APHC010529812024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] THURSDAY,THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 27867/2024 Between: 1. SRI NADIMPALLI RAMALINGA RAJU AND M/S KIRAN INFRA(JV), MANAGING PARTNER SRI NADIMPALLI RAMALINGA RAJU, S/O. VENKATA RAJU, AGED 61 YEARS, O/O. D.NO.4-54/7, SURRA NAGAR, KONDA REDDY STREET, AMALAPURAM, DR BR AMBEDKAR KONASEEMA DISTRICT - 5333202. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT IRRIGATION AND CAD WATER RESOURCES DEPARTMENT, SECRETARIAT BUILDINGS, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT 3. THE DISTRICT COLLECTOR IRRIGATION WING, DR BR AMBEDKAR KONASEEMA DISTRICT AT AMALAPURAM 4. THE COMMISSIONER, COMMAND DEVELOPMENT AUTHORITY (CAD) WATER RESOURCES DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, VIJAYAWADA 5. THE ENGINEERINCHIEF, MINOR AND MAJOR IRRIGATION DEPARTMENT GOVERNMENT OF ANDHRA PRADESH, IRRIGATION BHAVAN, VIJAYAWADA, KRISHNA DISTRICT 2 VS,J W.P.NO.27867 OF 2024 6. THE SUPERINTENDING ENGINEER, IRRIGATION AND WATER RESOURCES DEPARTMENT, IRRIGATION CIRCLE, DOWLESWARAM, DRAINAGE DIVISION, KAKINADA DISTRICT 7. THE EXECUTIVE ENGINEER, IRRIGATION AND CAD WATER RESOURCES DEPARTMENT, DRAINAGE DIVISION, KAKINADA, KAKINADA DISTRICT 8. THE DEPUTY EXECUTIVE ENGINEER, IRRIGATION AND CAD WATER RESOURCES DEPARTMENT, DRAINAGE SUB-DIVISION, AMALAPURAM, DR BR AMBEDKAR KONASEEMA DISTRICT 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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declare the inaction on part of the respondents herein not releasing the final bill Amount of Rs.34,57,738/- vide Agreement No. 12DC/2021-22, dated. 20.07.2021 vide M.Book.No.2174 A and Quality Control Certificate No.58717, for which the work Annual Maintenance towards removal of weed growth from Major, Medium and Minor drains in Drainage Sections 1 and 4 of Drainage Sub Division, Amalapuram in G.C.Delta , with interest of execution and completion of 0 and M works under Irrigation department as per agreement, to the petitioner till today and causing heavy loss with interest even though total work was completed as per the agreement as illegal, arbitrary and violative of Article 14, 16 and 21 of the Constitution of India and consequentially to direct the respondents releasing the final bills of total amount worth of Rs.34,57,738/- for execution of completion of O and M works under Irrigation Department as per agreement, to the petitioner forthwith, and 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 releasing the Final Bills of total amount worth of Rs. 34,57,738/-, for execution of completion of O & M works under Irrigation Department as per agreement, to the petitioner forthwith. pending disposal of the above writ petition and pass Counsel for the Petitioner: 3 VS,J W.P.NO.27867 OF 2024 1. ANNAMNEEDI BALAKRISHNA Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD 2. GP FOR FINANCE PLANNING The Court made the following: 4 VS,J W.P.NO.27867 OF 2024 ORDER: 1. The petitioner had been awarded the contract of work(s) i.e., Annual Maintenace towards removal of weed growth from Major, Medium and Minor drains in Drainage Sections 1 & 4 of Drainage Sub Division, Amalapuram in G.C.Delta in Dr.B.R.Ambedkar Konaseema District. After execution of the said contract, a final bill was prepared for a sum of Rs.34,57,738/- as per the sanctioned orders confirming the same, respondents also issued quality control certificate to a tune of Rs.39,34,743/-. 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 has contended that since the budget was not released by the Government, the bills were not paid to the petitioner. Further submitted that, soon after release of the budget by 5 VS,J W.P.NO.27867 OF 2024 the Government, the bills will be paid to the petitioner, duly, admitting the amount payable to the petitioner as per the quality control certificate. 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 amount payable to the petitioner in accordance with the quality control certificate dated 16.11.2024, within a period of four (04) months, issued by the respondents. 6. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ____________________ JUSTICE V.SUJATHA 14.08.2025 LSP 6 VS,J W.P.NO.27867 OF 2024 184 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 27867/2024 14.08.2025 LSP