APHC010411112025 IN THE HIGH COURT OF ANDHRA PRADESH ' AT AMARAVATI (Special Original Jurisdiction) yi MONDAY, THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE ^ PRESENT THE HONOURABLE SMT. JUSTICE V.SUJATHA ^ WRIT PETITION NO: 21083 OF 2Q2fi /■ Between: Shaik Jani, S/o.Syaida Saheb, aged about 47 years, R/o.D.No.8-22-57, 2nd Lane, Sitarama Nagar, Guntur, Guntur District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Water Secretariat Buildings, Velagapudi Village, Resources Department, TullurMandal Guntur District. 2. TheStateofAndhraPradesh, Rep. by its Principal Secretary, Finance and Planning Department, Secretariat Buildings, Velagapudi Village Tullur Mandal, Guntur District. 3. The Collector, Kakinada, Kakinada District. 4. The Executive Engineer, Ramachandrapuram, Konaseema District at Amalapuram. 5. The Deputy Executive Engineer, Water Resources Sub-Division, Kakinada, Kakinada District. 6. The Assistant Executive Engineer, Water Resources Section, Kakinada, Kakinada-District. 7. The Executive Engineer, Water Resources Department, Quality Control Division, Dowleswaram East Godavari District. Godavari Eastern Division ...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 a Writ, Order or Orders more particularly one in the nature of Writ of Mandamus declaring the action of Respondents in not paying the admitted LS-I and Part Bill for a net amount of Rs.21,55,286/-, after deduction of an amount of Rs. 88,808/- out of the gross amount of Rs. 22,44,094/-, in respect of the Agreement No: 106/2023-24, dated 11.03.2024, for the execution of the work of Desilting of Samalkota canal in between km 45.300 " to 48.900 in Samalkot Mandal of Kakinada District, being illegal, arbitrary and violation of Article 14, 19(1)g and 21 of the Constitution of India and consequently direct the Respondents to pay the LS-I and Part Bill for a net amount of Rs.21,55,286/-, after deduction of an amount of Rs. 88,808/- out of the gross amount of Rs. 22,44,094/-, in respect of the Agreement No. 106/2023-24, dated 11.03.2024, for the execution of the work of Desilting of Samalkota canal in between km 45.300 to 48.900 in Samalkot Mandal of Kakinada District. r lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondents to pay the LS-I and Part Bill for a net amount of Rs.21,55,286/-, after deduction of an amount of Rs. 88,808/- out of the gross amount of Rs. 22,44,094/-, in respect of the Agreement No. 106/2023-24, dated 11.03.2024, for the execution of the work of Desilting of Samalkota canal in between km 45.300 to 48.900 in Samalkot Mandal of Kakinada District, pending disposal of the above writ petition. Counsel for the Petitioner: SRI MADHAVA RAO NALLURI Counsel for the Respondent Nos.1, 3 to 7 : GP FOR IRRIGATION & COMMAND AREA DEVELOPMENT Counsel for the Respondent No.2 : GP FOR FINANCE ANDPLANNING The Court made the following order: APHC010411112025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0>:s [3333] r r-y MONDAY. THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 21083/2025 Between: 1.SHAIK JANI, S/O.SYAIDA SAHEB, AGED ABOUT 47 YEARS, R/O.D.NO.8-22-57, 2ND LANE, SITARAMA NAGAR, GUNTUR. GUNTUR DISTRICT ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, WATER RESOURCES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI VILLAGE, TULLUR MANDAL GUNTUR DISTRICT. 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI VILLAGE TULLUR MANDAL, GUNTUR DISTRICT. 3.THE COLLECTOR, KAKINADA, KAKINADA DISTRICT. 4.THE EXECUTIVE ENGINEER. GODAVARI EASTERN DIVISION, RAMACHANDRAPURAM, AMALAPURAM. KONASEEMA DISTRICT AT 5.THE DEPUTY EXECUTIVE ENGINEER, WATER RESOURCES SUB DIVISION, KAKINADA, KAKINADA DISTRICT. 6.THE ASSISTANT EXECUTIVE ENGINEER. WATER RESOURCES SECTION. KAKINADA, KAKINADA DISTRICT. 2 7.THE EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, QUALITY CONTROL DIVISION, DOWLESWARAM EAST GODAVARI 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 tomay be pleased to issue a Writ, Order or Orders more particularly one in the nature of Writ of Mandamus declaring the action of Respondents in not paying the admitted LS-I and Part Bill for a net amount of Rs.21,55,286/-, after deduction of an amount of Rs. 88,808/- out of the gross amount of Rs. 22,44,094/-, in respect of the Agreement No. 106/2023-24, dated 11.03.2024, for the execution of the work of Desilting of Samalkota canal in between km 45.300 to 48.900 in Samalkot Mandal of Kakinada District, being illegal, arbitrary and violation of Article 14, 19(1)g and 21 of the Constitution of India and consequently direct the Respondents to pay the LS-I and Part Bill for a net amount of Rs.21,55,286/-, after deduction of an amount of Rs. 88,808/- out of the gross amount of Rs. 22,44,094/-, in respect of the Agreement No. 106/2023-24, dated 11.03.2024, for the execution of the work of Desilting of Samalkota canal in between km 45.300 to 48.900 in Samalkot Mandal of Kakinada District, and pass such 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 may be pleased to direct the Respondents to pay the LS-I and Part Bill for a net amount of Rs.21,55,286/-, after deduction of an amount of Rs. 88,808/- out of the gross amount of Rs. 22,44,094/-, in respect of the Agreement No. 106/2023-24, dated 11.03.2024, for the execution of the work of Desilting of Samalkota canal in between km 45.300 to 48.900 in Samalkot Mandal of Kakinada District, pending disposal of the above writ petition and pass such Counsel for the Petitioner: 1.MADHAVA RAO NALLURI Counsel for the Respondent(S): 1.GP FOR IRRIGATION COMM AREA DEV 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 part bill was prepared for a sum of Rs.21,55,286/-, as per the sanctioned orders. Confirming the same, respondents also issued quality control certificate to a tune of Rs.21,63,956/-. 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. 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. 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. 4 4 amount payable to the petitioner as per the quality control certificate filed by the petitioner to a tune of Rs.21,63,956/-. 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 amount to the petitioner in accordance with the quality control certificate dated 20.09.2024 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 amount which is 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 Principal Secretary, Water Resources Department, State of Andhra Pradesh, Secretariat Buildihgs, Velagapudi Mandal Guntur District. 2. The Principal Secretary, Finance Andhra Pradesh, Secretariat Buildings, Velagapudi Village Tullur Mandal, Guntur District. 3. The Collector, Kakinada, Kakinada District. Village, Tullur and Planning Department, State of 4 4. The Executive Engineer, Godavari Eastern Division, Ramachandrapuram, Konaseema District at Amalapuram. 5. The Deputy Executive Engineer, Water Resources Sub-Division, Kakinada, Kakinada District. 6. The Assistant Executive Engineer, Water Resources Section, Kakinada, Kakinada District. 7. The Executive Engineer, Water Resources Department, Quality Control Division, Dowleswaram East Godavari District. . / 8. One CC to Sri Madhava Rao Nalluri, Advocate [OPUC] 9. Two CCs to GP for Irrigation & Command Area Development High Court of Andhra Pradesh [OUT] lO.Two CCs to GP for Finance and Planning, High Court of Andhra Pradesh [OUT] 11.Two CD Copies / Cnr HIGH COURT DATED:08/09/2025 ORDER WP NO. 21083 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS