APHC010584842025 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: 30216/2025 Between: 1. A SIVA PRASAD REDDY, , S/O. VEERA REDDY, CONTRACTOR, R/O. 7-7-17, ATHIPALLIVARI STREET, KOWUR (V AND M), SPSR NELLORE DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, WATER RESOURCES DEPARTMENT, AP SECRETARIAT, VELAGAPUDI, AMARAVATI. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY TO GOVERNMENT, FINANCE AND PLANNING DEPARTMENT, AP SECRETARIAT, VELAGAPUDI, AMARAVATI. 3. THE SUPERINTENDING ENGINEER, IRRIGATION CIRCLE, SPSR NELLORE DISTRICT, NELLORE. 4. THE EXECUTIVE ENGINEER, WRD, NELLORE CENTRAL DIVISION, NELLORE, SPSR NELLORE DISTRICT. 2 VS,J W.P.NO.30216 OF 2025 ...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 may be pleased to issue any writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in non- payment of the final bill amounts to a tune of Rs.9,04,358/- for the work covered under Agreement NO.100 and M/DN/2020-21 Dated 11-05-2020 even after issuance of Quality Certificate and Work Completion Certificate in 2020 itself as illegal, arbitrary and consequently direct the respondents to pay the bill amounts to a tune of Rs.9,04,358/- along with EMD, FSD, GST and other Security Deposits without any further delay in the interests of justice 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 amounts to a tune of Rs.9,04,358/- towards the final bill amounts for the works covered under Agreement No. 10 0&M/DN/2020-21 Dated 11-05-2020, pending disposal of the Writ Petition, and pass such Counsel for the Petitioner: 1. DHARANI KUMAR B Counsel for the Respondent(S): 1. GP FOR IRRIGATION COMM AREA DEV 2. GP FOR FINANCE PLANNING The Court made the following: 3 VS,J W.P.NO.30216 OF 2025 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 30216/2025 ORDER:- This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “….to issue any writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in non-payment of the final bill amounts to a tune of Rs.9,04,358/- for the work covered under Agreement No.100 and M/DN/2020-21 Dated 11-05-2020 even after issuance of Quality Certificate and Work Completion Certificate in 2020 itself as illegal, arbitrary and consequently direct the respondents to pay the bill amounts to a tune of Rs.9,04,358/- along with EMD, FSD, GST and other Security Deposits without any further delay in the interests of justice…” 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 certificates to a tune of Rs.8,77,770/-. 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. 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 4 VS,J W.P.NO.30216 OF 2025 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, the respondents admitted the amount payable to the petitioner as per the quality control certificates filed by the petitioner to a tune of Rs.8,77,770/-. 6. Though the petitioner claimed an amount of Rs.9,04,358/- as per the agreements, however, agreed to dispose of Writ Petition basing upon the quality control certificate issued by the respondents dated 10.08.2020 to a tune of Rs.8,77,770/- within a period of two months. 5 VS,J W.P.NO.30216 OF 2025 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 10.08.2020 issued by the respondents within a period of two (02) months from the date of receipt of a copy of this order. No costs. 7. 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. 8. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ____________________ JUSTICE V.SUJATHA Date :18.11.2025 JLV 6 VS,J W.P.NO.30216 OF 2025 155 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 30216/2025 18.11.2025 JLV