDUMOLU (V), MOWA (M), KRISHNA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPLE SECRETARY TO GOVERNMENT IRRIGATION AND CAD WATER RESOURCES RESOURCES DEPARTMENT, SECRETARIAT BUILDINGS, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. THE COMMISSIONER, COMMAND DEVELOPMENT AUTHORITY (CAD) WATER RESOURCES RESOURCES DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, VIJAYAWADA, NTR DISTRICT. 4. THE DISTRICT COLLECTOR, , (IRRIGATION WING) 2 BAPATLA, BAPATLA DISTRICT. 5. THE ENGINEER INCHIEF, , MINOR AND MAJOR IRRIGATION DEPARTMENT GOVERNMENT OF ANDHRA PRADESH, IRRIGATION BHAVAN, VIJAYAWADA, NTR DISTRICT. 6. THE SUPERINTENDING ENGINEER, IRRIGATION AND WATER RESOURCES DEPARTMENT, IRRIGATION CIRCLE, GUNTUR, GUNTUR DISTRICT. 7. THE EXECUTIVE ENGINEER IRRIGATION AND WATER, RESOURCES DEPARTMENT, DRAINAGE DIVISION, REPALLE, BAPATLA DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1. ANNAMNEEDI BALAKRISHNA Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING 2. GP FOR IRRI AND CAD (AP) The Court made the following: 3 ORDER: This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief: “…..to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declare the inaction on part of the respondents herein not releasing the final bill amount worth of Rs. 49,65,273/-, 1) Amount of Rs. 15,37,076/- along with GST of Rs. 2,46,145/- vide Agreement No. 40/2023-24 Dt 02/08/2023, 2) Amount Rs. 13,52,093/-, along with GST of Rs.2,00,486/-, vide its Agreement No. 42/2023-24, Dt02- 08-2023, 3) Amount Rs. 14,04,550/-, along with GST of Rs.2,24,923/-, vide its Agreement No. 43/2023-24, Dt02- 08- 2023, with interest of execution and completion of O and M works under Irrigation department as per agreement, to the petitioner till today and causing heavy loss with interest even though total work was completed as per the agreement as illegal, arbitrary and violative of Article 14, 16 and 21 of the Constitution of India and consequentially to direct the respondents releasing the final bills of total amount worth of Rs. 49,65,273/- for execution of completion of O and M works under Irrigation Department as per agreement, to the petitioner forthwith…” 2. The petitioner was entrusted with the works of execution of completion of O & M works under Irrigation Department under three agreements dated 02.08.2023. After execution of the said works a final bill for an amount of Rs.13,99,181/-, Rs.2,00,760/- and Rs.13,93,641/- has been prepared and submitted to the concerned for 4 payment. 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 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, respondent No.7 has filed a counter affidavit duly stating that agreement period for all the three works was completed on 01.02.2024 and the bills are under preparation at section level to the extent of work done in view of not willing to execute the balance portion of works by the petitioner. 6. In view of the facts and circumstances submitted in the affidavit, and the directions of this Court in various cases and after hearing the 5 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 certificates dated 13.06.2024 issued by the respondents within a period of four (4s) months from the date of receipt of a copy of this order. There shall be no order as to costs. 7. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. _____________________ JUSTICE V.SUJATHA Date: 18.08.2025 Ivd 6 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION No.7237 of 2024 Date: 18.08.2025 Ivd