APHC010435372025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY,THE SIXTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 22696/2025 Between: 1. K VENKATESWARA RAO, S/O. K. SAMBASIVA RAO, AGED 47 OCC CONTRACTOR, R/O. D.NO 1-13, PRESIDENT OF AYACUTDAR COMMITTEE, VALIVERU (V), TSUNDURU (M), BAPATIA DISTRICT, ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY, IRRIGATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DIST., 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY FINANCE PLANNING DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DIST., 3. THE ENGINEER IN CHIEF, IRRIGATION DEPARTMENT, AMARAVATHI, GUNTUR DIST. 4. THE DISTRICT COLLECTOR, CHIRALA, BAPATIA DIST, 5. THE SUPERINTENDENT ENGINEER, IRRIGATION CIRCLE, GUNTUR, GUNTUR DIST., 6. THE EXECUTIVE ENGINEER, DRAINAGE DIVISION, CHIRALA.., BAPATIA DIST ...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 2 pleased to issue order or orders, direction or directions. Writ or Writs particularly one in the nature Writ of Mandamus or any appropriate writ to declare the action of the respondents in not paying the bills for execution of works by the petitioner under 1) Agreement No.I8DN of 2024-25, dated 20.07.2024 2. Agreement No.20DN of 2024-25, dated 20-07-2024 3) Agreement No.22DN of 2024-25, dated 20-07-2024 and 4) Agreement No.23DN of 2024-25, dated 20-07-2024, in total an amount of Rs.36,47,740/- to the petitioner with 6 % interest till today from the date of completion of respective works as illegal, arbitrary violation of principles of natural justice and violative of Article 14, 19(i)g and 21 of the Constitution of India and consequently, direct the respondents to release the bills for the above completed works immediately with interest. 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 the amount of Rs.36,47,740/-/- towards payment of above final bills for the contract works under taken by the petitioner long back, pending disposal of main writ petition and to pass Counsel for the Petitioner: 1. K L N SWAMY Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR IRRI AND CAD 3. GP FOR FINANCE PLANNING The Court made the following: 3 ORDER: The present writ petition came to be filed under Article 226 of the Constitution of India seeking the following relief: “…to issue order or orders, direction or directions, Writ or Writs particularly one in the nature Writ of Mandamus or any appropriate writ to declare the action of the respondents in not paying the bills for execution of works by the petitioner under 1) Agreement No.18DN of 2024-25, dated 20.07.2024 2) Agreement No.20DN of 2024-25, dated 20-07-2024 3) Agreement No.22DN of 2024-25, dated 20-07-2024 and 4) Agreement No.23DN of 2024-25, dated 20-07-2024, in total an amount of Rs.36,47,740/- to the petitioner with 6 % interest till today from the date of completion of respective works as illegal, arbitrary violation of principles of natural justice and violative of Article 14, 19(i)g and 21 of the Constitution of India and consequently, direct the respondents to release the bills for the above completed works immediately with interest….” 2. The petitioner had been awarded contract of four works as per four agreements, dated 20.07.2024 by the 6th respondent. After execution of the aforementioned contract works, the respondents issued Quality Control Certificate i.e., dated 25.04.2025 for a sum of Rs.8,01,855/-, dated 01.05.2025 for a sum of Rs.11,11,701/-, dated 25.04.2025 for a sum of Rs.3,58,553/- and 01.05.2025 for a sum of Rs.8,15,459/-. As the payment of the said amounts has not been made by the respondents, the petitioner has approached this Court by way of this Writ Petition. 4 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 amount, 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. 5. On the other hand, learned Assistant Government Pleader on oral instructions, submits that the admitted amount payable to the petitioner as per the quality control certificates, dated 25.04.2025 for a sum of Rs.8,01,855/-, dated 01.05.2025 for a sum of Rs.11,11,701/-, dated 25.04.2025 for a sum of Rs.3,58,553/- and 01.05.2025 for a sum of Rs.8,15,459/-. He further submits 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 bill amounts will be paid to the petitioner. 6. Learned counsel for the petitioner agreed for payment of final bill as per the quality control certificates as stated by the learned Assistant Government Pleader. 7. 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 5 direction to the respondents to release the amounts to the petitioner in accordance with the quality control certificate, dated 25.04.2025 for a sum of Rs.8,01,855/-, dated 01.05.2025 for a sum of Rs.11,11,701/-, dated 25.04.2025 for a sum of Rs.3,58,553/- and 01.05.2025 for a sum of Rs.8,15,459/-, issued by the respondents, within a period of four (4) 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. ______________________ JUSTICE V.SUJATHA Date: 06.10.2025 ARB 6 HON’BLE SMT JUSTICE V.SUJATHA Writ Petition No.22696 of 2025 Date: 06.10.2025 ARB