Ii APHC010370362025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 19349 OF or\OK 050 Between: SagltoUnfra P.oJeCs, Door No- 9-2-228/A, Jangareddyguderr, Wes, Godavan District rep by its Managing partner Sri K. Krishna Kishore ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Pri. Secretary, irrigation Water Resources (CAD)-Departnnent, a. Secretariat, Veiagapudi Amaravathi, Guntur District, A.P. 2. The State of Andhra Pradesh, Rep. by its Pri, Secretary, Finance Planning department, at Secretariat, Veiagapudi, Anraravathi, Guntur L/istrict, A.P. „and and 3. The Superintending Engineer, Irrigation Vijayawada, NTR District 4. The Executive Engineer, circle, Krishna Eastern Division Water Resources Department, Eastern Division. Vijayawada, NTR District 5. Depuh/Executive Engineer, irrigation Sub Division, Vijayawada 6. Ass, Executive Engineer, Krishna Canal Section, Eluru, W G District, ay and Accounts Officer, Vijayawada, NTR District. Krishna ...RESPONDENTS Petition under Article 226 of the circumstances stated i pleased to issue Constitution of India praying that in the in the affidavit filed therewith, the High Court may be an appropriate Writ, Order or Direction more particularly in the nature of Writ of Mandamus one declaring the inaction on the part of the respondents in paying the final bill amount of Rs 8,50,639/- (Rupees eight lakhs fifty thousand six hundred and thirty nine) to the petitioner i execution of the work relating to in respect of agreement No.2172023-24 dated 22 06 2023 as illegal, arbitrary, and violation of principles of natural justice and violation Of India and of Article 14, 19(1) (g) of Constitution respondents to pay the said amount of Rs 8,50,639/ thousand consequently direct the (Rupees eight lakhs fifty with interest @ till the date of payment in the interest six hundred and thirty nine) to the petitioner 18percent per annum from 24.01.2025 of justice and pass lA NO: 1 OF Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition direct the respondents to the High Court may be pleased to ^^ount of Rs 8,50,639/- (Rupees eight lakhs fifty thousand six hundred and thirty nine) to the petitioner firm execution of work relating to work 22.06.2023 in the interest of Justice in respect of agreement No: 21/2023-24 dated pending disposal of the writ petition. B. R. P. SEKHAR 1, 3 to 6: GP FOR IRRIGATION & CAD Counsel for the Respondent Nos.2 & 7;GP FOR FINANCE & PLANNING The Court made the following order: Counsel for the Petitioner: SRI CH. Counsel for the Respondent Nos. APHC010370362025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) B5S [3333] i 0^ TUESDAY,THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 19349/2025 Between: DOOR NO- 9-2-228/A, WEST GODAVARI DISTRICT REP BY ITS SAGITTAL INFRA PROJECTS, JANGAREDDYGUDEM MANAGING PARTNER SRI K. KRISHNA KISHORE 1.M/S ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRI SECRETARY ^ IRRIGATION AND WATER RESOURCES (CAD) DEPARTMENT, AT AMARAVATHI, GUNTUR DISTRICT, SECRETARIAT, VELAGAPUDI A.P. OF ANDHRA PRADESH, REP. BY ITS PRI SECRETARY FINANCE AND PLANNING DEPARTMENT VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, A.P. IRRIGATION 2.THE STATE AT SECRETARIAT, CIRCLE SUPERINTENDING ENGINEER 3 THE KRISHNA EASTERN DIVISION, VIJAYAWADA, NTR DISTRICT .Z EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, KRISHNA EASTERN DIVISION. VIJAYAWADA, NTR DISTRICT ENGINEER, IRRIGATION SUB DIVISION, 4.THE 5. DEPUTY EXECUTIVE VIJAYAWADA. EXECUTIVE ENGINEER, KRISHNA CANAL SECTION ELURU.W G DISTRICT. 6. ASST VSj^ W.P.No.19349 of 2025 ^ 7. PAY AND ACCOUNTS OFFICER, VIJAYAWADA, NTR DISTRICT. ■..RESPONDENT(S): pleased otmay be pleased ot^ne Iff reSTLs Constitution Of India and consequently direct the resn'^H^^’ amount of Rs 8,50.639/- (Rupees einht i i.h ^P°^^®nts to pay the said tWy nine) to .heVetitiofe^r^ r/sfe""."'’ 24.01.2025 till the date of payment in the interest ofjusre an" pasT'" nine) to the jA NO: 1 OF ?n9i; In the affidavit fiie" ^"llplo'rt Ifthe oftf"'^th^*^^'r^umstances stated may be pleased to direct the responden s'to’pav '’® P'®®®®'' (Rapees eight lakhs fifty thousLf six hfl I ‘ petitioner firm in respect of execution nf u 21/2023-24 dated 22 06 2023 in fh • ''^'^^'^9 to work agreement No; the writ petition and pas^ ^-^-9 ^-Posal of Counsel for the Petitioner: 1.CH B R P SEKHAR Counsel for the Respondent(S): 1GP FOR IRRI AND CAD 2.GP FOR FINANCE PLANNING The Court made the following: 3 VS,J W.P,No.19349 of 2025 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 inaction on the part of the respondents In paying the final bill amount of Rs 8.50,639/- (Rupees eight lakhs fifty thousand six hundred and thirty nine) to the petitioner in respect of execution of the work relating to agreement No.21/2023-24 dated 22.06.2023 as illegal, arbitrary, and violation of principles of natural justice and violation of Article 14, 19 (1) (g) of Constitution of India and consequently direct the respondents to pay the said amount of Rs 8,50,639/- (Rupees eight lakhs fifty thousand six hundred and thirty nine) to the petitioner with Interest @ 18percent per annum from 24.01.2025 till the date of payment in the interest ofjustice and pass....” 2. The petitioner had been awarded the contract of work of O&M such as weed removal on Seethampeta channel under the jurisdiction of K.E. canal section, Eluru by the Irrigation Department. After execution of the said contract, a final bill was prepared for a sum of Rs.8,50,639/- as per the sanctioned orders confirming the same, respondents also issued quality control certificate to a tune of Rs.8,27,470/- dated 24.01.2025. 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. 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 VS,J W.P.No.l9349of 2025 ' money, no payment is being made. The petitioner payment of money is clearly arbitrary interference of this Court. contends that such non- and high-handed requiring the 4. This Court, in various orders, inciuding the judgment of a teamed Singie Judge of this Court dated 05.10.2021 in W.P.No.l0038 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 instructions submitted that Government, the bills Pleader on oral since the budget was not released by the were not paid to the petitioner. Soon after release of the be paid to the petitioner, however budget by the Government, the bills will admitted the amount payable to the certificate filed by the petitioner 6. In view of the facts and circumstances directions of this Court i learned counsel for the petitioner direction to the respondents to i accordance with the quality control certificate respondents within a period of two (02) months from petitioner as per the quality control is to a tune of Rs.8,27,470/- dated 24.01.2025. submitted in the affidavit, and the m various cases and after hearing the submissions of , this Writ Petition is disposed of with a release the amount to the petitioner dated 24.01.2025 issued by the the date of receipt of a in copy of this order. 5 VS,J W.P.No.19349 of 2025 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. 7. No order as to costs. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. Sd/- Wl.PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The PrI. Secretary, Irrigation and Water Resources (CAD) Department State of Andhra Pradesh, at Secretariat, Velagapudi, Amaravathi Guntur District, A.P. 2. The PrI. Secretary, Finance and Planning department. State of Andhra Pradesh, at Secretariat, Velagapudi, Amaravathi, Guntur District, A.P. 3. The Superintending Engineer, Irrigation circle, Krishna Eastern Division, Vijayawada, NTR District 4. The Executive Engineer, Water Resources Department, Kr^na Eastern Division. Vijayawada, NTR District 5. Deputy Executive Engineer, Irrigation Sub Division, Vijayawada. 6. Asst Executive Engineer, Krishna Canal Section, Eluru, W G District. 7. Pay and Accounts Officer, Vijayawada, NTR District. 8. One CC to Sri Ch. B. R. P. Sekhar, Advocate [OPUC] 9. Two CCs to GP for Irrigation and CAD, High Court of Andhra Pradesh [OUT] 10. Two CCs to GP for Finance and Planning, High Court of Andhra Pradesh [OUT] 11. Two CD Copies. ssb HIGH COURT DATED: 19/08/2025 ORDER WP No. 19349 OF 2025 S W SFP 20?5 M Current ueciion . ^ DISPOSING OF THE W.P. WITHOUT COSTS