APHC010339692025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) :d TUESDAY,THE SECOND DAY OF SEPTEMBER g TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 17290 OF 2025 O Between: Sri 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), 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. 6. The Executive engineer. Water Resources Department, T.G.P. Division, Allagadda, Nandyal District. ...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 appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in •'r withholding the payments of pending amounts of Rs. 15,71,293/- Rs.13,33,841/- and Rs. 15,51,643/- totalling an amount of Rs. 44,56,777/- (Forty-four lakh fifty six thousand seven hundred seventy-seven rupees only) for the year 2021 even after finalizing the bills, payable to the petitioner in relation to the works 1 Construction of UT @3.200 KM on 1L Sub-Minor of TCP Block 22 (2). Construction of Pipe Culvert @4.2 KM on 1L Sub-Minor of 22 Block to provide passage between Ahobhilam and Rudravaram Road. (3.) onstruction of UT @ 3.000 KM on 1L Sub-Minor of TOP Block - 22 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. 44,56,777/- (Forty-four lakh fifty-six thousand seven hundred seventy-seven rupees only forthwith release the payments of above bill amount along with 12 percent 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.44,56,777/- (Forty-four lakh fifty-six thousand seven hundred seventy-seven 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 IRRIGATION COMM AREA DEV Counsel for the Respondent No. 2: GP FOR FINANCE PLANNING The Court made the following order: r APHC010339692025 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: 17290/2025 Between: 1,SRI. P. SUDARSHAN REDDY,, AGED 45 YEARS S/0. P. SANKARA SIRIVELLA D.NO.6-46-1, GOVINDAPALLE VILLAGE REDDY MANDAL, NANDYAL DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS IRRIGATION AND CAD DEPARTMENT (WATER SECRETARIAT BUILDINGS, SECRETARY, RESOURCES DEPARTMENT), VELAGAPUDI, GUNTUR DISTRICT. 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL PLANNING, DEPARTMENT OF FINANCE AND SECRETARY 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 appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the Rs.13,33,841/- and an payments of pending amounts of Rs.15,71,293/- Rs. 15,51,643/- totaling an amount of Rs. 44,56,777/- (Forty- four lakh fifty six thousand seven hundred seventy-seven rupees only) for the year 2021 even after finalizing the bills, payable to the petitioner in relation to the works 1 Construction of UT @3.200 KM on 1L Sub-Minor of TGP Block 22 (2). Construction of Pipe Culvert @4.2 KM on 1L Sub-Minor of 22 Block to provide passage between construction of UT @ 3.000 KM on 1L Sub-Minor of TGP Block - 22 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. 44,56,777/- (Forty-four lakh fifty-six thousand seven hundred seventy-seven rupees only forthwith release the payments of above bill amount along with 12 percent interest and pass 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.44,56,777/- (Forty-four lakh fifty-six thousand seven hundred seventy-seven rupees only) 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 Ahobhilam and Rudravaram Road. (3.) 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 an payments of pending amounts of withholding the Rs.13,33,841/- and Rs.15,71,293/- Rs. 15,51,643/- totaling an amount of Rs. 44,56,777/- (Forty-four lakh fifty six thousand seven hundred seventy-seven rupees only) for the year 2021 even after finalizing the bills, payable to the petitioner in relation to the works 1 Construction of UT @3.200 KM on 1L Sub-Minor of TGP Block 22 (2). Construction of Pipe Culvert @4.2 KM on 1L Sub-Minor of 22 Block to provide passage between Ahobhilam and Rudravaram Road. (3.) construction of UT @ 3.000 KM on 1L Sub-Minor of TGP Block - 22 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. 44,56,777/- (Forty-four lakh fifty-six thousand seven hundred seventy-seven rupees only forthwith release the payments of above bill amount along with 12 percent interest and pass such other order or orders ....” The petitioner had been awarded the contract of works i.e., (1) Construction of UT @3.200 KM on 1L Sub-Minor of TGP Block 22; (2) Construction of Pipe Culvert @4.2 KM on 1L Sub-Minor of 22 Block to provide passage between Ahobhilam and Rudravaram Road; and (3) Construction of UT @ 3.000 KM on 1L Sub-Minor of TGP Block - 22 by the Water Resources Department. After execution of the aforementioned contract works, the respondents issued quality control certificates dated 22.11.2023 2. for Rs.14,35,004/-, Rs.12,18,004 and Rs.14,15,273/- 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. 4 3. 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 made. The petitioner contends that such non 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 4. 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. 5. On the other hand, learned Assistant Government Pleader on oral instructions submits that the admitted amounts payable to the petitioneras per the quality control certificates dated 22.11.2023 for Rs.14,35,004/-, Rs.12,18,004 and Rs.14,15,273/- 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 of final bill as per the quality control certificates as stated by the learned Assistant Government Pleader. 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 amounts t9^he petitioner in 5 accordance with the quality control certificates dated 22.11.2023 for Rs.14,35,004/-, Rs.12,18,004 and Rs.14,15,273/- respectively, 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/- K TATA RAO DEPU REGISTRAR //TRUE COPY// A SECTION OFFICER To, 1. The Secretary, Irrigation and CAD Department (Water Resources Department*), State of Andhra Pradesh Velagapudi, Guntur District. 2. The Principal Secretary, Department of Finance and Planning, State of 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, Water Resources Department, 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 and Common Area Andhra Pradesh [OUT] 9. Two CCs to GP for Finance Planning, High Court of Andhra Pradesh [OUT] Secretariat Buildings, Amaravathi, Irrigation Dev High Court of 10. Two CD Copies GSC HIGH COURT DATED:02/09/2025 'Jt' ORDER WP NO. 17290 OF 2025 ^ 2 0 SEP 2025 Jg; '^J^CjirrenlSKtigii^^*/ DISPOSING THE WP WITHOUT COSTS