APHC010527462024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY, THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 27393/2024 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 DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 4. THE ENGINEER IN CHIEF ADMN, WATER RESOURCES DEPARTMENT SERVICE ROAD, CURRENCY NAGAR RAMAVARAPPADU RING VIJAYAWADA, A.P. 5. THE SUPERINTENDING ENGINEER, SKD GNSS PROJECT 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 to issue appropriate writ, direction, order or orders, more 2 VS,J W.P.No.27393 of 2024 particularly one in the nature of Writ of Mandamus in declaring the action on the part of the respondents in not releasing bill payment for the works executed by the petitioner firm i.e. Providing CC Road, Com pound Wall and Electrical Power Supply to Site Office and Rest House at Paidipalem Reservoir of Simhadripuram Mandal of YSR District for the value of work of Rs. 1,65,63,381.66/- in respect of the payable part bill amount of Rs. 1,03,45,134/- despite the claim for the payment of bill amount is raised vide Token No. 2024-173050 as illegal, arbitrary and violative of Article 14 and 21 of the Constitution of India and consequently direct the respondents to re lease the amount of Rs. 1,03,45,134/- towards the payment of 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 may be pleased to direct the respondents to release the amount of Rs. 1,03,45,134/- towards the part bill amount for the works executed by the petitioner firm i.e. Providing CC Road, Compound Wall and Electrical Power Supply to Site Office and Rest House at Paidipalem Reservoir in Simhadripuram Mandal of YSR 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: 3 VS,J W.P.No.27393 of 2024 ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “….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 releasing bill payment for the works executed by the petitioner firm i.e., Providing CC Road, Compound Wall and Electrical Power Supply to Site Office & Rest House at Paidipalem Reservoir of Simhadripuram Mandal of YSR District for the value of work of Rs.1,65,63,381.66/- in respect of the payable part bill amount of Rs.1,03,45,134/- despite the claim for the payment of bill amount is raised vide Token No.2024-173050 as illegal, arbitrary and violative of Article 14 and 21 of the Constitution of India and consequently direct the respondents to release the amount of Rs.1,03,45,134/- towards the payment of part bill amount for the works executed by the petitioner firm and ….” 2. The petitioner is a registered Special Class Contractor and was entrusted with the works of providing CC Road, Compound Wall, and Electrical Power Supply to the Site Office & Rest House at Paidipalem Reservoir in Simhadripuram Mandal of YSR District, for the estimated value of works of Rs.1,65,63,381.66/-. 3. The grievance of the petitioner is that, despite completing the said works, the respondents have failed to pay the necessary payments to the petitioner, which has been admitted by the respondents by issuing the Quality Control Certificate on 15.02.2024 for an amount of Rs.1,02,97,198/-. 4 VS,J W.P.No.27393 of 2024 4. Heard learned counsel for the petitioner as well as learned Government Pleaders for Irrigation and Finance & Planning for respondents. 5. During hearing, the learned Assistant Government Pleader for Irrigation has admitted the amount as per the Quality Control Certificate issued by the respondent authorities and has requested to dispose of the writ petition by granting four months time for making the said payment. 6. Recording the said submission made by the learned Assistant Government Pleader for Irrigation, the Writ Petition is disposed of by directing respondents No.2 and 5 to make the payments to the petitioner as per the Quality Control Certificate dated 15.02.2024 issued by the respondents, to a tune of Rs.1,02,97,198/-, as expeditiously as possible, preferably within a period of four (4) months from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel, miscellaneous applications, pending, if any, shall also stand closed. _____________________ JUSTICE V.SUJATHA Date :11.08.2025. KGR