APHC010524592024 IN THE HIGH COURT OF ANDHRA PRADESH MONDAY, THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 27241/2024 Between: 1. KMR CONSTRUCTIONS, L. RAMASHIVA REDDY (JV), REP. BY ITS MANAGING PARTNER, SRI K. MADHUSUDHANA REDDY, S/O. LATE MALAKONDA REDDY, AGED ABOUT 56 YEARS,R/O. PULIMI STREET, BALAJINAGAR, NELLORE DISTRICT. 1. THE STATE OF AP, IRRIGATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT, VELAGAPUDI, AMARAVATHI, DISTRICT. 3. THE SUPERINTENDING ENGINEER, IRRIGATION CIRCLE, ONGOLE, PRAKASAM DISTRICT. 4. THE EXECUTIVE ENGINEER, IRRIGATION DIVISION, ONGOLE, PRAKASAM DISTRICT. 5. THE DEPUTY EXECUTIVE ENGINEER, IRRIGATION SUB KANDUKUR, PRAKASAM D IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 27241/2024 KMR CONSTRUCTIONS, L. RAMASHIVA REDDY (JV), REP. BY ITS MANAGING PARTNER, SRI K. MADHUSUDHANA REDDY, S/O. LATE MALAKONDA REDDY, AGED ABOUT 56 YEARS,R/O. PULIMI STREET, BALAJINAGAR, NELLORE DISTRICT. AND THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT, VELAGAPUDI, AMARAVATHI, THE SUPERINTENDING ENGINEER, IRRIGATION CIRCLE, ONGOLE, PRAKASAM DISTRICT. THE EXECUTIVE ENGINEER, IRRIGATION DIVISION, ONGOLE, PRAKASAM DISTRICT. THE DEPUTY EXECUTIVE ENGINEER, IRRIGATION SUB KANDUKUR, PRAKASAM DLSTRICT. ...RESPONDENT(S): IN THE HIGH COURT OF ANDHRA PRADESH [3333] THE FIFTEENTH DAY OF SEPTEMBER THE HONOURABLE SMT JUSTICE V.SUJATHA KMR CONSTRUCTIONS, L. RAMASHIVA REDDY (JV), REP. BY ITS MANAGING PARTNER, SRI K. MADHUSUDHANA REDDY, S/O. LATE MALAKONDA REDDY, AGED ABOUT 56 YEARS,R/O. PULIMI ...PETITIONER REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR THE SUPERINTENDING ENGINEER, IRRIGATION CIRCLE, THE EXECUTIVE ENGINEER, IRRIGATION DIVISION, ONGOLE, THE DEPUTY EXECUTIVE ENGINEER, IRRIGATION SUB-DIVISION, ...RESPONDENT(S): 2 VS,J W.P.No.27241 of 2024 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 tomay 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 respondent authorities in not releasing an amount of Rs. 2,09,82,776/- to the petitioner for the execution of works. Vide Agreement No. 43SE /2021- 22, dated 29-06-2021, 1st Supplemental Agreement No. 19SE /2022-23, dated 24-02- 2023, 2nd Supplemental Agreement No. 13SE /2023-24, dated 23-03-2024, respectively as arbitrary, illegal, contrary to Law and against the Principles of Natural Justice and against the Norms of the Public Policy and to issue consequential direction directing the respondent authorities to release the amounts payable to the petitioner with an interest at 18 percent per annum 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 may be pleased to direct the respondent authorities to release an amount of Rs. 2,09,82,776/- to the petitioner for the execution of works. Vide Agreement No. 43SE /2021-22, dated 29-06-2021, 1st Supplemental Agreement No. 19SE /2022-23, dated 24-02- 2023, 2nd Supplemental Agreement No. 13SE /2023-24, dated 23-03-2024, respectively, pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. VENKAT SAILENDRA G Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD 2. GP FOR FINANCE PLANNING 3 VS,J W.P.No.27241 of 2024 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 part bill was prepared for a sum of Rs.2,09,82,776/-, as per the sanctioned orders. Confirming the same, respondents also issued quality control certificate to a tune of Rs.1,71,04,209/-. 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. 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, relying upon the counter filed by the 4th respondent, 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 4 VS,J W.P.No.27241 of 2024 petitioner, however, admitted the amounts payable to the petitioner as per the quality control certificate filed by the petitioner to a tune of Rs.1,71,04,209/-. 5. In view of the facts and circumstances of the case, 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 certificate dated 25.09.2024 issued by the respondents within a period of six (6) 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 amount which is 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: 15.09.2025 MDP