APHC010423172024 IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY, TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 23397/2024 Between: 1. SHAIK MOHAMMED FAROOQ, S/O SHAIK BAHSEER SAB, AGED ABOUT YEARS, OCC. CONTRACTOR, R/O H.NO, 1 A.GANDLAPENTA MANDAL, ANANTHAPURAMU DISTRICT. 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. A P STATE COOPERATIVE RURAL IRRIGATION CORPORATION, REP. BY ITS EXECUTIVE ENGINEER ANANTAPURAMU. 3. THE ASSISTANT ENGINEER, A.P. STATE CO IRRIGATION CORPORATIO 4. THE DISTRICT COLLECTOR, ANANTHAPURAMU DISTRICT, ANANTHAPUR. 5. A P STATE MINORITY CORPORATION, REP BY ITS SECRETARY, MINORITY ED OFFICE, BESIDE COLLECTOR AND 5 ARE IMPLEADED AS PER THE COURT'S ORDER DT.18.03.2025 IN I.A.NO. 02 OF 2024. 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 an appropriate Writ, Order or Direction, more particularly one in th inaction of the respondent No. 2 herein in taking steps to pay the bills IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 23397/2024 SHAIK MOHAMMED FAROOQ, S/O SHAIK BAHSEER SAB, AGED ABOUT YEARS, OCC. CONTRACTOR, R/O H.NO, 1 A.GANDLAPENTA MANDAL, ANANTHAPURAMU DISTRICT. ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL IRRIGATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. A P STATE COOPERATIVE RURAL IRRIGATION CORPORATION, REP. BY ITS EXECUTIVE ENGINEER ANANTAPURAMU. THE ASSISTANT ENGINEER, A.P. STATE CO IRRIGATION CORPORATION ANANTHAPURAMU. THE DISTRICT COLLECTOR, ANANTHAPURAMU DISTRICT, A P STATE MINORITY CORPORATION, REP BY ITS SECRETARY, MINORITY ED OFFICE, BESIDE COLLECTOR OFFICE, ANANTHAPURAM DISTRICT. RR 4 AND 5 ARE IMPLEADED AS PER THE COURT'S ORDER DT.18.03.2025 IN I.A.NO. 02 OF 2024. ...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 an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the inaction of the respondent No. 2 herein in taking steps to pay the bills IN THE HIGH COURT OF ANDHRA PRADESH [3333] TENTH DAY OF SEPTEMBER THE HONOURABLE SMT JUSTICE V.SUJATHA SHAIK MOHAMMED FAROOQ, S/O SHAIK BAHSEER SAB, AGED ABOUT YEARS, OCC. CONTRACTOR, R/O H.NO, 1-72, A.GANDLAPENTA MANDAL, ANANTHAPURAMU DISTRICT. ...PETITIONER THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL IRRIGATION DEPARTMENT, SECRETARIAT, A P STATE COOPERATIVE RURAL IRRIGATION CORPORATION, REP. BY ITS EXECUTIVE ENGINEER ANANTAPURAMU. THE ASSISTANT ENGINEER, A.P. STATE CO-OP. RURAL THE DISTRICT COLLECTOR, ANANTHAPURAMU DISTRICT, A P STATE MINORITY CORPORATION, REP BY ITS SECRETARY, MINORITY ED OFFICE, OFFICE, ANANTHAPURAM DISTRICT. RR 4 AND 5 ARE IMPLEADED AS PER THE COURT'S ORDER ...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 an appropriate Writ, Order or Direction, e nature of Writ of Mandamus, declaring the inaction of the respondent No. 2 herein in taking steps to pay the bills 2 pertaining to the contract work of Construction of Compound Wall to Rahamaniya Masjid at Rekkhamanu village h/o Kurumamidi of Gandlapenta Mandal, Kadiri Constituency, Ananthapuramu District, pursuant to the Agreement No.EE/RIC/AGRT/42/08/2018-19 dt. 28-12-2018, inspite of completion of the said work and submitting the written representation dt. 1-9- 2024, as being illegal, arbitrary, unjust and unconstitutional and consequently direct the 2nd respondent to pay the bills to the petitioners pertaining to the above mentioned works, and to grant 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 may be pleased to direct the Respondent No. 2 herein to consider and take appropriate action pursuant to the representation dt. 1.9.2024, pending disposal of the main Writ Petition, and to pass IA NO: 2 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 pleased to permit me to implead the proposed respondents herein as party respondent Nos. 4 and 5 herein in the above W.P.No. 23397 of 2024 Counsel for the Petitioner: 1. V BABY RANI Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD 2. SHAIK KHAJA BASHA 3. K NARSI REDDY 3 The Court made the following Order: The petitioner is a Civil Contractor and as such, the 2nd respondent accepted the tender submitted by the petitioner and accordingly entered into agreement on 28.12.2018 vide agreement No.EE/RIC/AGRT/42/08/2018. Pursuant to which, the petitioner has completed the said work and the 2nd respondent accorded technical sanction of Rs.4,97,000/- for the purpose of construction of compound wall to Rahamaniya Masjid at Rekkhamanu Village h/o Kurumamidi of Gandlapenta Mandal, Kadiri Constituency, Ananthapuramu District. The grievance of the petitioner is that, in spite of completion of the above said works, the respondent authorities have not paid an amount of Rs.4,97,000/- in favour of the petitioner. Challenging which, the present writ petition was filed. 2. Heard learned counsel for the petitioner and the learned Assistant Government Pleader for Irrigation & Sri K.Divakara Reddy learned counsel appearing on behalf of Sri K.Narsi Reddy, learned Standing Counsel representing the respondents. 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 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. 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. Sri K.Divakara Reddy learned counsel representing Sri K.Narsi Reddy, learned Standing Counsel for the 2nd respondent stated that the above said bill amount was not paid to the petitioner due to updation of the server and the respondents are now, ready to pay the same. 6. In view of the same, this Writ Petition is disposed of with a direction to the respondent Nos.2 & 5 to pay the admitted bill amount of Rs.4,97,000/- payable to the petitioner, as expeditiously as possible, preferably, within a period of two (2) months from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________ JUSTICE V.SUJATHA Dated: 10.09.2025 MDP