Extracted from the PDF above. The PDF is authoritative.
APHC010383382025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] THURSDAY, THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 19633/2025 Between:
1. SRI RAM INFRA, D.NO. 9-18-975/1, BHIMINENI ESTATES, FLOOR A-BLOCK FLAT NO. 102, SYAMALA NAGAR 3RD LANE, GUNTUR DISTRICT, REP BY ITS PROPRIETOR ALLA SIVA NAGESWARA RAO
...PETITIONER AND
1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY IRRIGATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 2. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY FINANCE AND PLANNING DEPARTMENT SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, ANDHRA PRADESH. 3. THE DISTRICT COLLECTOR, (IRRIGATION WING) KRISHNA DISTRICT. 4. THE ENGINERINCHIEF, , MINOR AND MAJOR IRRIGATION DEPARTMENT
GOVERNMENT OF ANDRA PRADESH, IRRIGATION BHAVAN, VIJAYAWADA, KRISHNA DISTRICT. 5. THE COMMISSIONER, COMMAND DEVELOPMENT AUTHORITY (CAD) WATER RESOURCES DEPARTMENT, GOVERNMENT OF ANDRA PRADESH, VIJAYAWADA, KRISHNA DISTRICT. 2 VS,J W.P.No.19633 of 2025
6. THE SUPERINTENDING ENGINEER, IRRIGATION AND WATER RESOURCES DEPARTMENT GUNTUR. 7. THE EXECUTIVE ENGINEER, DRAINAGE DIVISION, CHIRALA, BAPATLA 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 to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents not paying the bills for execution of work vide Agreement no. 17 DN/2024-2025, dt.20- 07-2024, to an amount of Rs. 7,38,056/- to the petitioner with 18 percentage interest till to day from the date of completion of respective works as illegal arbitrary violation of principles of natural justice and violative of Article 14 19 1g 21 of the Constitution of India consequentially direct the respondents to release the bills for the above completed works immediately with 18 percentage interest 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 the amount of Rs. 7,38,056/- towards payment of above final bills for the contract works under taken by the petitioner pending disposal of the above writ petition and to pass Counsel for the Petitioner:
1. PETA GNANA TEJA Counsel for the Respondent(S):
1. GP FOR REVENUE
2. GP FOR IRRI AND CAD
3.
GP FOR FINANCE PLANNING The Court made the following:
3 VS,J W.P.No.19633 of 2025
ORDER:
The petitioner was awarded with the execution of works under the Irrigation department in Guntur District. After execution of the said works, a final bill was prepared for a sum of Rs.7,38,056/- as per the sanctioned orders confirming the same, respondents also issued quality control certificate to a tune of Rs.7,38,056/-. 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, stating 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 amount payable to the petitioner
4 VS,J W.P.No.19633 of 2025
as per the quality control certificate dated 28.02.2025 filed by the petitioner to a tune of Rs.7,38,056/-.
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 admitted amount to the petitioner in accordance with the quality control certificate dated 28.02.2025 issued by the respondents within a period of two (02) months from the date of receipt of a copy of this order. There shall be no
order as to costs.
6. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ______________________
JUSTICE V.SUJATHA
Dt:14.08.2025 KGR