APHC010388392024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY,THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 19955/2024 Between: 1. K.S. SHAIK SHAVALI REDDY,, S/O.K RAMACHANDRA REDDY, AGED ABOUT 60 YEARS, OCC CONTRACTOR, R/O.28/774, B3, NGO COLONY, NANDYAL, NANDYAL DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIEF SECRETARY, DEPARTMENT OF IRRIGATION (WATER RESOURCES DEPARTMENT), SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, 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. THE CHIEF ENGINEER, WATER RESOURCES DEPARTMENT (WRD), VIJAYAWADA, NTR DISTRICT. 4. THE SUPERINTENDENT ENGINEER, IRRIGATION CIRCLE, KUMOOL, KUMOOL DISTRICT. 5. THE EXECUTIVE ENGINEER, K C CANAL DIVISION, NANDYAL, KUMOOL DISTRICT, 6. THE DEPUTY EXECUTIVE ENGINEER, K C CANAL (LOC) SUB DIVISION, ALLAGADDA, KURNOOL DISTRICT VS,J W.P No.19955 of 2024 2 7. THE CHIEF EXECUTIVE OFFICER, AP CFMS OFFICE, 6TH FLOOR, C-BLOCK, ANJANEYA TOWERS, IBRAHIMPATNAM, IWSHNA 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 releasing the payment of balance amount of Rs.8,17,738/- vide M Book No. 6455 ALA (A), even after finalizing the bills, payable to the petitioner in relation to the works i.e., Providing culverts crossing R.Janibuladinne distributory of Peddayammanur supply channel, vide Agreement No. 356/2023-24, dated 20.07.2023 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to consider for payment of amounts of Rs.8,17,738/- vide M Book No. 6455 ALA (A) with interest @24percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith IA NO: 1 OF 2024 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 please to direct the respondents to consider for payment of amount of Rs.8,17,738/- vide M Book No. 6455 ALA (A) with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works i.e. Providing culverts crossing R.Jambuladinne distributory of Peddayammanur supply channel, vide Agreement No. 356/2023-24, dated 20.07.2023, forthwith, pending disposal of the Writ Petition Counsel for the Petitioner: 1. BATHALA RAMESH Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD 2. GP FOR FINANCE PLANNING VS,J W.P No.19955 of 2024 3 The Court made the following: ORDER: The present writ petition came to be filed under Article 226 of the Constitution of India seeking the following relief: “…to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents not releasing the payment of balance amount of Rs.8,17,738/- vide M Book No. 6455 ALA (A), even after finalizing the bills, payable to the petitioner in relation to the works i.e., Providing culverts crossing R.Jambuladinne distributory of Peddayammanur supply channel, vide Agreement No. 356/2023-24, dated 20.07.2023 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to consider for payment of amounts of Rs.8,17,738/- vide M Book No. 6455 ALA (A) with interest @24% per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith….” 2. The petitioner had been awarded the contract of work i.e., providing culverts crossing R.Jambuladinne distributory of Peddayammanur supply channel, vide Agreement No.356/2023-24, dated 20.07.2023 by the 4th respondent. After execution of the aforementioned contract work, the respondents issued quality control certificate dated 05.08.2023 for a sum of Rs.8,37,977.25/-. 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 amount, 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. VS,J W.P No.19955 of 2024 4 4. 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. 5. 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 05.08.2023 for a sum of Rs.8,37,977.25/- 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. 6. Learned counsel for the petitioner agreed for payment of final bill as per the quality control certificate as stated by the learned Assistant Government Pleader. 7. 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 quality control certificate dated 05.08.2023 for a sum of Rs.8,37,977.25/-, issued by the respondents, within a period of two (2) months from the date of receipt of a copy of this order. VS,J W.P No.19955 of 2024 5 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. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending shall stand closed. ______________________ JUSTICE V.SUJATHA Date: 17.09.2025 KGR