9*^ I .\ \ APHC010314922025 IN THE HIGH COURT OF ANDHRA PRADESH ^ AT AMARAVATI (Special Original Jurisdiction) v. TUESDAY,THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA ^ WRIT PETITION NO: 15980 OF 2025 Between: V..-" Sri. Pocha Venkata Reddy,, S/o. Pulla Reddy Bodemmanur village Uyyalawada Mandal, Nandyal District. D.No.2-150, U--' ...Petitioner AND 1. The State Of Andhra Pradesh, Represented by its Secretary, IrrigatTon and CAD Department (Water Resources Department), Secretariat Buildings, Velagapudi, Guntur District. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Finance and Planning Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 3. The Chief Engineer Telugu Ganga Project, Srinivasa Nagar, Sarojini Devi Layout Tirupati, Andhra Pradesh -517507. 4. The Chief Engineer Projects, Water Resources Department, Irrigation circle, Kurnool 5. The Superintendent Engineer, Water Resources Department, Irrigation Circle, Kurnool Kurnool District, v 6. The Executive engineer. Water Resources Department T.G.P. Division, Allagadda, Nandyal District. v--' ...Respondents 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 of Writ of Mandamus declaring the action of the Respondents in withholding the payments of pending amounts of Rs. 15,40^857/- and Rs. 17,39^95/- totalling an amount of Rs.32,80,652/- (Thirty two Lakhs Eighty Thousand Six Hundred and Fifty Two Rupees) for the year 2023, even after finalizing the bills, payable to the petitioner in relation to the works (1.) Repairs and Restoration to TCP Block No.33 major Distributory from Km. 3.350 to Km 7.170. (2.) Repairs and Restoration to TOP Block No.33 major Distributory from Km.0.000 to Km.2.675. as bad, illegal, arbitrary, improper, unjust and against the Article 21 of Constitution of India and consequently direct the Respondents to pay the amounts of Rs.32,801^652/- (Thirty two Lakhs Eighty Thousand Six Hundred and Fifty Two Rupees) forthwith release the payments of above bill amount along with 12percent interest and pass any other order or orders as this Honble Court may deem fit and proper in the interest of Justice. lA 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 to direct the respondents to release and pay the amounts of Rs.32,8d'652/- (Thirty two Lakhs Eighty Thousand Six Hundred and Fifty Two Rupees) release the payments of the bill amount along with 12% interest, pending disposal of the writ petition. i ✓ j Counsel for the Petitioner: SRI THATHIREDDY ASHOK SRIVASTAVA Counsel for the Respondent Nos.1,3 to 6: GP FOR IRRIGATION COMM AREA DEV V' Counsel for the Respondent No.2: GP FOR FINANCE PLANNING The Court made the following order: r APHC010314922025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY.THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 15980/2025 Between: 1.SR1. POCHA VENKATA REDDY,, S/0. PULLA REDDY, D.NO.2-150, BODEMMANUR VILLAGE UYYALAWADA MANDAL, NANDYAL DISTRICT ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS SECRETARY, RESOURCES DEPARTMENT), VELAGAPUDI, GUNTUR DISTRICT. IRRIGATION AND CAD DEPARTMENT (WATER SECRETARIAT BUILDINGS, 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3.THE CHIEF ENGINEER TELUGU GANGA PROJECT, SRINIVASA NAGAR, SAROJINI DEVI LAYOUT TIRUPATI, ANDHRA PRADESH - 517507. 4.THE CHIEF ENGINEER PROJECTS, WATER RESOURCES DEPARTMENT, IRRIGATION CIRCLE, KURNOOL 5.THE SUPERINTENDENT ENGINEER, WATER RESOURCES DEPARTMENT, IRRIGATION CIRCLE, KURNOOL KURNOOL DISTRICT. 2 6.THE EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT T.G.P. DIVISION, ALLAGADDA, 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 of Writ of Mandamus declaring the action of the Respondents in withholding the payments of pending amounts of Rs.15,40,857/- and Rs. 17,39,795/- totaling an amount of Rs.32,80,652/- (Thirty two Lakhs Eighty Thousand Six Hundred and Fifty Two Rupees) for the year 2023, even after finalizing the bills, payable to the petitioner in relation to the works (1.) Repairs and Restoration to TGP Block No.33 major Distribution from Km. 3.350 to Km 7.170. (2.) Repairs and Restoration to TGP Block No.33 major Distributory from Km.0.000 to Km.2.675. as bad, illegal, arbitrary, improper, unjust and against the Article 21 of Constitution of India and consequently direct the Respondents to pay the amounts of Rs.32,80,652/- (Thirty two Lakhs Eighty Thousand Six Hundred and Fifty Two Rupees) forthwith release the payments of above bill amount along with 12percent interest and pass any other order or orders as this Honble Court may deem fit and proper in the interest of Justice lA 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 to direct the respondents to release and pay the amounts of Rs.32,80,652/- (Thirty two Lakhs Eighty Thousand Six Hundred and Fifty Two Rupees) release the payments of the bill amount along with 12% interest, pending disposal of the writ petition and pass such Counsel for the Petitioner: 1 .THATHIREDDY ASHOK SRIVASTAVA Counsel for the Respondent(S): 1 .GP FOR IRRIGATION COMM AREA DEV 2.GP FOR FINANCE PLANNING The Court made the following: 3 ORDER: The present writ petition came to be filed under Article 226 of the Constitution of India seeking the following relief: “...to issue an appropriate Writ, Order or Direction more particulariy one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the payments of pending amounts of Rs. 15,40,857/- and Rs.17,39,795/- totaling an amount of Rs.32,80,652/- (Thirty two Lakhs Eighty Thousand Six Hundred and Fifty Two Rupees) for the year 2023, even after finalizing the bills, payable to the petitioner in relation to the works (1.) Repairs and Restoration to TGP Block No.33 major Distribution from Km. 3.350 to Km 7.170 (2.) Repairs and Restoration to TGP Block No.33 major Distributory from Km.0.000 to Km.2.675. as bad, illegal, arbitrary, improper, unjust and against the Article 21 of Constitution of India and consequently direct the Respondents to the amounts of Rs.32,80,652/- (Thirty two Lakhs Eighty Thousand Six Hundred and Fifty Two Rupees) forthwith release the payments of above bill amount along with 12 percent interest and pass such other order or orders ....” pay 2. The petitioner had been awarded the contract of works i.e., 1) Repairs and Restoration to the TGP Block No.33 Major Distributory From Chainage KMO.OOO to KM 2.675 and 2) Repairs and Restoration to the TGP Block No.33 Major Distributory From Chainage KM 3.350 to KM 7.170 by the Water Resources Department. After execution of the aforementioned works, the respondents issued quality control certificates dated 10.08.2023 for a sum of Rs.17,08,580/- and Rs.14,81,042/- 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. 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 amount, no payment is being mqde. The petitioner contends that such contract 3. non- V 4 payment of money is clearly arbitrary and high-handed requiring the interference of this Court. 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. On the other hand, learned Assistant Government Pleader on oral instructions submits that the admitted amount payable to the petitioner as per the quality control certificates dated 10.08.2023 for a sum of Rs.17,08,580/- and Rs.14,81,042/- respectively. He further 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 4. 5. petitioner. Learned counsel for the petitioner agreed for payment of final bill as per the quality control certificates as stated by the learned Assistant Government 6. Pleader. 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 quality control certificates dated 10.08.2023 for a sum of Rs.17,08,580/- and Rs.14,81,042/- respectively. 7. 5 J issued by the respondents, within a period of five (5) months from the date of ' receipt of a copy of this order. 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. Consequently, Miscellaneous Petitions, if any, pending shall stand closed. Sd/- M PRABHAKAR RAO ASSISTANT REGISTRAR SECTION OFFICER //TRUE COPY// i To. 1. The Secretary, Irrigation and CAD Department (Water Resources Department), Secretariat Buildings, Velagapudi, Guntur District. 2. The Principal Secretary, Department of Finance and Planning Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 3. The Chief Engineer Telugu Ganga Project, Srinivasa Nagar, Sarojini Devi Layout Tirupatt, Andhra Pradesh -517507. 4. The Chief Engineer Projects, Water Resources Department, Irrigation circle, Kurnool 5. The Superintendent Engineer, Water Resources Department, Irrigation Circle, Kurnool Kurnool District. 6. The Executive engineer. Water Resources Department T.G.P. Division, Allagadda, Nandyal District. 7. One CC to Sri. Thathireddy Ashok Srivastava, Advocate [OPUC] 8. Two CCs to GP For Irrigation Comm Area Dev, High Court of Andhra Pradesh [OUT] 9. Two CCs to GP For Finance Planning, High Court of Andhra Pradesh [OUT] 10. Two CD Copies. V-' AL TL HIGH COURT DATED:02/09/2025 ORDER WP NO. 15980 OF 2025 & rlSEP 2025 S Sectio*' ^ / DISPOSING OF THE W.P. WITHOUT COSTS