APHC010360942025 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: 18348/2025 Between: 1. ANR INFRA PROJECTS, 85-30-5/1, PLOT NO 81, RTC COLONY, RAJAMAHENDRAVARAM, EAST GODAVARI DIST. REP ITS MANAGING PARTNER AINAVILLI NAGESWARA RAO ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS. PRINCIPAL SECRETARY, DEPARTMENT OF IRRIGATION AND WATER RESOURCES. SECRETARIAT, 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. DISTRICT COLLECTOR, VIZIANAGARAM DISTRICT 4. THE DEPUTY EXECUTIVE ENGINEER, SGL TBP SUB DIVISION NO 3, CHEEPURUPALLI, VIZIANAGARAM DISTRICT. 5. THE EXECUTIVE ENGINEER, SGL TBP DIVISION NO II, RAJAM, VIZIANAGARAM DISTRICT. 6. HTHE ASSISTANT EXECUTIVE ENGINEER, SGL TBF SUB DIVISION NO 3, CHEEPURUPALLI, VIZIANAGARAM DISTRICT. 7. THE PAY AND ACCOUNTS OFFICER, WORKS AND ACCOUNTS, D.NO.29-2-52, MANASA C OMPLEX,RAMA MANDIRAM STREET, 2 VS,J W.P.No.18348 of 2025 GOVERNORPET, VIJAYAWADA, KRISHNA 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 toleased to issue order, writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not releasing the final bill amount of Rs.53,19,337/- to the petitioner including interest for the work 1) Improvement works to Vizianagaram branch canal of Right Main canal of SGL Thotapalli barrage project to restore its water carrying potential under correction of system deficiency component of CADWM Programme, in pursuance of Agreement with the respondent Vide Agreement No. 06SE /2021-22 dated 27.1.2021, as being illegal, arbitrary, violation of principles of natural justice and Unconstitutional and consequently direct the respondents to pay undisputed final bill amount of Rs.53,19,337/- to the petitioner including interest for the work in pursuance of Agreement with the 5th respondent Vide Agreement No. 06SE /2021-22 dated 27.11.2021, 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 release undisputed final bill amount of Rs.53,19,337/- to the petitioner including interest for the work 1) Improvement works to Vizianagaram branch canal of Right Main canal of SGL Thotapalli barrage project to restore its water carrying potentia under correction of system deficiency” component of CADWM Progranjme. in pursuance of Agreement with the 5threspondent Vide Agreement No. 06SE /2021-22 dated 27.11.2021, pending disposal of the writ petit on and pass Counsel for the Petitioner: 1. GANIPAY SUNEEL KUMAR Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD 2. GP FOR FINANCE PLANNING 3 VS,J W.P.No.18348 of 2025 THE HONOURABLE Smt. JUSTICE V.SUJATHA WRIT PETITION NO:18348 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.53,19,337/- as per the sanctioned orders confirming the same, respondents also issued quality control certificate dated 27.03.2023 to a tune of Rs. 53,19,337/-. 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.18348 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 27.03.2023 filed by the petitioner to a tune of Rs. 53,19,337/-. 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 27.03.2023 issued by the respondents within a period of six (06) 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