APHC010429802025 IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY, THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 22255/2025 Between: 1. LOTUS CONSTRUCTIONS, REP.BY ITS MANAGING PARTNER, P.VIJAYA BHASKAR REDDY, S/O SANKAR REDDY, AGED 55 YEARS. DOOR NO. 16 NELLORE, NELLORE DISTRICT. 1. THE STATE OF AP, REPRESENTED BY SECRETARY, DEPARTMENT OF IRRIGATION AND WATER RESOURCES SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING SECRETARIAT BUILDINGS, VELAGAPUDI, A DISTRICT. 3. THE EXECUTIVE ENGINEER, IRRIGATION SUB ONGOLE, PRAKASAM DISTRICT. 4. THE DEPUTY EXECUTIVE ENGINEER, IRRIGATION SUB PODILI, PRAKASAM DISTRICT. 5. THE ASSISTANT EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, IRRIGATION SECTION, ADDANKI. BAPATIA DISTRICT. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 22255/2025 LOTUS CONSTRUCTIONS, REP.BY ITS MANAGING PARTNER, P.VIJAYA BHASKAR REDDY, S/O SANKAR REDDY, AGED 55 YEARS. DOOR NO. 16-12-105, FLAT NO G1 HARINADHAPURAM, NELLORE, NELLORE DISTRICT. ...PETITIONER AND THE STATE OF AP, REPRESENTED BY ITS. PRINCIPAL SECRETARY, DEPARTMENT OF IRRIGATION AND WATER RESOURCES SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR THE EXECUTIVE ENGINEER, IRRIGATION SUB ONGOLE, PRAKASAM DISTRICT. THE DEPUTY EXECUTIVE ENGINEER, IRRIGATION SUB PODILI, PRAKASAM DISTRICT. THE ASSISTANT EXECUTIVE ENGINEER, WATER RESOURCES ARTMENT, IRRIGATION SECTION, ADDANKI. BAPATIA ...RESPONDENT(S): IN THE HIGH COURT OF ANDHRA PRADESH [3333] THE SEVENTEENTH DAY OF SEPTEMBER THE HONOURABLE SMT JUSTICE V.SUJATHA LOTUS CONSTRUCTIONS, REP.BY ITS MANAGING PARTNER, P.VIJAYA BHASKAR REDDY, S/O SANKAR REDDY, AGED 55 105, FLAT NO G1 HARINADHAPURAM, ...PETITIONER ITS. PRINCIPAL SECRETARY, DEPARTMENT OF IRRIGATION AND WATER RESOURCES SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING MARAVATI, GUNTUR THE EXECUTIVE ENGINEER, IRRIGATION SUB-DIVISION, THE DEPUTY EXECUTIVE ENGINEER, IRRIGATION SUB-DIVISION, THE ASSISTANT EXECUTIVE ENGINEER, WATER RESOURCES ARTMENT, IRRIGATION SECTION, ADDANKI. BAPATIA ...RESPONDENT(S): 2 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 inaction of the respondents in paying the bill amount Rs. 19,22,544/- in pursuance of work Repair, Renovation and Restoration of Alavalapadu tank near Alavalapadu Village, J.Panguluru Mandal in Prakasam District in Prakasam District under the program of Har Khet Ko Pani-RRR Programme as illegal, arbitrary and against the principles of natural justice and violation of Article 14 of the Constitution of India and to direct the respondents to pay the bill amount of Rs. 19,22,544/- to the petitioner pertaining to the said work along with interest @ 24 PERCENT per annum from the date of submission of the Bill by the Petitioner i.e., from 30.08.2022 till the date of actual payment 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 release and pay the bill amount of Rs. 19,22.544/- to the Petitioner pertaining to the “Repair, Renovation and Restoration of Alavalapadu tank Alavalapadu Village, J.Panguluru Mandal in Prakasam District under the near program of “Har Khet Ko Pani-RRR Programme” as per the administrative sanctions of the Respondent No. 1 dated 29.12.2020 and to pass Counsel for the Petitioner: 1. SOURI BABU DUPPATI Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD 2. GP FOR FINANCE PLANNING 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, order or direction more particularly one in the nature of Writ of Mandamus, declaring the inaction of the respondents in paying the bill amount Rs.19,22,544/- in pursuance of work “Repair, Renovation and Restoration of Alavalapadu tank near Alavalapadu Village, J.Panguluru Mandal in Prakasam District” in Prakasam District under the program of “Har Khet Ko Pani-RRR Programme” as illegal, arbitrary and against the principles of natural justice and violation of Article 14 of the Constitution of India and to direct the respondents to pay the bill amount of Rs.19,22,544/- to the petitioner pertaining to the said work along with interest @ 24% per annum from the date of submission of the Bill by the Petitioner i.e., from 30.08.2022 till the date of actual payment and to pass such other order or orders ….” 2. The petitioner had been awarded the contract of work(s) by the Irrigation Department. After execution of the said contract, the respondents also issued quality control certificate to a tune of Rs.19,22,545/-. 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. 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. 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 5. On the other hand, learned Government Pleader for Irrigation, on oral instructions, states 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 amount payable to the petitioner as per the quality control certificate filed by the petitioner to a tune of Rs.19,22,545/-. 6. In view of the facts and circumstances of the case, 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 15.09.2022 issued by the respondents within a period of three (3) months from the date of receipt of a copy of this order. 7. 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. __________________ JUSTICE V.SUJATHA Dated: 17.09.2025 MDP