APHC010314012025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] FRIDAY,THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 15946/2025 Between: 1. JAGATHA SRINU, S/O. RAMBABU, AGED ABOUT 45 YEARS , OCC. CONTRACTOR, R/O.D.NO.I-67/I, BOBBARLANKA VILLAGE, ATHREYAPURAM MANDAL, DR.B.R AMEDKAR KONASEEMA DISTRICT, AMALAPURAM. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, WATER RESOURCES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, DR.B.R AMEDKAR KONASEEMA DISTRICT, AMALAPURAM. 4. THE EXECUTIVE ENGINEER, , GODAVARI HEAD WORKS DIVISION, DOWLAISWARAM. 5. THE PAY AND ACCOUNTS OFFICER, WORKS AND PROJECTS, DOWALAISWARAM. ...RESPONDENT(S): 2 VS,J W.P.No.15946 of 2025 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 appropriate Writ, Order or direction more particularly one in the natureissue an of Writ of Mandamus declaring inaction on the part of the respondents in paying an total amount of Rs.7,48,891/- ( Seven Lakhs Fourty Eight Thousand Eight Ninety One Only) in relation to 3 works executed by me as arbitrary, illegal, contrary to the well established legal principles apart from being violative of the fundamental and Constitutional rights guaranteed to me under Articles 14, 19, 21 and 300-A of the Constitution of India and consequently direct the respondents to pay the amounts payable to me forthwith 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 direct the respondents to take necessary action for payment of an total amount of Rs.7,48,891/- ( Seven Lakhs Fourty Eight Thousand Eight Ninety One Only) in relation to 3 works executed by me, pending disposal of the above Writ Petition and pass Counsel for the Petitioner: 1. PAPUDIPPU SASHIDAR REDDY Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR IRRI AND CAD 3. GP FOR FINANCE PLANNING The Court made the following: 3 VS,J W.P.No.15946 of 2025 ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “….to issue appropriate Writ, Order or direction more particularly one in the nature issue an of Writ of Mandamus declaring inaction on the part of the respondents in paying an total amount of Rs.7,48,891/- ( Seven Lakhs Fourty Eight Thousand Eight Ninety One Only) in relation to 3 works executed by me as arbitrary, illegal, contrary to the well established legal principles apart from being violative of the fundamental and Constitutional rights guaranteed to me under Articles 14, 19, 21 and 300-A of the Constitution of India and consequently direct the respondents to pay the amounts payable to me forthwith and pass….” 2. The petitioner had been awarded the contract of the following works by the 4th respondent: (i) Flood precaution in Lanka Section, Gannavaram of Vasista Sub-Division, Razole. (ii) Flood Pracaution in Gowthami Right Flood Bank, G.R.B. Section, Kothapeta, Dr.B.R. Ambedkar Konaseema District. 3. After execution of the said contract, a final bill was prepared for a sum of Rs.7,48,891/- as per the sanctioned orders confirming the same, respondents also issued three quality control certificates i.e. No.59858, dated 28.11.2024 to a tune of Rs.10,010, No.59567, dated 15.10.2024 to a tune of Rs.4,84,237/- and No.59802, dated 11.10.2024 to a tune of Rs.2,01,160/-. As 4 VS,J W.P.No.15946 of 2025 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. 4. 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. 5. 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. 6. On the other hand, learned Assistant Government Pleader on oral instructions submitted 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 amount payable to the petitioner as per the quality control certificates filed by the petitioner to a tune of Rs.6,95,407/-. 7. 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 certificates issued by the respondents 5 VS,J W.P.No.15946 of 2025 within a period of two (02) months from the date of receipt of a copy of this order. 8. Accordingly, with the above direction, this writ petition is disposed of. 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. 9. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ____________________ JUSTICE V.SUJATHA Date:19.08.2025 Gss