APHC010506412025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY, THE TWENTY NINETH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 26427/2025 Between: 1. B N V S, S/O. BHASKAR RAO AGED ABOUT 54 YEARS, OCC- CONTRACTOR, R/O. D.NO. 2-61, DIRISAVALLI, PEDANA, KRISHNA DISTRICT ...PETITIONER AND 1. THE STATE OF AP, 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 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, 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, K.C.DIVISION , VIJAYAWADA, N.T.R. DISTRICT. 6. THE COMMISSIONER, COMMAND DEVELOPMENT AUTHORITY (CAD) WATER RESOURCES DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, VIJAYAWADA 7. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL 2 VS,J W.P.No.26427 of 2025 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 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 bills amount worth of total amount of Rs.51,32,220/- i.e.,1) Amount Rs.27,31,452/-, Agreement No.115/2024- 25, dated 06.01.2025, D.R.No. 112 /2024-25 dt. 13.11.2024 and M.Book.No.8096, 2) Amount Rs.24,00,768/-, Agreement No. 116/2024-25, dated 06.01.2025, D.R.No. 113/2024-25 dated 13.11.2024 and M.Book.NO.10031 with interest of execution of completion of SDMF works under Irrigation Department as per agreements 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 release the final bills of total amount worth of Rs.51,32,220/- 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 to direct the respondents releasing the Final Bill amount of Rs.51,32,220/- for execution of completion of Irrigation works under Irrigation Department as per agreement to the petitioner forthwith, pending disposal of the above writ petition and to pass 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: 3 VS,J W.P.No.26427 of 2025 ORDER: The present writ petition came to be filed under Article 226 of the Constitution of India seeking the following relief: “…to issue 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 bills amount worth of total amount of Rs.51,32,220/- i.e.,1) Amount Rs.27,31,452/-, Agreement No.115/2024- 25, dated 06.01.2025, D.R.No.112 /2024-25 dt. 13.11.2024 and M.Book.No.8096, 2) Amount Rs.24,00,768/-, Agreement No. 116/2024- 25, dated 06.01.2025, D.R.No. 113/2024-25 dated 13.11.2024 and M.Book.No.10031 with interest of execution of completion of SDMF works under Irrigation Department as per agreements 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 release the final bills of total amount worth of Rs.51,32,220/- for execution of completion of Irrigation works under Irrigation Department as per agreement to the petitioner ….” 2. The petitioner had been awarded the contract of two works as per the agreements dated 06.01.2025 by the respondents. After execution of the aforementioned contract works, the respondents issued two quality control certificates i.e., 1) dated 16.09.2025 for a sum of Rs.29,85,090/- and 2) dated 16.09.2025 for a sum of Rs.26,89,493/-. 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 amount, no payment is being made. The petitioner contends that such non- 4 VS,J W.P.No.26427 of 2025 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 certificates i.e., 1) dated 16.09.2025 for a sum of Rs.29,85,090/- and 2) dated 16.09.2025 for a sum of Rs.26,89,493/-. 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. Though the petitioner claims an amount of Rs.51,32,220/-, but however as per the quality control certificate the amount payable to the petitioner is Rs.56,74,583/-. 7. In view of the same, and in light of the directions of this Court in various cases, and after hearing the submissions of learned counsel on both sides, the Writ Petition is disposed of with a direction to the respondents to release the admitted amounts to the petitioner within a period of six (6) 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 5 VS,J W.P.No.26427 of 2025 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: 29.10.2025 CAB/KGR