APHC010370372025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] SATURDAY,THE THIRTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 19351/2025 Between: 1. M/S SAGITTAL INFRA PROJECTS, DOOR NO 9-2-228/A, JANGAREDDYGUDEM WEST GODAVARI DISTRICT REP BY ITS MANAGING PARTNER SRI K. KRISHNA KISHORE ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRI SECRETARY IRRIGATION AND WATER RESOURCES (CAD) DEPARTMENT, AT SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, A.P. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRI SECRETARY FINANCE AND PLANNING DEPARTMENT, 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, KRISHNA EASTERN DIVISION. VIJAYAWADA, NTR DISTRICT 5. DEPUTY EXECUTIVE ENGINEER, IRRIGATION SUB DIVISION, VIJAYAWADA. 6. ASST EXECUTIVE ENGINEER, IRRIGATION SECTION ,PERIKEEDU KRISHNA DISTRICT.. 7. PAY AND ACCOUNTS OFFICER, VIJAYAWADA, NTR DISTRICT. 2 ...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 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 32,21,118/- (Thirty two lakhs twenty one thousand one hundred and eighteen ) to the petitioner in respect of execution of the work relating to agreement No- 20/2023-24 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 32,21,118/- (Thirty two lakhs twenty one thousand one hundred and eighteen ) to the petitioner with interest @ 18percemt per annum from 01.05.2024 tiil the date of payment in the interest Of justice and 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 to direct the respondents to pay an amount of Rs32,21,118/- (Thirty two lakhs twenty one thousand one hundred and eighteen ) to the petitioner firm in respect of execution of work relating to work agreement No:20/2023-24 dated 22.06.2023with interest @ 18% per annum from 01.05.2024 till the date of payment in the interest of Justice pending disposal of the writ petition and pass Counsel for the Petitioner: 1. CH B R P SEKHAR Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD 2. GP FOR FINANCE PLANNING The Court made the following: 3 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 bills amount of Rs.32,21,118/- to the petitioner in respect of execution of the work relating to agreement No.20/2023-24 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.32,21,118/- (Thirty two lakhs twenty one thousand one hundred and eighteen) to the petitioner with interest @ 18% per annum from 01.05.2024 till the date of payment in the interest of justice and pass such other order or orders ….” The petitioner had been awarded the contract of work i.e., O&M such as Removal of weed by means of manual and ploughing on Krishna Eluru main Canal from Km 44.30 to Km 58.50 under the jurisdiction fo Perkeedu Section, Pedapadu Mandal for the year 2023-24 by the Irrigation Department. After execution of the said contract, a final bill was prepared for a sum of Rs. 32,21,118/- as per the sanctioned orders confirming the same, respondents also issued quality control certificate to a tune of Rs.27,27,034/-. 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. 4 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 Assistant Government Pleader on oral instructions submits that the admitted amount payable to the petitioner as per the quality control certificate dated 23.06.2025 filed by the petitioner, is Rs. 27,27,034/-. 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 5. Learned counsel for the petitioner agreed for payment of final bill to a tune of Rs.27,27,034/- as per the quality control certificate as stated by the learned Assistant Government Pleader. 6. 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 23.06.2025, 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 5 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. ______________________ JUSTICE V.SUJATHA Date:30 .08.2025 KA 6 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 19351/2025 Date:30 .08.2025 KA