APHC010382322025 IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY,THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 19664/2025 Between: 1. M/S MAHANANDIESWARA CONSTRUCTIONS,, REP BY. S.RAMESH NAIDU, S/O. NAGALINGAMAIAH, AGED ABOUT 43 YEARS, R/O. D.NO. 25/427-10- DISTRICT. 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY, IRRIGATION AND WATER RESOURCE DEPARTMENT A.P. SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, A.P. SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI. 3. THE CHIEF ENGINEER, WATER RECOURSE DEPARTMENT, KURNOOLKURNOOL DISTRICT. 4. THE DISTRICT COLLECTOR, NANDYAL. NANDYAL DISTRICT. 5. THE SUPERINTENDING ENGINEER, TELUGU GANGA PROJECT, NANDYAL, NANDYAL DISTRICT. 6. THE EXECUTIVE ENGINEER W R D, NANDYAL, DISTRICT 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 an appropriat particularly one in the nature of Writ of Mandamus declaring the action of the IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 19664/2025 M/S MAHANANDIESWARA CONSTRUCTIONS,, REP BY. S.RAMESH NAIDU, S/O. NAGALINGAMAIAH, AGED ABOUT 43 YEARS, R/O. -A3-A-1, R.S.ROAD, NANDYAL, NANDYAL ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY, IRRIGATION AND WATER RESOURCE DEPARTMENT A.P. SECRETARIAT BUILDING, VELAGAPUDI, THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, A.P. SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI. THE CHIEF ENGINEER, WATER RECOURSE DEPARTMENT, KURNOOLKURNOOL DISTRICT. THE DISTRICT COLLECTOR, NANDYAL. NANDYAL DISTRICT. THE SUPERINTENDING ENGINEER, TELUGU GANGA PROJECT, NANDYAL, NANDYAL DISTRICT. THE EXECUTIVE ENGINEER W R D, TGP DIVISION, NANDYAL, 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 topleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the IN THE HIGH COURT OF ANDHRA PRADESH [3333] WEDNESDAY,THE TENTH DAY OF SEPTEMBER THE HONOURABLE SMT JUSTICE V.SUJATHA M/S MAHANANDIESWARA CONSTRUCTIONS,, REP BY. S.RAMESH NAIDU, S/O. NAGALINGAMAIAH, AGED ABOUT 43 YEARS, R/O. 1, R.S.ROAD, NANDYAL, NANDYAL ...PETITIONER THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION AND WATER RESOURCE DEPARTMENT A.P. SECRETARIAT BUILDING, VELAGAPUDI, THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, A.P. SECRETARIAT THE CHIEF ENGINEER, WATER RECOURSE DEPARTMENT, THE DISTRICT COLLECTOR, NANDYAL. NANDYAL DISTRICT. THE SUPERINTENDING ENGINEER, TELUGU GANGA PROJECT, TGP DIVISION, NANDYAL, ...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 e writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2 respondents in not releasing the payments for the works executed by the petitioner for Providing (i) improvements to the Canal Right Side bund of 14th block 1R Minor Distributory of TGP Main Canal from KM 3.800 to KM 7.500 with Agreement Value of Rs. 19,80,000/- through the Agreement No. 15/2021-22, dated 20.05.2021 for an amount of Rs. 17,15,329/- , (ii) improvements to Right Side Bank of 17th Distributory of TGP Mai Canal from KM 0.000 to KM 2.700 with an Agreement Value of Rs. 17,70,000/- through the Agreement No. 19 /2021-22, dated 26.05.2021 for an amount of Rs. 15,90,893/-, totaling the works amount to Rs.33,06,222/- is illegal, arbitrary and contrary to law and un constitution and violation of Article 14 of Constitution of India and consequently direct the respondent authorities to release an amount of Rs. 86,44,891/- with 18percent Per annum to the petitioner in respect of the execution of aforementioned work forthwith 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 respondent authorities to release an amount of Rs.33,06,222/-with interest at 18% for the works provided by the petitioner (i) improvements to the Canal Right Side bund of 14^^ block 1R Minor Distributory of TGP Main Canal from KM 3.800 to KM 7.500 with an Agreement Value of Rs. 19,80,000/- through the Agreement No. 15/2021-22, dated 20.05.2021 for an amount of Rs.17,15,329/- , (ii) improvements to Right Side Bank of 17**^ Distributory of TGP Mai Canal from KM 0.000 to KM 2.700 with an Agreement Value of Rs. 17,70,000/- through the Agreement No. 19 /2021-22, dated 26.05.2021 for an amount of Rs.15,90,893/- and to pass Counsel for the Petitioner: 1. MARELLA RADHA Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD 2. GP FOR FINANCE PLANNING 3 The Court made the following Order: 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.33,06,222/-, as per the sanctioned orders. Confirming the same, respondents also issued quality control certificates to a tune of Rs.16,36,286/- & Rs.15,20,889/-. As the payment of the said amounts have 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 Pleader, on oral instructions, 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, however, admitted the 4 amounts payable to the petitioner as per the quality control certificates filed by the petitioner to a tune of Rs.16,36,286/- & Rs.15,20,889/-. 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 amounts to the petitioner in accordance with the quality control certificates dated 20.10.2023 & 03.11.2023 issued by the respondents within a period of five (5) months from the date of receipt of a copy of this order. 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 amounts which are due and payable, the same is binding upon both the parties. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________ JUSTICE V.SUJATHA Dated: 10.09.2025 MDP