APHC010314972025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE THIRD DAY OF SEPTEMBER I© TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 15971 OF 2025 A: Between: Sri Pocha Venkata Reddy, S/o. Pulla Reddy village, Uyyalawada Mandal, Nandyal District D.No.2-150, Bodemmanur ...PETITIONER AND 1. The State of Andhra Pradesh, Represented by its Secretary, Irrigation and CAD Department (Water Resources Department) Buildings, Velagapudi, Guntur District. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Finance & Planning, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 3. The Chief Engineer, Telugu Ganga Project Devi Layout, Tirupati, Andhra Pradesh -517507. 4. The Chief Engineer (Projects), Water Resources Department^ Circle, Kurnool. 5. The Superintendent Engineer, irrigation Circle, Kurnool, Kurnool District. 6. The Executive Engineer, Water Resources Division, Allagadda, Nandyal District. Secretariat Srinivasa Nagar, Sarojini Irrigation Water Resources Department Department, T.G.P. ...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 p- in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the payments of pending amounts of Rs. 17,22,220/-, Rs. 18,17,642/- Rs. 17,96,766/- totalling an amount of Rs.53,36,628/- (Fifty three lakhs Thirty Six thousand Six Hundred and Twenty Eight 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.2.675 to Km.3.350. (2.) Restoration of R/S and L/S banks at U.T 23.500 Km and repairs and Restoration of Block No.28 in between Chainage 21.000 KM to 26.000 KM of TOP Major Distributory Block No.28. (3.) Strengthening of Inspection Path from Chainage 59.500 KM to 62.000 KM on TCP Main Canal, 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.53,36,628/- (Fifty three lakhs Thirty Six thousand Six Hundred and Twenty Eight Rupees) forthwith release the payments of above bill amount along with 12% interest. 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.53,36,628/- (Fifty three lakhs Thirty Six thousand Six Hundred and Twenty Eight Rupees) release the payments of the bill amount along with 12% interest, pending disposal of the writ petition. Counsel for the Petitioner: SRI THATHIREDDY ASHOK SRIVASTAVA Counsel for the Respondent Nos.1, 3 to 6: GP FOR IRRIGATION & CAD Counsel for the Respondent No.2:GP FOR FINANCE & PLANNING The Court made the following order: APHC010314972025 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: 15971/2025 Between: D.NO.2-150, BODEMMANUR VILLAGE UYYALAWADA MANDAL, NANDYAL DISTRICT 1.POCHA VENKATA REDDY, S/0. PULLA REDDY ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS IRRIGATION AND CAD DEPARTMENT (WATER SECRETARIAT BUILDINGS, SECRETARY, RESOURCES DEPARTMENT) VELAGAPUDI, GUNTUR DISTRICT. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL DEPARTMENT OF FINANCE 2.THE SECRETARY, SECRETARIAT BUILDINGS, VELAGAPUDI, PLANNING AMARAVATHI, GUNTUR DISTRICT. GANGA PROJECT, TIRUPATI, TELUGU 3.THE CHIEF ENGINEER, SRINIVASA NAGAR, SAROJINI DEVI LAYOUT, ANDHRA PRADESH -517507. ENGINEER PROJECTS, WATER RESOURCES DEPARTMENT IRRIGATION CIRCLE, KURNOOL SUPERINTENDENT ENGINEER, WATER RESOURCES DEPARTMENT, 4.THE CHIEF 5.THE IRRIGATION CIRCLE, KURNOOL, KURNOOL 2 VS,J W.P.No.15971 of2025 DISTRICT. 6.THE EXECUTIVE ENGINEER, DEPARTMENT, T.G.P. DIVISION DISTRICT. WATER RESOURCES ALLAGADDA, NANDYAL ...RESPONDENT{S): Petition under Article 226 of the Constitution the circumstances stated i of India praying that in the affidavit filed therewith, the High Court dir/rtin* Phased toPleased to issue an appropriate Writ Order or direction rnore particularly one In the nature of Writ of Mandamus eclaring the action of the Respondents In withholding the payments of pending amounts of Rs. 17,22,220/-, Rs.18,17,642/ Rs 17 96 76^- totalling an amount of Rs.53,36,628/- (Fifty three lakhs Thirty' thousand Six Hundred and Twenty Eight Rupees) for the year 2023 ks (1.) Repairs and Restoration to TGP Block No 33 Maior bank's afuTM 500 'h L/S banks at UT 23.500 Km and repairs and Restoration of Block No 28 In Btor^No 28"'"m St' '“ °°° Distributory 59 500 KM fn io'Ln rf Ch^inage by.500 KM to 62.000 KM on TGP Main Canal improper, unjust and against the Article 21 of Constitution of India and Rs S^sTeZ /fT R“P°"dents to pay the amounts of Rs.53 36 628/- (Fifty three lakhs Thirty Six thousand Six Hundred and Twenty Eight Rupees) forthwith release the payments of above bill pass Six as bad, illegal, arbitrary amount along with 12 interest and LA NO: 1 OF 2npf^ stated^’^the 7T arf ‘h® circumstances ^0 010! a f High Court may be pleased pleased to direct the respondents to release and pay the amounts of Rs.53,36,628/- (Fifty three lakhs Thirty Six thousand st Hundred and Twenty Eight Rupees) release the payments ofThe bill amount along with 12% interest, pending disposal of the writ petition and Counsel for the Petitioner: 3 VS,J W.P.No.15971 of2025 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: 4 VS,J W.P.No.15971 of 2025 ORDER: The petitioner has been awarded the execution of works under the Kurnool District. After execution of the said of Rs.17,22,220/-, the sanctioned orders 1. Irrigation department in contract, a final bill was prepared for a sum Rs.18,17,642/- and Rs.17,96,766/- as per confirming the same, respondents also issued quality control certificates tune of Rs.16,53,607/-, dated 10.08.2023 and 22.11.2023 to a Rs.17,28,190/- and Rs.17,49,762/-. 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, 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 the budget was not released by the Government, the bills were not paid 2. It is the 5 VS,J W.P.No.15971 of 2025 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 10.08.2023 and 22.11.2023 filed by the petitioner to a tune of Rs.16,53,607/-, Rs.17,28,190/- and Rs.17,49,762/-. In view of the facts and circumstances submitted in the affidavit 5. 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 10.08.2023 and 22.11.2023 issued by the respondents within a period of five (05) 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. Sd/- K. KASI RAO ACHARI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Secretary, Irrigation and CAD Department (Water Resources Department), State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Guntur District. Department of Finance & Planning, State of Amaravathi, 2. The Principal Secretary, Andhra Pradesh, Secretariat Buildings, Velagapudi, \ 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 Irrigation Circle, Kurnool, Kurnool District. 6. The Executive Engineer, Water Resources Department, T.G.P. Division, Allagadda, Nandyal District. P^fone CC to Sri Thathireddy Ashok Srivastava, Advocate [OPUC] 8. Two CCs to GP for Irrigation and CAD, High Court of Andhra Pradesh [OUT] 9. Two CCs to Pradesh [OUT] 10.Two CD Copies. Water Resources Department GP for Finance and Planning, High Court of Andhra ssb HIGH COURT 01 DATED:03/09/2025 ORDER WP No. 15971 OF 2025 ■gf anoh^ 5 23 SEP 2025 ^ Cutrenl Section ^J ESPATC«S^ Coll ,•5^ DISPOSING OF THE W.P. WITHOUT COSTS