APHC010565542025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY,THE EIGHTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 29418/2025 Between: 1. M/S. NAS BABU CONSTRUCTIONS PRIVATE LTD.,, REP BY ITS MANAGING DIRECTOR, N.V.V. NAGENDRAM, S/O. VENKATESWARA RAO AGED ABOUT 55 YEARS, OCC CONTRACTOR, R/O. H.NO. 10/150-A2, RAJENDRA NAGAR GUDIVADA, KRISHNA DISTRICT. ...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 DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, GUNTUR DISTRICT AT GUNTUR. 3. THE ENGINEERINCHIEF, MINOR AND MAJOR IRRIGATION DEPARTMENT, STATE OF ANDHRA PRADESH, IRRIGATION BHAVAN, VIJAYAWADA, N.T.R. DISTRICT. 2 VS,J W.P.NO.29418 OF 2025 4. THE SUPERINTENDNETING ENGINEER, IRRIGATION AND WATER RESOURCES DEPARTMENT, IRRIGATION CIRCLE OFFICE, GUNTUR, GUNTUR DISTRICT. 5. THE EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, DRAINAGE DIVISION , CHIRALA, BAPATIA DISTRICT., PREVIUSLY PRAKASAM DISTRICT. 6. THE COMMISSIONER, COMMAND DEVELOPMENT AUTHORITY (CAD) WATER RESOURCES DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, VIJAYAWADA, N.T.R. DISTRICT. 7. THE STATE OF ANDHRA PRADESH, REP. BY IT S PRINCIPAL SECRETARY, FINANCE 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 tomay be pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents in withholding the payment of proposed balance amount of Rs. 6,07,863/- even after finalizing the bills, payable to the work for Neeru- Chettu programmes - Earth Work excavation in Ogeru Vagu from 68.700 to k.m 69.775 near pothavaram (v) in Chilakaluripeta Mandal, Guntur District vide Agreement. No. 38SE/17-18 dt. 23.06.2017, D.R.No. 12SE/17-18, Q.C.No. 281/18-19 dt. 20.03.2019 and M.B.Book.No. 1122/DDC/18 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 violation of Articles 14, 16 and 21 of the Constitution of India and consequentially to direct the respondents releasing the proposed balance amount of Rs. 6,07,863/- for execution of 3 VS,J W.P.NO.29418 OF 2025 completion of works as per agreement to the petitioner forthwith and to pass such 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 may be pleased to direct the respondents to release the proposed balance amount of Rs. 6,07,863/- for execution of completion of works as per agreement to the petitioner forthwith, pending disposal of the above writ petition and to pass such 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.29418 OF 2025 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 29418/2025 ORDER:- This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “….to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents in withholding the payment of proposed balance amount of Rs.6,07,863/- even after finalizing the bills, payable to the work for Neeru-Chettu programme - Earth Work excavation in Ogeru Vagu from 68.700 to k.m to 69.775 near pothavaram (v) in Chilakaluripeta Mandal, Guntur District vide Agreement. No.38SE/17-18 dt. 23.06.2017, D.R.No.12SE/17-18, Q.C.No.281/18-19 dt. 20.03.2019 and M.B.Book.No.1122/DDC/18 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 violation of Articles 14, 16 and 21 of the Constitution of India and consequentially to direct the respondents releasing the proposed balance amount of Rs.6,07,863/- for execution of completion of works as per agreement to the petitioner forthwith…” 2. The petitioner had been awarded the contract of work(s) by the Irrigation Department. After execution of the said contract, the respondents also issued quality control certificate dated 20.03.2019 to a tune of Rs.28,91,693/-. 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. 5 VS,J W.P.NO.29418 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 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. 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 Government Pleader on oral instructions stated 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, however, admitted the amount payable to the petitioner as per the quality control certificate filed by the petitioner to a tune of Rs.28,91,693/-. 6. Though the petitioner claimed an amount of Rs.6,07,863/- as per the agreements, however, agreed to dispose of Writ Petition basing upon the quality control certificate issued by the 6 VS,J W.P.NO.29418 OF 2025 respondents dated 20.03.2019 to a tune of Rs.28,91,693/- within a period of two months. 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 amount to the petitioner in accordance with the quality control certificate dated 20.03.2019 issued by the respondents within a period of two (02) months from the date of receipt of a copy of this order. No costs. 8. No costs. 8. 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. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ____________________ JUSTICE V.SUJATHA Date :18.11.2025 JLV 7 VS,J W.P.NO.29418 OF 2025 151 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 29418/2025 Dt.18.11.2025 JLV