APHC010199492023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] MONDAY,THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 10290/2023 Between: 1.POLAVARAPU SUBRAMANYESWARA RAO, S/O. ANJANEYULU, AGED 72 YEARS, OCC. BUSINESS, R/O. D.NO.8/318-B, RAJENDRANAGAR, 6TH LINE, GUDIVADA, KRISHNA DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS SPECIAL CHIEF SECRETARY, DEPARTMENT OF IRRIGATION AND WATER RESOURCES, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 3.THE COMMISSIONER, CADA AND SECRETARY TO GOVERNMENT, VIJAYAWADA, KRISHNA DISTRICT. 4.THE SUPERINTENDING ENGINEER, IRRIGATION CIRCLE, KRISHNA DISTRICT. 5.THE EXECUTIVE ENGINEER, DRAINAGE DIVISION, GUDIVADA, KRISHNA DISTRICT. 6.THE PAY AND ACCOUNTS OFFICER, WORKS AND ACCOUNTS, D.NO.29-2-52, MANASA COMPLEX, RAMA MANDIRAM STREET, GOVERNORPET, VIJAYAWADA, KRISHNA DISTRICT. ...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 order, writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not releasing the final bill amount of Rs. 25,22,286/- to me with interest for the work executed in pursuance of the agreement entered into with the 5th respondent vide Agreement No. 114/2021-22 dated 03.03.2022 as illegal, arbitrary, violation of principles of natural justice and unconstitutional and consequently direct the respondents to release undisputed final bill amount of Rs. 25,22,286/- to the petitioner along with interest forthwith and to pass IA NO: 1 OF 2023 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 release undisputed final bill amount of Rs. 25,22,286/- to the petitioner along with interest for the work executed in pursuance of the Agreement entered into by with the 5th respondent vide Agreement No.114/2021-22 dated 03.03.2022, pending disposal of the writ petition and pass Counsel for the Petitioner: 1.RAMESH BABU TALLURI Counsel for the Respondent(S): 1.GP FOR FINANCE PLANNING 2.GP FOR IRRIGATION COMM AREA DEV The Court made the following: THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION No.10290 OF 2023 ORDER: - 1. The present Writ Petition is filed questioning the action of the respondents in not paying an amount of Rs.25,22,286/- to the petitioner despite completion execution of work of O & M of desilting of Chinapalaparru Minor Drain, Tamarala Minor Drain, Koduru Minor Drain, Lambadicodu Minor Drain and Extension of Chinapalaparru Minor Drain. 2. It is the case of the petitioner that the respondents have floated tender for execution of the said work in which the petitioner became the lowest bidder. It is the further case of the petitioner that he entered into agreement No.114/2021-22, dated 03.03.2022 with respondent No.5. Thereafter, he has completed the said work within the stipulated time as per the agreement. It is the specific case of the petitioner that respondent No.5 inspected the execution of work at regular intervals and after completion of the same, the respondent No.5 issued Quality Control Certificate dated 02.05.2022 after conducting checks and tests and the observations were also recorded in field register and the same was found satisfactory based on the field tests carried out. Despite the same, the respondents did not release the said amount of Rs.25,22,286/- in favour of the petitioner. Questioning the said action, the present writ petition is filed. 3. On the other hand, the learned Government Pleader for Irrigation would fairly submit that the petitioner has executed the above mentioned works and did not dispute the Quality Control Certificate dated 02.05.2022 issued by respondent No.5. He would further request this Court to pass appropriate orders by granting time to release the said amount in favour of the petitioner. 4. Heard learned counsel for petitioner and learned Assistant Government Pleader for Irrigation and CAD. 5. Perused the material available on record. 6. It is not in dispute that the petitioner has entered into agreement No.114/2021-22 with respondent No.5 dated 03.03.2022 and he has completed the works O & M of desilting of Chinapalaparru Minor Drain, Tamarala Minor Drain, Koduru Minor Drain, Lambadicodu Minor Drain and Extension of Chinapalaparru Minor Drain. Further on perusal of the Quality Control Certificate dated 02.05.2022, it is clear that the petitioner has executed the same to the satisfaction of the respondents. In that view of the same, there is no justification on the part of the respondents in not releasing the admitted amount in favour of the petitioner. 7. In view of the above, the Writ Petition is allowed and the respondents are directed to pay an amount of Rs.25,22,286 /- to the petitioner within a period of eight (08) weeks from the date of receipt of the order. It is needless to mention that in so far as interest component is concerned, the petitioner is at liberty to take steps available under law. No order as to costs. As a sequel, pending applications, if any, shall stand closed. _____________________ JUSTICE T.C.D. SEKHAR 28.07.2025 DR 86 THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION No.10290 OF 2023 Date:28.07.2025 DR