APHC010341682025 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: 17255/2025 Between: 1. B VENKATESWARA REDDY, S/0. CHINNA AVULA REDDY , AGE 50 YEARS, R/O.N.S.NAGAR,OPP. RTC BUS STAND MARKAPUR, PRAKASAM DISTRICT, ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, WATER RESOURCES DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE EXECUTIVE ENGINEER, VELLAGONDA PROJECT DIVISION, MARKAPUR, PRAKASAM DISTRICT. 4. THE SUPERINTENDING ENGINEERL/C, CONSTRUCTION CIRCLE,ONGOLE, PRAKASAM 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 topleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in non-payment of amount of Rs. 35,18,513/-(Rupees Thirty Five Lakhs 2 VS,J W.P.No.17255 of 2025 Eighteen Thousand Five Hundred And Thirteen Only) due for the last One years even after finalizing the bills, payable to the petitioner after the successful completion of the execution of work i.e., I. Construction of Church building at thokapalli R R Center identified for project displaced families of sunkesula village ,peddaraveedu mandal,praasam district under pula subbaiah veligonda project., vide Agreement No. 24/2019-20 dated 31.12.2019.,duly approved by the respondents, as illegal, arbitrary, unjust, unreasonable and violative of fundamental rights guaranteed to the Petitioner under Articles 14 and 21 of the Constitution of India and consequently direct the respondents to consider the payment of amounts of Rs. 35,18,513/- (Rupees Thirty Five Lakhs Eighteen Thousand Five Hundred And Thirteen Only) due to the petitioner in respect of execution of said work executed by the Petitioner and 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 forthwith consider releasing the amounts Rs. 35,18,513/- (Rupees Thirty Five Lakhs Eighteen Thousand Five Hundred And Thirteen Only) payable to the petitioner herein, pending disposal of the writ petition and pass Counsel for the Petitioner: 1. DEVASRI ROSHAN KANCHARLA 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.17255 of 2025 THE HONOURABLE Smt. JUSTICE V.SUJATHA WRIT PETITION NO:17255 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.35,18,513/- as per the sanctioned orders confirming the same, respondents also issued quality control certificate to a tune of Rs.29,24,405/-. 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.17255 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 No.33235, dated 07.06.2023 filed by the petitioner to a tune of Rs.29,24,405/-. 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 07.06.2023 issued by the respondents within a period of four (04) 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