APHC010389362025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 4 o MONDAY,THE EIGHTH DAY OF SEPTEMBER K TWO THOUSAND AND TWENTY FIVE / , PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 20090 OF 2025 ^ Between: B. V. V. Rama Subbarao, S/o. Suryanarayana, Aged about 42 years, R/o. D.N0.1-156/B, Near Kanakadurga Temple, Razole, East Godavari District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep by its Principle Secretary to Government, Irrigation and CAD Water Resources Department Secretariat Buildings, A.P. Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The State of Andhra Pradesh, rep. By its Principal Secretary, Finance Department, Secretariat Buildings District 3. The District Collector, (Irrigation wing) Dr. B R Ambedkar Kona Seema District. 4. The Engineer in Velagapudi, Amaravati, Guntur Chief, Minor and Major Irrigation Department, Government of Andhra Pradesh, Irrigation Bhavan, Vijayawada, NTR District. 5. The Superintending Engineer, Irrigation AND Water Resources Department, Dowlaiswaram, East Godavari District. 6. The Executive Engineer, Irrigation AND Water, Resources Department, Godavari Head Works Division Dowlaiswaram, East Godavari District. 9 7.^The Commissioner, Command Development Authority (CAD) Rpsources Department, Government of Andhra Pradesh, Vijayawada NtR District. t. The Director of works and Account Officer, Guntur District. 9. The Pay and Account Officer, Dowileswaram, East Godavari District. Water . .4 Nidhi Bhavan, Mangalagiri, ...RESPONDENTS / 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 or any other appropriate writ or direction declaring the action of the respondents in not releasing the total final bills amount worth of Rs. 19,68,113/-, 1) Amount of Rs. 14,77,928/- vide Precautions in VLB Agreement No. 3D/2024-25, for which the work Food Lower section, Razole of Vasista Sub-Division Razole for the year 2024, 2) Amount Rs. 4,90,185/-, vide its Agreement No. 2D/2024-25, for which the work Flood Precaution to VLB form KM 0.000 to KM 47.600 Section, Gopalapuram of Vasista Sub-division, Razoie for the year ending 30.11.2024, with interest of execution and of VLB Upper completion of O AND M works under Irrigation department as per agreement, to the petitioner till today causing heavy loss with interest even though total work the agreement as illegal, arbitrary and violative of Article 14 and was completed as per 16 AND 21 of the Constitution of India and consequentially to direct the respondents releasing the final bills of total amount worth of Rs. 19,68,113/-for execution of completion of O AND M works under Irrigation Department to the petitioner forthwith. as per agreement. lA 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 releasing the Final Bills of total amount worth of Rs. 19,68,113/-, for execution of completion of O & M works under Irrigation Department as per agreement, to the petitioner forthwith, pending disposal of the above writ petition . r /■ Counsel for the Petitioner: SRI ANNAMNEEDI BALAKRISHNA Counsel for the Respondent Nos.1, 3 to 7: GP FOR IRRI AND CAD Counsel for the Respondent Nos.2,8 & 9:GP FOR FINANCE AND . PLANNING The Court made the following order; APHC010389362025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) EEB [3333] f MONDAY. THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 20090/2025 Between: 1. B VV RAMA SUBBARAO, , S/0. S U RYANARAYANA, AGED ABOUT 42 YEARS, R/0. D.NO. 1-156/B, NEAR KANAKADURGA TEMPLE, RAZOLE, EAST GODAVARI DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPLE SECRETARY TO GOVERNMENT IRRIGATION AND CAD WATER RESOURCES DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. SECRETARIAT BUILDINGS. A.P. 2.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY FINANCE VELAGAPUDI, DEPARTMENT, SECRETARIAT BUILDINGS, AMARAVATI, GUNTUR DISTRICT 3.THE DISTRICT COLLECTOR, (IRRIGATION WING) AMBEDKAR KONA SEEMA DISTRICT. DR. B R MINOR AND MAJOR IRRIGATION GOVERNMENT OF ANDHRA PRADESH, 4.THE ENGINEER INCHIEF DEPARTMENT, IRRIGATION BHAVAN, VIJAYAWADA, NTR DISTRICT. 5.THE SUPERINTENDING ENGINEER, IRRIGATION AND WATER RESOURCES DEPARTMENT, DOWLAISWARAM, EAST GODAVARI DISTRICT. 6.THE EXECUTIVE ENGINEER. IRRIGATION AND WATER. RESOURCES DEPARTMENT, GODAVARI HEAD WORKS DIVISION DOWLAISWARAM, EAST GODAVARI DISTRICT. 7.THE COMMISSIONER, COMMAND DEVELOPMENT AUTHORITY (CAD) WATER RESOURCES DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, VIJAYAWADA, NTR DISTRICT. 8.THE DIRECTOR OF WORKS AND ACCOUNT OFFICER, BHAVAN, MANGALAGIRI, GUNTUR DISTRICT. 9.THE PAY AND ACCOUNT OFFICER, DOWILESWARAM, GODAVARI DISTRICT. NIDHI EAST ...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 or any other appropriate writ or direction declaring the action of the respondents in not releasing the total final bills amount worth of Rs. 19,68,113/-, 1) Amount of Rs. 14,77,928/- vide Agreement No. 3D/2024-25, for which the work Food Precautions in VLB Lower section, Razole of Vasista Sub-Division, Razole for the year 2024, 2) Amount Rs. 4,90,185/-, vide its Agreement No. 2D/2024-25, for which the work Flood Precaution to VLB form KM 0.000 to KM 47.600 of VLB Upper Section, Gopalapuram of Vasista Sub-division, Razole for the ending 30.11.2024, with interest of execution and completion of O AND M works under Irrigation department as per agreement, to the petitioner till today and causing heavy loss with interest even though total work was completed as per the agreement as illegal, arbitrary and violative of Article 14, 16 AND 21 of the Constitution of India and consequentially to direct the respondents releasing the final bills of total amount worth of Rs. 19,68,113/- for execution of completion of O AND M works under Irrigation Department per agreement, to the petitioner forthwith, and pass year as lA 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 releasing the Final Bills of total amount worth of Rs. 19,68,113/-, for execution of completion of 0 & M works under Irrigation Department as per agreement, to the petitioner forthwith, pending disposal of the above writ petition and pass 3 Counsel for the Petitioner: 1.ANNAMNEEDI BALAKRISHNA Counsel for the Respondent{S): 1.GP FOR IRRI ANDCAD 2.GP FOR FINANCE PLANNING 1 4 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. 19,68,113/-, as per the sanctioned orders. Confirming the same, respondents also issued quality control certificates to a tune of Rs.13,30,736/- & Rs.4,14,996/-. As the payment of the said amounts has not been made by the respondents, the petitioner has approached this Court by way of this writ petition. 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 2. interference of this Court. This Court, in various orders, including the judgment of a learned 3. 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. On the other hand, learned Government Pleader, on oral instructions, submits that, since the budget was not released by the Government, the bills 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. were 5 amount payable to the petitioner as per the quality control certificates filed by the petitioner to a tune of Rs. 13,30,736/- & Rs.4,14,996/-. 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 16.12.2024 issued by the respondents within a period of three (03) 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. Sd/- K.J. RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principle Secretary to Government, Irrigation & CAD Water Resources Department, State of Andhra Pradesh, Secretariat Buildings, A.P. Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Principal Secretary Finance Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravati Guntur District Dr. B R Ambedkar Kona Seema 3. The District Collector, (Irrigation wing) District. ?• 4. The Engineer in Chief, Minor and Major Irrigation Department, Government of Andhra Pradesh, Irrigation Bhavan, Vijayawada, NTR District. 5. The Superintending Engineer, Irrigation AND Water Resources Department, Dowlaiswaram, East Godavari District. 6. The Executive Engineer, Irrigation AND Water, Resources Department, Godavari Head Works Division Dowlaiswaram, East Godavari District. 7. The Commissioner, Command Development Authority (CAD) Water Resources Department, Government of Andhra Pradesh, Vijayawada, NTR District. / 8. The Director of works and Account Officer, Nidhi Bhavan, Mangalagiri, Guntur District. 9. The Pay and Account Officer, Dowileswaram, East Godavari District. 10. One CC to Sri Annamneedi Balakrishna, Advocate [OPUC] 11. Two CCs to GP for Irrigation and CAD, High Court of Andhra Pradesh [OUT] 12. Two CCs to GP for Finance and Planning, High Court of Andhra Pradesh [OUT] 13. Two CD Copies. ssb % HIGH COURT DATED:08/09/2025 ORDER WP No. 20090 OF 2025 ^ 19 SEP 2025 )¥) L--A. /co f frentSectio SSifiS ★ DISPOSING OF THE W.P. WITHOUT COSTS