APHC010501762024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] MONDAY,THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 27013/2024 Between: 1.M.S INFRA, D.NO.1-3-549-11, CHENNA REDDY COLONY PULIVENDULA, YSR KADAPA DISTRICT REP BY ITS MANAGING PARTNER MR.D.SRIKANTH REDDY. 2.D.SRIKANTH REDDY, S/O. D. RAMI REDDY, AGED ABOUT 46 YEARS, OCC BUSINESS, M.S. INFRA, D.NO. 1-3-549-11 CHENNA REDDY COLONY, PULIVENDULA YSR KADAPA DISTRICT. ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS CHIEF SECRETARY TO GOVT. ANDHRA PRADESH, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY FINANCE DEPARTMENT, SECRETARIAT VELAGAPUDI, GUNTUR DISTRICT. 3.THE STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY WATER RESOURCES (IRRIGATION) DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 4.THE ENGINEER IN CHIEF ADM, N) WATER RESOURCES DEPARTMENT SERVICE ROAD, CURRENCY NAGAR RAMAVARAPPADU RING VIJAYAWADA, A.P. 5.THE SUPERINTENDING ENGINEER, W.R.D., IRRIGATION CIRCLE YSR KADAPA 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 topleased to issue appropriate writ, direction, order or orders, more particularly one in the nature of Writ of Mandamus in declaring the action on the part of the respondents in not re leasing bill payment for the works executed by the petitioner firm i.e. Formation of Flood Banks along the Mogameru vagu near Kovaramgutta- palli Village, Simhadripuram Mandal, YSR Ka- dapa District for the value of work of Rs.6,34,86,615/- in respect of the payable part bill amount of Rs.31,49,146/- despite the claim for the payment of bill amount is raised vide Token No. 2024-170844 as illegal, arbitrary and violative of Article 14 and 21 of the Constitution of India and consequently direct the respond ents to release an amount of Rs.31,49,146/- to wards the part bill amount for the works executed by the petitioner firm 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 to release an amount of Rs.31,49,146/- towards the part bill amount for the works executed by the petitioner firm i.e. Formation of Flood Banks along the Mogameru vagu near Kovaramguttapalli Vil lage, Simhadripuram Mandal, YSR Kadapa District, pending disposal of the Writ Petition and pass Counsel for the Petitioner(S): 1.K NAVEEN KUMAR Counsel for the Respondent(S): 1.GP FOR IRRI AND CAD 2.GP FOR GENERAL ADMINISTRATION 3.GP FOR FINANCE PLANNING The Court made the following order: THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION No.27013 OF 2024 ORDER: - 1. The present Writ Petition is filed questioning the action of the respondents in not paying an amount of Rs.31,49,146 /- to the petitioner despite completion of works i.e., Formation of Flood Banks along the Mogameru vagu near Kovaramguttapalli Village, Simhadripuram Mandal, YSR Kadapa District. 2. It is the case of the petitioner that the respondents have floated tender for execution of the said work in which the petitioner became the lowest bidder. It is the further case of the petitioner that he entered into agreement No.12SE/2021-2022, dated 23.06.2021 with respondent No.5. Thereafter, he has completed the said work within the stipulated time as per the agreement. It is the specific case of the petitioner that respondent No.4 inspected the execution of work at regular intervals and after completion of the same, the respondent No.4 issued Quality Control Certificate dated 19.03.2024 after conducting checks and tests and the observations were also recorded in field register and the same was found satisfactory based on the field tests carried out. Despite the same, the respondents did not release the said amount of Rs.31,49,146 /- in favour of the petitioner. Questioning the said action, the present writ petition is filed. 3. On the other hand, the learned Government Pleader for Irrigation would fairly submit that the petitioner has executed the above mentioned works and did not dispute the Quality Control Certificate dated 19.03.2024 issued by respondent No.4. He would further request this Court to pass appropriate orders by granting time to release the said amount in favour of the petitioner. 4. Heard learned counsel for petitioner and learned Assistant Government Pleader for Irrigation and CAD. 5. Perused the material available on record. 6. It is not in dispute that the petitioner has entered into agreement No.12SE/2021-2022 with respondent No.4, dated 23.06.2021 and he has completed the works i.e., Formation of Flood Banks along the Mogameru vagu near Kovaramguttapalli Village, Simhadripuram Mandal, YSR Kadapa District. Further on perusal of the Quality Control Certificate dated 19.03.2024, it is clear that the petitioner has executed the same to the satisfaction of the respondents. In that view of the same, there is no justification on the part of the respondents in not releasing the admitted amount in favour of the petitioner. 7. In view of the above, the Writ Petition is allowed and the respondents are directed to pay an amount of Rs.31,49,146 /- to the petitioner within a period of eight (08) weeks from the date of receipt of the order. It is needless to mention that in so far as interest component is concerned, the petitioner is at liberty to take steps available under law. No order as to costs. As a sequel, pending applications, if any, shall stand closed. _____________________ JUSTICE T.C.D. SEKHAR 28.07.2025 DR 116 THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION No.27013 OF 2024 Date:28.07.2025 DR