APHC010320292025 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: 16351/2025 Between: 1. VENKATESWARA CONSTRUCTIONS, REP. BY ITS MANAGING PARTNER TV. RAMANA REDDY, AGED ABOUT 54 YEARS, OCC CONTRACTOR, R/O.D.NO.6-1-940-1, S.V. ESTATES, BESIDE IOC PETROL BUNK, KOVUR NAGAR, ANANTAPUR, ANANTAPUR DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, WATER RESOURCES DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY FINANCE DEPARTMENT, SECRETARIAT VELAGAPUDI, GUNTUR DISTRICT. 3. THE CHIEF ENGINEER PROJECTS, WATER RESOURCES DEPARTMENT, ANANTAPUR, ANANTAPUR DISTRICT. 4. THE SUPERINTENDING ENGINEER, TBP HLC CIRCLE, ANANTAPUR, ANANTAPUR DISTRICT. 5. THE EXECUTIVE ENGINEER, DC DIVISION, ANANTAPUR, ANANTAPUR 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 2 VS,J W.P.No.16351 of 2025 pleased topleased to issue appropriate writ, direction, order or orders, more particularly one in the nature of Writ of Mandamus in questioning the action of the respondents in not releasing bill payment for the work i.e., Improvements to Canal from km. 86.300 to km. 88.500 of PABR Right Canal for the estimated contract value of work of Rs. 19,80,000/- in respect of the bill amount of Rs. 19,35,030/- for the work executed by the petitioner despite the claim for the payment of bill amount is raised vide Token No.2021-1125003 as illegal, arbitrary and violative of Article 14 and 21 of the Constitution of India and consequently direct the respondents to release an amount of Rs. 19,35,030/- towards the bill amount for the work executed by the petitionerand 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 respondents to release an amount of Rs. 19,35,030/- towards bill amount for the works executed by the petitioner i.e., “Improvements to Canal from km. 86.300 to km. 88.500 of PABR Right Canal”, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. K NAVEEN KUMAR 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.16351 of 2025 THE HONOURABLE Smt. JUSTICE V.SUJATHA WRIT PETITION NO:16351 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.19,35,030/- as per the sanctioned orders confirming the same, respondents also issued quality control certificate to a tune of Rs.15,22,105/-. 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.16351 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 27.05.2021 filed by the petitioner to a tune of Rs.15,22,105/-. 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 27.05.2021 issued by the respondents within a period of three (03) 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