APHC010305442025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY,THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 15561/2025 Between: 1. SUDHAKARA INFRATECH PVT LTD, D.NO. 6-3-1247, FLAT NO. 304, METRO RESIDENCY, RAJBHAVAN ROAD, HYDERABAD- 5000 082. REP. BY ITS POWER OF ATTORNEY, SRI BALARANGA REDDY CHILAKALA, S/O. CC YALLA REDDY, AGED ABOUT 48 YEARS ...PETITIONER AND 1. THE STATE OF AP, 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. 3. THE DIRECTOR OF WORKS AND ACCOUNTS, STALIN CENTRAL, 8TH FLOOR, M.G. ROAD, GOVERNORPET, VIJAYAWADA- 520002. 4. THE COMMISSIONER CADA, WATER RESOURCES DEPARTMENT, VYSHYA BHAVAN, NAMBOORI GOPALARAO STREET, HANUMANPET, VIJAYAWADA - 520 003. 5. THE SUPERINTENDING ENGINEER, WATER RESOURCES DEPAFRTMENT, CONSTRUCTION CIRCLE, ONGOLE. 6. THE EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, G.R.P DIVISION NO. 1, ONGOLE. 2 VS,J W.P.No.15561 of 2025 7. THE PAY AND ACCOUNTS OFFICE WORKS AND ACCOUNTS, NSP, PELLURU COLONY, NEAR NAGARJUNA UNIVERSITY. ONGOLE - 523001 ...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 tomay be 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 Agreement No. 85 /2020-21, dated 23-03-2021, 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 18 percentage per annum and to 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 direct the respondent authorities to release admitted amount to the petitioner for the execution of works in related to Agreement No. 85 /2020-21, dated 23-03-2021 respectively, pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. VENKAT SAILENDRA G Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD 2. GP FOR FINANCE PLANNING The Court made the following: 3 VS,J W.P.No.15561 of 2025 THE HONOURABLE Smt. JUSTICE V.SUJATHA WRIT PETITION NO:15561 OF 2025 ORDER: 1. The petitioner had been awarded the contract of work(s) by the Irrigation Department. After execution of the said contract, a final bill was prepared for a sum of Rs.1,51,68,517.04/- as per the sanctioned orders confirming the same, respondents also issued quality control certificate dated 14.12.2021 to a tune of Rs.79,00,700/-. 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 Pleaders Irrigation and Finance Planning on oral instructions, stated that, since the budget was not released by the Government, the bills were not paid to the petitioner. Soon after release 4 VS,J W.P.No.15561 of 2025 of the budget by the Government, the bills will be paid to the petitioner, however, admitted the amount payable to the petitioner as per the quality control certificate dated 14.12.2021 filed by the petitioner to a tune of Rs.79,00,700/-. 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 14.12.2021 issued by the respondents within a period of six (06) months from the date of receipt of a copy of this order. No costs. 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. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ____________________ JUSTICE V.SUJATHA Dt.03.09.2025 JLV