APHC010210832024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY,THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 10597/2024 Between: 1. PVR INFRA, REP. BY ITS MANAGING PARTNER, P. MADHUSUDHAN REDDY, D.NO. 30/177-106, GOPAL NAGAR, NANDYAL TOWN AND DISTRICT ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT 2. THE STATE OF ANDHRA PRADESH, , REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION AND CAD DEPARTMENT (WATER RESOURCES DEPARTMENT), SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT 3. THE SUPERINTENDING ENGINEER, WATER RESOURCES DEPARTMENT, IRRIGATION CIRCLE, KURNOOL, KURNOOL DISTRICT, 4. THE EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, K.C CANAL DIVISION, NANDYAL, NANDYAL 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 to issue an appropriate writ, order or direction more particularly one in the nature Writ of Mandamus, declaring the action of the respondents in VS,J W.P No.10597 of 2024 2 not paying the admitted bill amount towards part payment of Rs. 5,42,33,874.95/- for the work of construction of CC walls of Konda Vagu from KM 1.000 to KM 2.100 near Kandalapalli Village, Nandyal Mandal, Kurnool District (now Nandyal District) vide agreement No.SE/IC/KNL/04/2023-2024, dated 25.05.2023 entered with the 3rd Article 14 AND 19(g) of therespondent, as illegal, arbitrary, violative of Constitution of India and consequently direct the Respondents to forthwith release the payments of above bill amount towards part payment along with interest 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 leased to direct the respondents to forthwith process and release the pending bill towards part payment of Rs. 5,42,33,874.95 /- for the work of construction of CC walls of Konda Vagu from KM 1.000 to KM 2.100 near Kandalapalli Village, Nandyal Mandal, Kurnool District (now Nandyal District) vide agreement No.SE/IC/KNL/04/2023-2024, dated 25.05.2023 and pass IA NO: 1 OF 2025 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 grant leave to the Respondent No.4 to file Counter Affidavit in W.P.No.10597 of 2024 and to pas Counsel for the Petitioner: 1. K RATHANGA PANI REDDY Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING VS,J W.P No.10597 of 2024 3 The Court made the following: ORDER This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “….to issue an appropriate writ, order or direction more particularly one in the nature Writ of Mandamus, declaring the action of the respondents in not paying the admitted bill amount towards part payment of Rs. 5,42,33,874.95/- for the work of construction of CC walls of Konda Vagu from KM 1.000 to KM 2.100 near Kandalapalli Village, Nandyal Mandal, Kurnool District (now Nandyal District) vide agreement No.SE/IC/KNL/04/2023-2024, dated 25.05.2023 entered with the 3rd respondent, as illegal, arbitrary, violative of Article 14 and 19(g) of the Constitution of India and consequently direct the Respondents to forthwith release the payments of above bill amount towards part payment along with interest and pass such other order or orders…” 2. The petitioner had been awarded the work of Construction of CC walls of Konda Vagu from KM 1.000 to KM 2.100 near Kandalapalli Village, Nandyal Mandal, Kurnool District (now Nandyal District) vide agreement No.SE/IC/KNL/04/2023-2024, dated 25.05.2023, by the respondent No.3. After execution of the said work, the respondents issued quality control certificate for the said work on 12.07.2023 for a sum of Rs.5,18,49,160.00/- (towards LS I and Part Bill). As the part 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 part payment of the aforesaid sum of money, no part 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. VS,J W.P No.10597 of 2024 4 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.4 filed a counter, wherein it is admitted that the work was completed as per the agreement condition and further that LS I & part bill for Rs.5,75,23,001.95/- was transmitted for APAO, Nandyal in CFMS portal vide Bill No.2023-996070 migrated to 2024-165380 for payment to the Agency and status of the bill is under “Waiting for Fund Clearance”. But, at the end of March, 2025 the bill was returned to the respondent No.4 office from APAO, Nandyal with the status of the bill “Bill returned to DDO as per Art.39 & 50 of AP Financial Code, Vol.I”. Now the budget was released for the financial year 2025-2026 and the bill is under process to be uploaded in NIDHI portal instead of CFMS, for payment to the agency. However, admitted the amount payable to the petitioner as per the quality control certificate dated 12.07.2023 filed by the petitioner to a tune of Rs.5,18,49,160.00/- (towards LS I and Part Bill). 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 of Rs. Rs.5,18,49,160.00/- (towards LS I and Part Bill) to the petitioner in accordance with the quality VS,J W.P No.10597 of 2024 5 control certificate dated 12.07.2023 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. 8. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ______________________ JUSTICE V.SUJATHA Date: 17.09.2025 KGR