APHC010339662025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0^ TUESDAY,THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 17288 OF 2025 Between: P Sudarshan Reddy, aged 45 years, S/o. P. Sankara Reddy, D.No.6- 46-1, Govindapalle village, Sirivella Mandal, Nandyal District ...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 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. 6. The Executive engineer. Water Resources Department. Division, Allagadda, Nandyal District. Secretariat T.G.P. ...Respondents under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be Petition pleased to issue an appropriate Writ Order or direction more particularly one the nature of Writ of Mandamus declaring the action of the Respondents in payments of pending amounts of Rs.17,16,646/-, in withholding the Rs. 16,90,588/- and Rs. 16,85,757/- totalling an amount of Rs.50,92,991/- (Fifty lakh ninety-two thousand nine hundred ninety-one rupees only) for the year 2023 even after finalizing the bills, payable to the petitioner in relation to the works (1.) Repairs and Restoration to the TGP Block No.22 Major Distributory from KM 0.600 to KM 3.550. (2.) Repairs and Restoration to the TGP Block No.23 Major Distributory from KM 4.695 to KM 6.125 and TGP Block No.24 Major Distributory from KM 0.000 to KM 2.000. (3.) Repairs and Restoration to the TGP Block No.23 Major Distributary from KM 1.100 to KM 4.695 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.50,92,991./- (Fifty lakh ninety-two thousand nine hundred ninety-one rupees only) forthwith release the payments of above bill amount along with 12percent 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.50,92,991/- (Fifty lakh ninety-two thousand nine hundred ninety-one rupees only) 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 IRRI AND CAD Counsel for the Respondent No.2: GP FOR FINANCE PLANNING The Court made the following order: APHC010339662025 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: 17288/2025 Between; 1.P SUDARSHAN REDDY, AGED 45 YEARS, S/0. P. SANKARA D.NO.6-46-1, GOVINDAPALLE VILLAGE, SIRIVELLA REDDY, MANDAL, NANDYAL DISTRICT ...PETITIONER AND 1.THE STATE OF AP, REPRESENTED BY ITS SECRETARY, IRRIGATION 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. SRINIVASA 3.THE CHIEF ENGINEER, TELUGU GANGA PROJECT 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. 6.THE EXECUTIVE ENGINEER, WATER RESOURCES T.G.P. DIVISION, ALLAGADDA, NANDYAL DISTRICT. DEPARTMENT. ...RESPONDENT{S): of India praying that in the i, the High Court may be in th t ^ appropriate Writ Order or direction more particularly one withhoH m Mandamus declaring the action of the Respondents p payments of pending amounts of Rs. 17,16 646/- I kh ■ Rs. 16,85,757/- totaling an amount of Rs.50 92 991/- (Fifty t mTo ot ote petitioner in relation to the works (1 ) Repairs and Restoration to the TGP Block No.22 Major Distributorv from KM 0.600 to KM 3.550. (2.) Repairs and Restoration to the TGP Biock No.23 Major Distributary from KM 4.695 to KM 6.125 and TGP Block No 24 I'^reptioctN °'n° '^-toration to e TGP Block No.23 Major Distributary from KM 1.100 to KM 4 695 as bad iHegal, arbitrary, improper, unjust and against the Article 2.1 of Constitution of India and consequently direct the Respondents to Rs.50,92,991/- (Fifty lakh Petition under Article 226 of the Constitution circumstances stated in the affidavit filed therewith pleased to issue in pay the amounts of ninety-one payments of above bill amount along with ninety-two thousand nin-^ hiUi JUi cu ! f— rupees only) forthwith release the 12percent interest and pass lA NO: 1 OF 909^ in .h/r,ffid°" m ‘’’to in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased ot ckrect , e respondents to release and pay the amounts T Rs 50 92 991 Fifty lakh ninety-two thousand nine hundred ninety-one rupees onlyrrelease the' disposal of Counsel for the Petitioner: 1.THATHIREDDY ASHOK SRIVASTAVA Counsel for the Respondent(S): 1.GP FOR IRRI AND CAD 2.GP FOR FINANCE PLANNING 3 The Court made the following 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 particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the payments of pending amounts of Rs.17,16,646/-, Rs.16,90,588/- and Rs.16,85,757/- totaling an amount of Rs.50,92,991/- (Fifty lakh ninety-two thousand nine hundred ninety-one rupees only) for the year 2023 even after finalizing the bills, payable to the petitioner in relation to the works (1.) Repairs and Restoration to the TGP Block No.22 Major Distributory from KM 0.600 to KM 3.550. (2.) Repairs and Restoration to the TGP Block No.23 Major Distributory from KM 4.695 to KM 6.125 and TGP Block No.24 Major Distributory from KM 0.000 to KM 2.000. (3.) Repairs and Restoration to the TGP Block No.23 Major Distributary from KM 1.100 to KM 4.695 as bad, illegal, arbitrary, improper, unjust and against the Article 2.1 of Constitution of India and consequently direct the Respondents to pay the amounts of Rs.50,92,991/- (Fifty lakh ninety-two thousand nine hundred ninety-one rupees only) forthwith release the payments of above bill amount along with 12 percent interest and pass such other order or orders ....” 2. The petitioner had been awarded the contract of works i.e., (1) Repairs and Restoration to the TGP Block No.22 Major Distributory from KM 0.600 to KM 3.550; (2) Repairs and Restoration to the TGP Block No.23 Major Distributory from KM 4.695 to KM 6.125 and TGP Block No.24 Major Distributory from KM 0.000 to KM 2.000; and (3) Repairs and Restoration to the TGP Block No.23 Major Distributary from KM 1.100 to KM 4.695 by the Water Resources Department. After execution of the aforementioned contract works, the respondents issued quality control certificates dated 22.11.2023 for Rs.16,85,666/-, 16,21,622/- and Rs.16,17,501/- respectively. As the 4 payment of the said amounts has not been made by the respondents petitioner has approached this Court by way of this writ petition. 3. It is the contention of the petitioner that even though the respondents admitted that the petitioner is entitled for payment of the aforesaid amount, no payment is being made. The petitioner contends that payment of money is clearly arbitrary and high-handed interference of this Court. 4. 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 the sum of such non requiring the non-payment of dues is arbitrary and that such dues need to be cleared by the respondents at the earliest. 5. On the other hand, learned Assistant instructions submits that the admitted amounts payable to the petitioner as per the quality control certificates dated 22.11.2023 t Covernment Pleader wi I 0 ra I are for Rs. 16,85,666/- 16,21,622/- and Rs.16,17,501/- 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 petitioner. 6. Learned counsel for the petitioner agreed for payment the quality control certificates Pleader. of final bill as per as stated by the learned Assistant Government 7. In view of the facts and circumstances submitted in the affidavit, and the directions of this Court i *in various cases and after hearing the submissions of 5 learned counsel for the petitioner, this Writ Petition is disposed of with a direction to the respondents to release the amounts to the petitioner in accordance with the quality control certificates dated 22.11.2023 for Rs.16,85,666/-, 16,21,622/- and Rs.16,17,501/- respectively, issued by the respondents, within a period of three (3) 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/- K KASIRAO ACHARl ASSISTANT F^^^TRAR SECTION OFFICER //TRUE COPY// 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, 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. 6. The Executive engineer, Water Resources Department. Division, Allagadda, Nandyal District. 7. One CC to Sri. Thathireddy Ashok Srivastava, Advocate [OPUC] 8. Two CCs to GP FOR IRRI AND CAD High Court of Andhra Pradesh [OUT] 9. Two CCs to GP FOR FINANCE PLANNING High Court of Andhra Pradesh [OUT] 10. Two CD Copies. T.G.P. high court DATED:02/09/2025 ORDER WP NO. 17288 OF 2025 disposing of the W.P. WITHOUT COSTS