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2025 DAILYLAW 29155 (AP)

B.Sravan Kumar v. THE STATE OF ANDHRA PRADESH

WP/21422/2025 · 2025-09-02

V Sujatha

body2025

Judgment text

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APHC010417632025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY,THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 21422/2025 Between: 1. B.SRAVAN KUMAR, , S/O. B. VENKATA SUBBA REDDY, AGED 32 YEARS, H.NO. 13-163, NH ROAD, PANYAM PANYAM BUS STAND, KURNOOL, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FINANCE AND PLANNING SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT 2. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS SECRETARY IRRIGATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 3. THE SUPERINTENDENT ENGINEER IRRIGATION CIRCLE, , SRBC CIRCLE NO.2, NANDYAL, KURNOOL DISTRICT. 4. THE EXECUTIVE ENGINEER, , SRBC DIVISION NO.2, PANYAM, KURNOOL DISTRICT. 5. THE DEPUTY EXECUTIVE ENGINEER, SRBC SUB-DIVISION NO.4, PANYAM, KURNOOL DISTRICT. 6. THE PAY AND ACCOUNTS OFFICER, WORKS AND PROJECTS, NANDYAL, KURNOOL DISTRICT. ...RESPONDENT(S): 2 VS,J W.P.No.21422 of 2025 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 a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents in withhold payment of bill amounts Rs. 10,00,000/- for the construction work done under Agreement No. 03/2018-19, dated 14.12.2018 at Km 0.865 of GNSS Flood Flow Canal near Sugalimetta Village, Panyam Mandal, as bad, illegal, arbitrary. and is in violation of Article 21 of the Constitution of India and to consequently direct the Respondents to pay the bill amount of Rs. 10,00,000/- (along with interest of 6PER) to the petitioner, 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 pay the bill amount of Rs. 10,00,000/-, for the construction work done under Agreement No. 03/2018-19, dated 14.12.2018 at Km 0.865 of GNSS Flood Flow Canal near Sugalimetta Village, Panyam Mandal to the petitioner, pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. MALLIDI ARUNA SRI SATYA Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD 2. GP FOR FINANCE PLANNING The Court made the following: 3 VS,J W.P.No.21422 of 2025 THE HONOURABLE Smt. JUSTICE V.SUJATHA WRIT PETITION NO:21422 OF 2025 ORDER: 1. 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.10,00,000/- as per the sanctioned orders confirming the same, respondents also issued quality control certificate to a tune of Rs.7,43,992/-. 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, stated that, since the budget was not released by the Government, the bills were not paid to the petitioner. Soon after release 4 VS,J W.P.No.21422 of 2025 of the budget by the Government, the bills will be paid to the petitioner, however, admitted the amount payable to the petitioner as per the quality control certificate dated 01.03.2019 filed by the petitioner to a tune of Rs.7,43,992/-. 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 01.03.2019 issued by the respondents within a period of two (02) months from the date of receipt of a copy of this order. No costs. 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. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ____________________ JUSTICE V.SUJATHA Dt.03.09.2025 JLV