APHC010426662025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY. THE FOURTH DAY OF SEPTEMBE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION No: 22291 OF 2025 Between: Kotapati Prabhakar, S/o. Malyadri, Aged about 43 years, Occ: Civil Contractor R/o.D.No.7-19-160/76/2, Vasantharayapuram, Guntur. ...PETITIONER AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Water Resources Department, A.P Secretariat Buildings, Velagapudi, Guntur District. 2. The State of Andhra Pradesh, Represented by its Principal Secretary, Department of Finance and Planning, A.P.Secretariat Buildings, Velagapudi, Guntur District. 3. The Executive Engineer, Water Resources Department, K.W. Division, Tenali. 4. The Deputy Executive Engineer, Water Resources Department, Western Sub Division, Bapatla. 5. The District Treasury Officer, Guntur District. 6. The Pay and Accounts Officer, Guntur. ...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 or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in not paying the, admitted due bill amount of Rs. 11,82,117/- (Eleven lakhs eighty two thousand 9ne hundred and seventeen) which includes NA'C and GST payable to the petitioner for 4 works executed for respondent by the petitioner under agreements Bearing No 26 KW/2024-25 (dated 19- 07-2024), 27 KW/2024-25 (dated 19-07-2024), 28 KW/2024-25 (dated 19-07-2024) and 29 KW /2024-25 dated 19-07-2024 respectively, despite finalizing the bills as illegal, arbitrary, unconstitutional and consequently direct the respondents herein to immediately pay the due amount of Rs. 11,82,117/- (Eleven lakhs eighty two thousand one hundred and seventeen) which includes NAG and GST payable to,petitioner for the above 4 works executed for 3'^'^ respondent under the said agreements with an interest @12% per annum. 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 herein to release the due amount of Rs. 11,82,117/- (Eleven lakhs eighty two thousand one hundred and seventeen) which includes NAC and GST payable to the petitioner in relation to 4 works executed for 3'^'^ respondent by the petitioner, under agreements Bearing No 26 KW/2024-25 (dated 19-07-2024), 27 KW/2024-25 (dated 19-07-2024), 28 KW/2024-25 (dated 19-07-2024) and 29 KW/2024-25 dated 19-07-2024 respectively within a stipulated time frame. Counsel for the Petitioner: SRI SASANKA BHUVANAGIRI Counsel for the Respondent Nos.1, 3 & 4: GP FOR IRRIGATION AND COMMAND AREA DEVELOPMENT Counsel for the Respondent Nos.2, 5 & 6: GP FOR FINANCE & PLANNING The Court made the following APHC010426662025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] THURSDAY, THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 22291/2025 Between: 1.KOTAPATI PRABHAKAR, S/0 MAIYADRl, AGED ABOUT 43 YEARS, OCC CIVIL CONTRACTOR VASANTHARAYAPURAM, GUNTUR. R/0 D.NO. 7-19-160/76/2, ...PETITIONER AND 1.THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING A.P SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. WATER RESOURCESDEPARTMENT, A.P 3.THE EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, K. W DIVISION, TENALI. 4.THE DEPUTY EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, WESTERN SUB DIVISION, BAPATLA 5.THE DISTRICT TREASURY OFFICER, GUNTUR DISTRICT. 6.THE PAY AND ACCOUNTS OFFICER, GUNTUR. ...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 V^s.j V'/.P No.22291 of 2025 2 pleased to issue a writ clirection more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not paying the admitted due bill amount of Rs. 11.82,117/- (Eleven lakhs eighty two thousand one hundred and seventeen) which includes NAC and GST payable to the petitioner for 4 works executed for respondent by the petitioner under agreements Bearing No 26 KW/2024-25 (dated 19- 25 (dated 19-07-2024), 28 KW/2024-25 /2024-25 dated 19-07-2024 i arbitrary, unconstitutional and 07-2024), 27 KW /2024- (dated 19-07-2024) and 29 KW respectively, despite finalizing the bills as illegal, immoriiot I .u ^ ' consequently direct the respondents herein to mmediately pay the due amount of Rs. 11,82,117/- (Eleven lakhs eighty two housand one hundred and seventeen) which includes NAC and GST payable o petitioner for the above 4 works executed for 3rd respondent under the said agreements with an interest @12 PERCENT per annum and pass lA NO: 1 OF 207*^ Petition under Section 151 CPC in the affidavit filed i praying that in the circumstances stated Himr-t th may be pleased direct the respondents herein to release the due amount of Rs. 11 82 117/- (Eleven lakhs eighty two thousand one hundred and seventeen) includes NAC and GST payable to the i &TZtoZ Bearing No fwXl dt/H 27 KW /2024-25 (dated 19-07-2024), 28 KW/2024-25 (dated 19-07-2024) and ‘ to which petitioner in relation to 4 works rocr. +• I /2024-25 dated 19-07-2024 respectively within a stipulated time frame and pass Counsel for the Petitioner: 1.SASANKA BHUVANAGIRI Counsel for the Respondent(S): 1.GP FORIRRI AND CAD 2.GP FOR FINANCE PLANNING VS,J W.P No. .2.2291 of 2025 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 or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not paying the admitted due bill amount of Rs.11,82,117/- (Eleven Lakhs eighty two thousand one hundred and seventeen) which includes NAC and GST payable to the petitioner for 4 works executed for 3"'^ respondent by the petitioner under agreements Bearing No 26 KW/2024-25 (dated 19-07-2024), 27 KW/2024-25 (dated 19-07-2024), 28 KW/2024-25 (dated 19-07-2024) and 29 KW/2024-25 (dated 19-07-2024) respectively, despite finalizing the bills as illegal, arbitrary, unconstitutional and consequently direct the respondents herein to immediately pay the due amount of Rs.11,82,117/- (Eleven lakhs eighty two thousand one hundred and seventeen) which includes NAC and GST payable to the petitioner for the above 4 works executed for 3'^'^ respondent under the said agreements with an interest @ 12% per annum and pass such other order or orders ....” 2. The petitioner had been awarded the contract of works i.e., 1) O & M- Weed Removal Vetapalem branch from K.M.0.00 to K.M.9.800 and its branches; 2) O & M-Weed Removal Jagarlamudi channel from K.M.0.00 to K.M.13.900 and its branches; 3) O & M-Removal of weed growth to K.W. Bank canal from K.M.60.500 to K.M.65.500 and its branches and 4) O & M- Removal of weed growth to K.W. Bank canal from K.M.52.700 to 60.400 and its branches by the Water Resources Department. After execution of the aforementioned contract works, the respondents issued quality control certificates dated 17.03.2025 and 03.04.2025 for a sum of Rs.1,57,287/-, Rs.2,92,321/-, Rs.2,93,177/- and Rs.2,80,870/- respectively. As the payment \/S,^ W.P No. 22291 of 2025 ^ 4 Of the said amounts has not been made has approached this Court by way of this writ 3. It is the contention of the petitioner that by the respondents, the petitioner petition. even though the respondents admitted that the petitioner is entitled for payment of the aforesaid amount, no payment is being made. The sum of petitioner contends that such payment of money is clearly arbitrary and high-handed interference of this Court. non- requiring the 4. This Court, in various orders, including the judgment of Judge of this Court dated 05.10.2021 in W.P.No.10038 of 2021 and batch had taken the view that such a learned Single 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 instructions, submits that the admitted per the quality control certificates dated of Rs.1,57,287/-, Rs.2,92,321/- He further submits that si Government Pleader, on oral amounts payable to the petitioner as 17.03.2025 and 03.04.2025 are a sum Rs.2,93,177/- and Rs.2,80,870/- respectively. 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. Learned counsel for the petitioner agreed for payment of final bill the quality control certificates Pleader. 6. as per as stated by the learned Assistant Government 7. In V)ew of the facts and circumstances submitted in the affidavit, and the directions of this Court in various cases and after hearing the submissions of VSJ V\/.P No.22291 of 2025 5 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 17.03.2025 and of Rs.1,57,287/-, Rs.2,92,321/-, Rs.2,93,177/- and 03.04.2025 are a sum Rs.2,80,870/- respectively, issued by the respondents, within a period of two (02) months from the date of receipt of a copy of this order. 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. Sd/- T. SRINIVASA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary, Water Resources Departnnent, State of Andhra Secretariat Buildings, Velagapudi, Amaravati, Guntur District. Department of Finance & Planning, State of Secretariat Buildings, Velagapudi, Amaravati, Guntur Pradesh 2. The Principal Secretary Andhra Pradesh District. 3. The Executive Engineer Tenali. 4. The Deputy Executive Engineer Western Sub Division, Bapatia 5. The District Treasury Officer, Guntur District. Water Resources Department, K.W.Division Water Resources Department, 6. The Pay & Accounts Officer, Guntur. ' 7. One CC to Sri Sasanka Bhuvanagiri, Advocate [OPUC] 8. Two CCs to GP for Irrigation & Command Area Development, High Court of Andhra Pradesh [OUT] 9. Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh [OUT] lO.Two CD Copies. HIGH COURT DATED:04/09/2025 ORDER WP No.22291 OF 2025 5 n SEP 21® ^ Current Section .§ DISPOSING THE WRIT PETITION WITHOUT COSTS