APHC010440082025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY, THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 22835/2025 Between: 1. SRI. EDARA SAI RAM, , S/O.EDARASESHIAH, AGE 45 YEARS, D.N0.6-26,BEZAWADAVARIPALEM(V) , LINGAMGUNTA (POST),MADDIPADU(M), PRAKASAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF IRRIGATION, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR. 2. THE EXECUTIVE ENGINEER, DRAINAGE .DIVISION,CHIRALA PRAKASAM DISTRICT. 3. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT ...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 to issue an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding thepayments of pending amounts of Rs.10,05,032/- (Ten Lakhs, Five Thousand Thirty Two only) even after finalizing the bills payable to the petitioner in relation to the works i.e.0and M- Removal of Jammu in S 2 VS,J W.P.No.22835 of 2025 No.998,From Km.0.000 to Km.2.500,in Uppugunduru(V) Naguluppalapadu (m) prakasam district , Agreement no.16DN/2024- 25,Date19.07.2024(Rs.5,21,641/-) .II.O and M Removal of Jammu in combined course of mattiguntavagu and Narayana vagu from Km.0.000 to 2.600 in uppugunduru (V) naguluppalapadu (M) Prakasam District Agrement no.15DN/2024-25,Date19-07-2024(Rs.4,83,391/-) 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 to forthwith consider releasing the amounts Rs.10,05,032/- (Ten Lakhs, Five Thousand Thirty Two only) payable to the petitioner herein, pending disposal of the writ petition and pass Counsel for the Petitioner: 1. DEVASRI ROSHAN KANCHARLA 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.22835 of 2025 ORDER: The present writ petition came to be filed under Article 226 of the Constitution of India seeking the following relief: “…to issue an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the payments of pending amounts of Rs.10,05,032/- (Ten Lakhs, Five Thousand Thirty Two only) even after finalizing the bills payable to the petitioner in relation to the works i.e.”O&M- Removal of Jammu in S No.998, From Km.0.000 to Km.2.500, in Uppugunduru(V) Naguluppalapadu (m), Prakasam district, vide Agreement No.16DN/2024- 25, Date19.07.2024(Rs.5,21,641/-) .II) O&M Removal of Jammu in combined course of mattiguntavagu and Narayana vagu from Km.0.000 to 2.600 in Uppugunduru (V) Naguluppalapadu (M) Prakasam District, vide Agreement No.15DN/2024-25,Date19-07-2024(Rs.4,83,391/-) ….” 2. The petitioner had been awarded the contract of works i.e., 1) O&M- Removal of Jammu in S No.998, From Km.0.000 to Km.2.500, in Uppugunduru(V) Naguluppalapadu (m), Prakasam district, vide Agreement No.16DN/2024-25, dated 19.07.2024 and 2) O&M Removal of Jammu in combined course of mattiguntavagu and Narayana vagu from Km.0.000 to 2.600 in Uppugunduru (V) Naguluppalapadu (M) Prakasam District, vide Agreement No.15DN/2024-25, dated 19.07.2024 by the respondents. After execution of the aforementioned contract work, the respondents issued two quality control certificates dated 08.01.2025 for a sum of Rs.4,09,244/- and Rs.4,41,627/- respectively. 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. 4 VS,J W.P.No.22835 of 2025 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 08.01.2025 is Rs.4,09,244/- and Rs.4,41,627/- respectively. 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 bills will be paid to the petitioner. 6. Learned counsel for the petitioner agreed for payment of final bill as per the quality control certificate 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 direction to the respondents to release the amount to the petitioner in 5 VS,J W.P.No.22835 of 2025 accordance with the quality control certificates dated 08.01.2025 for a sum of Rs.4,09,244/- and Rs.4,41,627/- respectively, issued by the respondents, within a period of two (2) 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: 08.09.2025 KGR