APHC010165082025 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: 8711/2025 Between: 1. MRKR CONSTRUCTIONS PVT LTD, REP. BY ITS MANAGING PARTNER, SRI M MADHUSUDANA REDDY, S/O. M RAMA KRISHNA REDDY, AGED ABOUT 56 YEARS, R/O. H.NO. 8-2- 268/1/DA, PLAT NO. 7, AURORA COLONY, ROAD NO. 3, BANJARA HILLS, HYDERABAD. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1. VENKAT SAILENDRA G Counsel for the Respondent(S): 2 1. GP FOR IRRIGATION COMM AREA DEV 2. GP FOR FINANCE PLANNING 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 declaring the action of the respondent authorities in not releasing the admitted amount to the petitioner for the execution of works in related to Original Agreement No. 02/2009-10, dated 02-06-2009, Sup Agt No. 137/2018-19, dated 08-03-2019, Vide CFMS Bill Token NO. 2024-165384, respectively as arbitrary, illegal, contrary to Law and against the Principles of Natural Justice and against the Norms of the Public Policy and to issue consequential direction directing the respondent authorities to release the amounts payable to the petitioner with an interest at 18percent per annum….” 2. The petitioner was entrusted with the work of “FDR to reservoir across Enumaleru near Mundlapadu Village, Giddalur Mandal and restoration and improvements to pickup anicut across Enumaleru near K.Bainepalli Village, Giddalur Mandal, Prakasam District” vide original agreement dated 02.06.2009 and supplemental agreement dated 08.03.2019. After execution of the said work a final bill for an amount of Rs.1,73,12,395/-, has been prepared and submitted to the concerned for payment. As the payment of the said amount has not 4 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. Respondent No.1 has filed a counter affidavit duly stating that so far 27 part bills for Rs.9,80,92,458/- was paid to the petitioner and 28th part bill for Rs.2,67,30,685/- recorded in M.B.No.117A page No.71 was sent to Pay and Accounts officer for payment in April 2025. But, however, the bill was returned to DDO. Now the bill was not uploaded in NIDHI portal due to insufficient funds and awaiting for release of fund from the Government, however, admitted the amount payable to the petitioner as per the quality control certificate filed by the petitioner. 5 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 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 22.06.2021 issued by the respondents within a period of six (6) 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.8711 of 2025 Date: 18.08.2025 Ivd