APHC010448142025 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: 22842/2025 Between: 1. G VIJAYA BHASKAR RAO, S/O. LAKSHMAIAH, AGED ABOUT 68 YEARS, OCC CONTRACTOR, R/O. 2-2-39, SRI RANGANATHA NAGAR, NAWABPET, NELLORE, SPSR NELLORE DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS SPECIAL CHIEF SECRETARY, DEPARTMENT OF IRRIGATION (WATER RESOURCES DEPARTMENT), SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE SUPERINTENDENT ENGINEER, IRRIGATION CIRCLE, NELLORE, SPSR NELLORE DISTRICT. 4. THE EXECUTIVE ENGINEER, WRD, NELLORE CENTRAL DIVISION, NELLORE, SPSR NELLORE DISTRICT. 5. THE CHIEF EXECUTIVE OFFICER, APCFSS, 3D FLOOR, NIDHI BHAVAN, BEHIND APIIC BUILDING, MANGALAGIRI, GUNTUR DISTRICT, PINCOD 522503. ...RESPONDENT(S): 2 VS,J W.P.No.22842 of 2025 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 a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents not releasing the amount of Rs.6,22,477/- vide M Book No.36 NCC/2019-20, even after finalizing the bills, payable to the petitioner in relation to the works i.e., Repairs to L/S Bank of Eastern Channel at Km 23.370 (trough) near Vidavaluru Village in Vidavaluru Mandal of SPSR Nellore District, vide Agreement No. 239 O M/DN/2019-20, dated 05.03.2020 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amounts of Rs.6,22,477/- vide M Book No.36 NCC/2019-20 with interest @24PERCENT per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith 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 Please to direct the respondents to pay for payment of amount of Rs.6,22,477/- vide M Book No.36 NCC/2019-20 with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works i.e. Repairs to L/S Bank of Eastern Channel at Km 23.370 (trough) near Vidavaluru Village in Vidavaluru Mandal of SPSR Nellore District, vide Agreement No. 239 O8bM/DN/2019-20, dated 05.03.2020, forthwith, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. MODAPOTHULA SUMALATHA 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.22842 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 a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents not releasing the amount of Rs.6,22,477/- vide M Book No.36 NCC/2019-20, even after finalizing the bills, payable to the petitioner in relation to the works i.e., Repairs to L/S Bank of Eastern Channel at Km 23.370 (trough) near Vidavaluru Village in Vidavaluru Mandal of SPSR Nellore District, vide Agreement No. 239 O&M/DN/2019-20, dated 05.03.2020 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amounts of Rs.6,22,477/- vide M Book No.36 NCC/2019-20 with interest @24% per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith ….” 2. The petitioner had been awarded the contract of work i.e., Repairs to L/S Bank of Eastern Channel at Km 23.370 (trough) near Vidavaluru Village in Vidavaluru Mandal of SPSR Nellore District, vide Agreement No. 239 O&M/DN/2019-20, dated 05.03.2020 by the 4th respondent. After execution of the aforementioned contract work, the respondents issued quality control certificate dated 25.11.2020 for a sum of Rs.6,31,766/-. 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 amount, no payment is being made. The petitioner contends that such non- 4 VS,J W.P.No.22842 of 2025 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 certificate dated 25.11.2020 for a sum of Rs.6,31,766/-. 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 accordance with the quality control quality control certificate 25.11.2020 for a sum of Rs.6,31,766/-, issued by the respondents, within a period of two (2) months from the date of receipt of a copy of this order. 5 VS,J W.P.No.22842 of 2025 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