APHC010531912024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY, THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 27896/2024 Between: 1. SRI G VIJAYA BHASKAR RAO, S/O. LAKSHMAIAH, AGED 70 YEARS. R/O. D.NO. 2-2- 39, SRI RANGANATHA NAGAR, NAWABPET, NELLORE, SPSR NELLORE DISTRICT, ANDHRA PRADESH ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION AND COMMAND AREA DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, , NELLORE, SPSR NELLORE DISTRICT. 4. THE EXECUTIVE ENGINEER, , W.R.D., DRAINAGE DIVISION, NELLORE, SPSR NELLORE DISTRICT. 5. THE DEPUTY EXECUTIVE ENGINEER, IRRIGATION SUB- DIVISION, KODAVALUR MANDAL, SPSR NELLORE DISTRICT. 2 VS,J W.P.No.27896 of 2024 ...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 an appropriate writ or order or a direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents, in non-payment of amount due to me even after finalizing the bills, payable to me in relation to the works executed by them under (1) Repairs to culvert on Venkannapuram Branch Channel near Venkannapuram Village in Kodavaluru Mandal of SPSR Nellore District vide Agreement No. 49 Oand M/DN/2021-22 (Agt. Value of Rs. 6,72,404/-), (2) Maintenance of Inspection Path on Old High Level Channel near Mikkilimpeta Village in Kodavalur Mandal of SPSR Nellore District vide Agreement No. 50 Oand M/DN/2021-22 (Agt. Value of Rs. 5,39,530/-), (3) Maintenance of Inspection path on R/S bank of Eastern Channel from D/S of 4th Drop near Guntakatta Village in Kodavalur Mandal of SPSR Nellore District vide Agreement No. 87 Oand M/DN/2021-22 (Agt. Value of Rs. 8,02,978/-), (4) Maintenance of Inspection path on R/S bank of Yellayapalem utu Kalva near Rajupalem Village in Kodavalur of SPSR Nellore District vide Agreement No. 228 Oand M/DN/2019-20 (Agt. Value of Rs. 15,07,759/-) and (5) Removal of weed from the bed of Mangeguntapadu Channels System for 2nd crop 2021 vide Agreement No. 297 Oand M/DN/2021-22 (Agt. Value of Rs. 5,43,385/-) as illegal, arbitrary, unjust, unreasonable and unconstitutional and consequently direct the respondents to consider the payment of amount due to the petitioner in respect of execution of works forthwith and to pass such 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 consider the payment of amount payable to the (1) Repairs to culvert on Venkannapuram Branch Channel near Venkannapuram Village in Kodavaluru Mandal of SPSR Nellore District vide Agreement No. 49 O&M/DN/2021-22 (Agt. Value of Rs. 6,72,404/-), (2) Maintenance of Inspection Path on Old High Level Channel near Mikkilimpeta Village in Kodavalur Mandal of SPSR Nellore District vide Agreement No. 50 O&M/DN/2021-22 (Agt. Value of Rs. 5,39,530/-), (3) Maintenance of 3 VS,J W.P.No.27896 of 2024 Inspection path on R/S bank of Eastern Channel from D/S of 4th Drop near Guntakatta Village in Kodavalur Mandal of SPSR Nellore District vide Agreement No. 87 O&M/DN/2021-22 (Agt. Value of Rs. 8,02,978/-), (4) Maintenance of Inspection path on R/S bank of Yellayapalem utu Kalva near Rajupalem Village in Kodavalur of SPSR Nellore District vide Agreement No. 228 0&M/DN/2019-20 (Agt. Value of Rs. 15,07,759/-) and (5) Removal of weed from the bed of Mangeguntapadu Channels System for 2nd crop 2021 vide Agreement No. 297 O&M/DN/2021-22 (Agt. Value of Rs. 5,43,385/-) immediately, pending disposal of the main writ petition and pass such Counsel for the Petitioner: 1. C VAMSI KRISHNA 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.27896 of 2024 ORDER: 1. The petitioner has been awarded the execution of works under the Irrigation department in SPSR Nellore District. After execution of the said contract, a final bill was prepared for a sum of Rs.6,72,404/-, 5,39,530/-, 8,02,978/-, 15,07,759/- and 5,43,385/- as per the sanctioned orders confirming the same, respondents also issued quality control certificates to a tune of Rs.6,72,404/-, 5,39,530/-, 8,02,978/-, 15,07,759/- and 5,43,385/- As the payment of the said amounts have 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 for Irrigation as well as Finance & Planning, on oral instructions, has stated that, since the budget was not released by the Government, the bills were not paid 5 VS,J W.P.No.27896 of 2024 to the petitioner. Soon after release of the budget by the Government, the bills will be paid to the petitioner, however, admitted the amounts payable to the petitioner as per the quality control certificates filed by the petitioner to a tune of Rs. Rs.6,72,404/-, 5,39,530/-, 8,02,978/-, 15,07,759/- and 5,43,385/-. 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 admitted amounts to the petitioner in accordance with the quality control certificates dated 03.03.2022, 12.03.2022 and 14.03.2022 issued by the respondents within a period of two (02) months from the date of receipt of a copy of this order. There shall be no order as to costs. 6. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. _____________________ JUSTICE V.SUJATHA Dt:13.08.2025 KGR