APHC010288172025 IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY,THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 14566/2025 Between: 1. SHAIK JANI, S/O.SYAIDA SAHEB, AGED ABOUT 47 YEARS, R/O.D.NO.8-22-57, 2ND LANE, SITARAMA NAGAR, GUNTUR, GUNTUR DISTRICT 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, WATER RESOURCES DEPARTMENT, BUILDINGS, VELAGAPUDI VILLAGE, TULLUR MANDAL, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI VILLAGE TULLUR MANDAL, GUNTUR DISTRICT. 3. THE ENGINEERINCHIEF, IRRIGATION DEPARTMENT, VIJAYAWADA, NTR DISTRICT. 4. THE EXECUTIVE ENGINEER, GODAVARI EASTERN DIVISION, RAMACHANDRAPURAM, KONASEEMA DISTRICT AT AMALAPURAM. 5. THE DEPUTY EXECUTIVE ENGINEER, WATER RESOURCES SUB DIVISION, INDRAPALE 6. THE ASSISTANT EXECUTIVE ENGINEER, WATER RESOURCES SECTION, KAKINADA, KAKINADA DISTRICT. 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 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 14566/2025 SHAIK JANI, S/O.SYAIDA SAHEB, AGED ABOUT 47 YEARS, 57, 2ND LANE, SITARAMA NAGAR, GUNTUR, GUNTUR DISTRICT ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, WATER RESOURCES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI VILLAGE, TULLUR MANDAL, GUNTUR THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI VILLAGE TULLUR MANDAL, GUNTUR DISTRICT. THE ENGINEERINCHIEF, IRRIGATION DEPARTMENT, VIJAYAWADA, NTR DISTRICT. THE EXECUTIVE ENGINEER, GODAVARI EASTERN DIVISION, RAMACHANDRAPURAM, KONASEEMA DISTRICT AT THE DEPUTY EXECUTIVE ENGINEER, WATER RESOURCES SUB DIVISION, INDRAPALEM LOCK KAKINADA DISTRICT. THE ASSISTANT EXECUTIVE ENGINEER, WATER RESOURCES SECTION, KAKINADA, KAKINADA 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 IN THE HIGH COURT OF ANDHRA PRADESH [3333] WEDNESDAY,THE TENTH DAY OF SEPTEMBER THE HONOURABLE SMT JUSTICE V.SUJATHA SHAIK JANI, S/O.SYAIDA SAHEB, AGED ABOUT 47 YEARS, 57, 2ND LANE, SITARAMA NAGAR, GUNTUR, ...PETITIONER THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARIAT BUILDINGS, VELAGAPUDI VILLAGE, TULLUR MANDAL, GUNTUR THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI VILLAGE TULLUR THE ENGINEERINCHIEF, IRRIGATION DEPARTMENT, THE EXECUTIVE ENGINEER, GODAVARI EASTERN DIVISION, RAMACHANDRAPURAM, KONASEEMA DISTRICT AT THE DEPUTY EXECUTIVE ENGINEER, WATER RESOURCES SUB- THE ASSISTANT EXECUTIVE ENGINEER, WATER RESOURCES ...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 2 pleased tomay be pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of Respondents in not paying the First and Final Bill an amount of Rs.8,55,566/- out of gross amount of Rs.9,06,992/-, to the petitioner, in respect of the Work Agreement No.44D/2023-24, dated 01.08.2023, for execution of Removal of weed growth from Samalkota Canal in between Km. 43.400 and 59.700 during Khariff and rabi seasons in between 2023-24 in Samalkota Mandal of Kakinada District, being illegal, arbitrary and violation of Article 14, 19(1)g and 21 of the Constitution of India and consequently direct the respondents forthwith to pay the First and Final Bill an amount of Rs.8,55,566/- out of gross amount of Rs.9,06,992/-, to the petitioner, in respect of the Work Agreement No.44D/2023-24, dated 01.08.2023, for execution of Removal of weed growth from Samalkota Canal in between Km. 43.400 and 59.700 during Khariff and rabi seasons in between 2023-24 in Samalkota Mandal of Kakinada District and pass such 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 may be pleased to direct the respondents to pay the First and Final Bill an amount of Rs.8,55,566/- out of gross amount of Rs.9,06,992/-, to the petitioner, in respect of the Work Agreement No.44D/2023-24, dated 01.08.2023, for execution of Removal of weed growth from Samalkota Canal in between Km. 43.400 and 59.700 during Khariff and rabi seasons in between 2023-24 in Samalkota Mandal of Kakinada District pending disposal of the above writ petition and pass such Counsel for the Petitioner: 1. MADHAVA RAO NALLURI Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD 2. GP FOR FINANCE PLANNING 3 The Court made the following Order: The petitioner had been awarded the contract of work(s) by the Irrigation Department. After execution of the said contract, a first and final bill was prepared for a sum of Rs.8,55,566/- out of gross amount of Rs.9,06,992/-, as per the sanctioned orders. Confirming the same, respondents also issued quality control certificate to a tune of Rs.8,55,566/-. 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. 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, on oral instructions, submits that, since 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 4 amount payable to the petitioner as per the quality control certificate filed by the petitioner to a tune of Rs.8,55,566/-. 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 amount to the petitioner in accordance with the quality control certificate dated 11.11.2024 issued by the respondents within a period of two (2) 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. As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________ JUSTICE V.SUJATHA Dated: 10.09.2025 MDP