APHC010433242025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY,THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 22648/2025 Between: 1. KOTAPATI PRABHAKAR, S/O MAIYADRI,AGED ABOUT 43 YEARS, OCC- CIVIL CONTRACTOR R/O D.NO. 7-19-160/76/2, VASANTHARAYAPURAM, GUNTUR ...PETITIONER AND 1. THE STATE OF AP, 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. THE DEPUTY EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, EASTERN SUB DIVISION, REPALLE 4. THE DEPUTY EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, EASTERN SUB DIVISION, REPALLE 5. THE DISTRICT TREASURY OFFICER, GUNTUR DISTRICT. 6. THE PAY AND ACCOUNTS OFFICER, GUNTUR. 2 VS,J W.P.NO.22648 OF 2025 ...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 topleased to 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.9,86,338/- (Nine lakhs eighty six thousand three hundred and thirty eight) which includes NAC GST payable to the petitioner for 3 works executed for 3rd by the petitioner under agreements Bearing No 30 KW/2024-25 (dated 19-07-2024), 31 KW /2024-25 (dated 19- 07-2024), and KW 32/2024-25 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.9,86,338/- (Nine lakhs eighty six thousand three hundred and thirty eight) which includes NAC and GST payable to petitioner for the above 3 works executed for 3rd respondent under the said agreements with an interest 12 percentage per annum and 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 herein to release the due amount of Rs.9,86,338/- (Nine lakhs eighty six thousand three hundred and thirty eight) which includes NAC and GST payable to the petitioner in relation to 3 works executed for 3rd respondent by the petitioner, under agreements Bearing No 30 KW/2024-25 (dated 19-07-2024), 31 KW /2024-25 (dated 19-07-2024), and 32 KW /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 FOR IRRI AND CAD 2. GP FOR FINANCE PLANNING The Court made the following: 3 VS,J W.P.NO.22648 OF 2025 ORDER:- This writ petition is 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.9,86,338/- (Nine lakhs eighty six thousand three hundred and thirty eight) which includes NAC and GST payable to the petitioner for 3 works executed for 3rd by the petitioner under agreements Bearing No 30 KW/2024-25 (dated 19-07-2024), 31 KW /2024-25 (dated 19-07-2024), and KW 32/2024-25 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.9,86,338/- (Nine lakhs eighty six thousand three hundred and thirty eight) which includes NAC and GST payable to petitioner for the above 3 works executed for 3rd respondent under the said agreements with an interest 12% per annum and pass....” 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 certificates to a tune of Rs.3,29,595/-, Rs.3,48,260/-, Rs.1,57,190/- respectively. As the payment of the said amounts have 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 VS,J W.P.NO.22648 OF 2025 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. On the other hand, learned Government Pleader placed oral instructions stated 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 certificates filed by the petitioner to a tune of Rs.3,29,595/-, Rs.3,48,260/-, Rs.1,57,190/- respectively. 6. 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 certificates dated 28.02.2025, 17.03.2025 issued by the respondents within a period of two (02) months from the date of receipt of a copy of this order. No costs. 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. 5 VS,J W.P.NO.22648 OF 2025 Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ____________________ JUSTICE V.SUJATHA Date :15.09.2025 LSP 6 VS,J W.P.NO.22648 OF 2025 187 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 22648/2025 15.09.2025 LSP