APHC010620682025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY, THE TENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 32103/2025 Between: 1. VEERANKI SRIDHAR, S/O. SATYANARAYANA AGED ABOUT 48 YEARS, OCC CONTRACTOR, R/O. D.NO. 3-70, NEAR WATER TANK, VELAVADAM POST, MYLAVARAM MANDAL, N.T.R. DISTRICT. 521230 . ...PETITIONER AND 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT IRRIGATION AND CAD WATER RESOURCES DEPARTMENT, SECRETARIATBUILDINGS, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR IRRIGATION WING, KRISHNA DISTRICT, AT MACHILIPATNAM 3. THE ENGINEERINCHIEF, MINOR AND MAJOR IRRIGATION DEPARTMENT GOVERNMENT OF ANDHRA PRADESH, IRRIGATION BHAVAN, VIJAYAWADA, N.T.R. DISTRICT. 4. THE SUPERINTENDING ENGINEER, SUPERINTENDING ENGINEER IRRIGATION AND WATER RESOURCES DEPARTMENT, IRRIGATION CIRCLE OFFICE, VIJAYAWADA, N.T.R. DISTRICT. 5. THE EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, DRAINAGE DIVISION , GUDIVADA, KRISHNA DISTRICT. 2 VS,J W.P.No.32103 of 2025 6. THE COMMISSIONER, COMMAND DEVELOPMENT AUTHORITY (CAD) WATER RESOURCES DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, VIJAYAWADA, N.T.R. DISTRICT. 7. THE PAY AND ACCOUNTS OFFICER, SURYAPETA, NEAR ANDHRA HOSPITAL VIJAYAWADA, N.T.R DISTRICT. 8. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT BUILDINGS VELAGAPUDI, AMARAVATI, GUNTUR 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 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 an amount of Rs.19,32,580/- as per Quality Control Certificate and vide Agreement No.05/2024-25, dated 12.07.2024 and M.Book.No.5886DG, with interest of execution of completion of O and M works under Irrigation Department as per agreement to the petitioner till today and causing heavy loss with interest even though total works were completed as per the agreement as illegal, arbitrary and violative of Articles 14, 16 and 21 of the Constitution of India and consequentially to direct the respondents releasing the final bill of total amount worth of Rs.19,32,580/- for execution of completion of Irrigation works under Irrigation Department as per agreement to the petitioner forthwith and to pass IA NO: 1 OF 2025 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 Bill amount of Rs.19,32,580/-, with interest of execution of completion of O&M works under Irrigation Department as per agreement to the petitioner forthwith, and to pass 3 VS,J W.P.No.32103 of 2025 Counsel for the Petitioner: 1. PAMARTHI KAMESWARA RAO 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.32103 of 2025 ORDER: The present writ petition came to be filed under Article 226 of the Constitution of India seeking the following relief: “…declare the inaction on part of the respondents herein not releasing the final bill an amount of Rs.19,32,580/- as per Quality Control Certificate and vide Agreement No.05/2024- 25, dated 12.07.2024 and M.Book.No.5886DG, with interest of execution of completion of O and M works under Irrigation Department as per agreement to the petitioner till today and causing heavy loss with interest even though total works were completed as per the agreement as illegal, arbitrary and violative of Articles 14, 16 and 21 of the Constitution of India and consequentially to direct the respondents releasing the final bill of total amount worth of Rs.19,32,580/- for execution of completion of Irrigation works under Irrigation Department as per agreement to the petitioner forthwith ….” 2. The petitioner had been awarded the contract of work “O&M to Removal of Weed Growth from Chandraiah Major Drain from km.5.800 to K.m.23.500 (In weed free condition) in Gudivada and Nandlawada Mandals for the year 2024-2025” as per the agreement dated 12.07.2024 by the respondents. After execution of the aforementioned contract works, the respondents issued quality control certificate for the said work i.e., dated 10.11.2025 for a sum of Rs.19,32,580/-. As the payment of the said amounts has not been made by the respondents, the petitioner has approached this Court by way of this writ petition. 5 VS,J W.P.No.32103 of 2025 3. 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 amount, 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. 4. 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. 5. On the other hand, learned Assistant Government Pleader on oral instructions submits that the admitted amount payable to the petitioner as per the quality control certificate dated 10.11.2025 for a sum of Rs.19,32,580/-. He further 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 petitioner. 6. Learned counsel for the petitioner agreed for payment of final bill as per the quality control certificates as stated by the learned Assistant Government Pleader. 7. 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 amounts to the petitioner in accordance with the quality control certificates dated 10.11.2025 for a sum of 6 VS,J W.P.No.32103 of 2025 Rs.19,32,580/- issued by the respondents, within a period of three (3) months from the date of receipt of a copy of this order. 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. Consequently, Miscellaneous Petitions, if any, pending shall stand closed. ______________________ JUSTICE V.SUJATHA Date: 10.12.2025 MH/JLSR