APHC010445282024 IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY, TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 23627/2024 Between: 1. SUNKARA NAGESWARA RAO,, S/O S NARAYANA, AGED ABOUT 58 YEARS, OCC CONTRACTOR, D.NO.5/8, RAMAPURAM, PEAPULLY MANDAL, JAKKASANIKUNTLA, KURNOOL, ANDHRA PRADESH - 518221 1. THE STATE OF ANDHRA PRADESH, REP.BY PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP.BY PRINCIPAL SECRETARY, IRRIGATION AND WATER RESOURCES DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE EXECUTIVE ENGINEER, IRRIGATION AND WATER RESOURCES DEPARTMENT, M L. WORKS DIVISION, KURNOOL, KURNOOL DISTRICT 4. THE DEPUTY EXECUTIVE ENGINEER, IRRIGATION AND WATER RESOURCES DEPARTMENT, M.L. WORKS SUB KURNOOL DISTRICT. 5. THE ASSISTANT EXECUTIVE ENGINEER, IRRIGATION AND WATER RESOURCES DEPARTMENT, M L. WORKS DIVISION, KURNOOL, KURNOOL DISTRICT. 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 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 23627/2024 SUNKARA NAGESWARA RAO,, S/O S NARAYANA, AGED ABOUT 58 YEARS, OCC CONTRACTOR, D.NO.5/8, RAMAPURAM, PEAPULLY MANDAL, JAKKASANIKUNTLA, KURNOOL, ANDHRA 518221 ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP.BY PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. THE STATE OF ANDHRA PRADESH, REP.BY PRINCIPAL SECRETARY, IRRIGATION AND WATER RESOURCES DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. EXECUTIVE ENGINEER, IRRIGATION AND WATER RESOURCES DEPARTMENT, M L. WORKS DIVISION, KURNOOL, KURNOOL DISTRICT THE DEPUTY EXECUTIVE ENGINEER, IRRIGATION AND WATER RESOURCES DEPARTMENT, M.L. WORKS SUB-DIVISION, DHONE, KURNOOL DISTRICT. ANT EXECUTIVE ENGINEER, IRRIGATION AND WATER RESOURCES DEPARTMENT, M L. WORKS DIVISION, KURNOOL, KURNOOL 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 IN THE HIGH COURT OF ANDHRA PRADESH [3333] TENTH DAY OF SEPTEMBER THE HONOURABLE SMT JUSTICE V.SUJATHA SUNKARA NAGESWARA RAO,, S/O S NARAYANA, AGED ABOUT 58 YEARS, OCC CONTRACTOR, D.NO.5/8, RAMAPURAM, PEAPULLY MANDAL, JAKKASANIKUNTLA, KURNOOL, ANDHRA ...PETITIONER THE STATE OF ANDHRA PRADESH, REP.BY PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT, THE STATE OF ANDHRA PRADESH, REP.BY PRINCIPAL SECRETARY, IRRIGATION AND WATER RESOURCES DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, EXECUTIVE ENGINEER, IRRIGATION AND WATER RESOURCES DEPARTMENT, M L. WORKS DIVISION, KURNOOL, THE DEPUTY EXECUTIVE ENGINEER, IRRIGATION AND WATER DIVISION, DHONE, ANT EXECUTIVE ENGINEER, IRRIGATION AND WATER RESOURCES DEPARTMENT, M L. WORKS DIVISION, KURNOOL, ...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 topleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents herein in not releasing the total bills amount total worth Rs.21,61,896/- of 1)Rs. 8,07,500 /- vide M.Book No. 1844 Ml and Agreement No. 2118/2018-19, in respect of work for Desilting and jungle clearance of peddavankaP.R.Palli (v) Peapully (M) of Kurnool District, 2) Rs.8,06,015/- vide M.Book No. 1852 Ml and Agreement No. 1958/2018-19, in respect of work for Desilting and strengthening of bund to urakunta near P.R.Palli (v) Peapully (M) of Kurnool District and 3) Rs.5,48,381/- vide M.Book No. 1880 Mi and Agreement No. 1323/2018-19, in respect of work for Repairs to check dam across chinnavanka near Subbamma field near Ramapuram(v) Peapuly (M) Kurnool District and despite successful completion of the work executed by me in terms of Agreement, under Neeru-Chettu Programme even after finalizing the bills and the same were generated in M.Books pass orders, in spite of repeated requests is illegal, arbitrary, unreasonable and violative of Articles 14, 16 and 21 of Constitution of India and consequently direct the respondents herein forthwith to release the total bill amount of Rs.21,61,896/- and pay the amount along with interest @ 24percent p.a and to pass IA NO: 1 OF 2024 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 forthwith to release and pay the amount total bill amount of Rs.21,61,896/- of 1) Rs. 8,07,500 /- vide M.Book No. 1844 MI, in respect of work for “Desllting and jungle clearance of peddavanka near P.R.Palll (v) Peapully (M) of Kurnool District 2) Rs.8,06,015/- vide M.Book No. 1852 Ml, in respect of work for “Desilting and strengthening of bund to urakunta near P.R.Palll (v) Peapully (M) of Kurnool District” & 3) Rs.5,48,381/- vide M.Book No. 1880 Ml, in respect of work for “Repairs to check dam across chinnavanka near Subbamma field near Ramapuram(v) Peapuly (M) Kurnool District” and despite successful completion of the work executed by me in terms of Agreements under Neeru- Chettu Programme, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. KOMMA VIJAYA RAJ KUMAR Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD 2. GP FOR FINANCE PLANNING 3 The Court made the following Order: The petitioner had been awarded the contract of work(s) by the Irrigation Department. After execution of the said contract, a final bill was prepared for a sum of Rs.21,61,896/-, as per the sanctioned orders. Confirming the same, respondents also issued quality control certificates to a tune of Rs.8,66,477/-, Rs.8,61,150/- & Rs.5,89,338/-. 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. 2. 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. 3. 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. On the other hand, learned Government Pleader, on oral instructions, 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, however, admitted the 4 amounts payable to the petitioner as per the quality control certificates filed by the petitioner to a tune of Rs.8,66,477/-, Rs.8,61,150/- & Rs.5,89,338/-. 5. 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 amounts to the petitioner in accordance with the quality control certificates dated 19.01.2019 & 26.09.2018 issued by the respondents within a period of three (03) months from the date of receipt of a copy of this order. 6. As far as interest component is concerned, if there is any subsisting clause in the agreement/work order envisaging payment of interest upon any amounts which are 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: 10.09.2025 MDP