APHC010279642024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY,THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 13934/2024 Between: 1. DEVA DHEERAJ REDDY, S/O.SUKUMAR REDDY, AGED ABOUT 30 YEARS, OCC. CONTRACTOR, R/O. FLAT NO.504, MARUTHI GRAND APARTMENT, TEACHERS COLONY, MUSUNURU VILLAGE, KAVALI MANDAL, SPSR NELLORE DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION AND COMMAND AREA DEVELOPMENT DEPARTMENT, SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT. 2. THE COMMISSIONER, COMMAND AREA DEVELOPMENT AUTHORITY, VIJAYAWADA. 3. THE SUPERINTENDING ENGINEER, IRRIGATION CIRCLE, NELLORE, SPSR NELLORE DISTRICT. 4. THE EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT NELLORE NORTH DIVISION, KAVALI, SPSR NELLORE DISTRICT. 5. DEPUTY EXECUTIVE ENGINEER, IRRIGATION SUB-DIVISION-I, KAVALI, SPSR NELLORE DISTRICT 2 VS,J W.P.No.13934 of 2024 6. THE STATE OF ANDHRA PRADESH, REP. BY THE PRINCIPAL SECRETARY DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT, AMARAVATHI, GUNTUR 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 a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents in withholding the undisputed amount payable to the petitioner in respect of works i.e., 1) Desilting of supply channel to Bogole Tank in Bogole village, Bogole Mandal, SPSR Nellore District, 2) Maintenance of Surplus course banks of Bogole Tank in Bogole village, Bogole Mandal, SPSR Nellore District as illegal arbitrary and contrary to the Principles of natural justice and consequently direct the respondents to pay undisputed amount of Rs.6,02,002/- and Rs. 13,61,489/- payable to the petitioner in respect of execution of afore mentioned works with an interest @ 12 percent p.a. from the date of accepting the bills 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 pay undisputed amount of Rs.6,02,002/- and Rs. 13,61,489/- with respect to the works i.e., 1) Desilting of supply channel to Bogole Tank in Bogole village, Bogole Mandal, SPSR Nellore District, 2) Maintenance of Surplus course banks of Bogole Tank in Bogole village, Bogole Mandal, SPSR Nellore District along with interest @ 12 % p.a. from the date of accepting the bills forthwith pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. C SUBODH Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD 2. GP FOR FINANCE PLANNING 3 VS,J W.P.No.13934 of 2024 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 13934/2024 ORDER: 1. The petitioner has been awarded the execution of works under the Irrigation department. After execution of the said contract, a final bill was prepared for a sum of Rs.6,02,002/- and Rs.13,61,489/- as per the sanctioned orders confirming the same, respondents also issued quality control certificates dated 29.01.2022 and 11.01.2021 to a tune of Rs.6,15,864/- and Rs.13,71,872/- respectively. As the payment of the said amounts has not been made by the respondents, the petitioner has approached this Court by way of this writ petition. 2. 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. 3. 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. 4. On the other hand, learned Government Pleader for Irrigation as well as Finance & Planning, on oral instructions, has stated that, since 4 VS,J W.P.No.13934 of 2024 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, however, admitted the amounts payable to the petitioner as per the quality control certificates dated 29.01.2022 and 11.01.2021 filed by the petitioner to a tune of Rs.6,15,864/- and Rs.13,71,872/- respectively. 5. 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 admitted amounts to the petitioner in accordance with the quality control certificates dated 29.01.2022 and 11.01.2021 issued by the respondents within a period of three (03) months from the date of receipt of a copy of this order. 6. 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. 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 Dt:09.09.2025 JLV