1 VS, J W.P.No.6966 of 2024 APHC010134572024 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: 6966/2024 Between: 1. SRI LOTUS CONSTRUCTION, REP. BY ITS MANAGING PARTNER P VIJAYA BHASKAR REDDY, S/O. P SANKAR REDDY, AGED ABOUT 68 YEARS, OCC CONTRACTOR, R/O. 16-12-105, FLAT NO. G-1, GURU NILAYAM, STREET, HARNADHAPURAM, NELLORE, SPSR NELLORE DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIEF SECRETARY, DEPARTMENT OF IRRIGATION (WATER RESOURCES DEPARTMENT), SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY , DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE SUPERINTENDENT ENGINEER, IRRIGATION CIRCLE, NELLORE, SPSR NELLORE DISTRICT. 4. THE EXECUTIVE ENGINEER, NELLORE CENTRAL DIVISION, NELLORE, SPSR NELLORE DISTRICT. 5. THE CHIEF EXECUTIVE OFFICER, AP CFMS OFFICE, 6 TH FLOOR, C-BLOCK, ANJANEYA TOWERS, IBRAHIMPATNAM, KRISHNA 2 VS, J W.P.No.6966 of 2024 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 pleased to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents not releasing the payment of balance amount of Rs.92,89,431/- vide CFMS No. 2023- 433217, even after finalizing the bills, payable to the petitioner in relation to the works i e., FDR-11/2021- Temporary Restoration of Closing Breach No.1 of Pennar left flood bank near Zonnawada (V) in Buchireddypalem (M) of SPSR Nellore District, vide Agreement No. 51 SE/2022-23, dated 11.07.2022 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to consider for payment of amounts of Rs.92,89,451/- vide CFMS No. 2023- 433217 with interest @24 percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith and pass 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 please to direct the respondents to consider for payment of amount of Rs,92,89,431/- vide CFMS No. 2023-433217 with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works i.e. FDR-11/2021- Temporary Restoration of Closing Breach No. 1 of Pennar left flood bank near Zonnawada (V) in Buchireddypalem (M) of SPSR Nellore District, vide Agreement No. 51 SE/2022-23, dated 11.07.2022, forthwith, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. BATHALA RAMESH Counsel for the Respondent(S): 1. GP FOR IRRIGATION COMM AREA DEV 2. GP FOR FINANCE PLANNING (AP) The Court made the following: 3 VS, J W.P.No.6966 of 2024 ORDER: The present writ petition came to be filed under Article 226 of the Constitution of India seeking the following relief: “…to issue writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents not releasing the payment of balance amount of Rs.92,89,431/- vide CFMS No.2023-433217, even after finalizing the bills, payable to the petitioner in relation to the works i.e., FDR-11/2021-Temporary Restoration of Closing Breach No.1 of Pennar left flood bank near Zonnawada (V) in Buchireddypalem (M) of SPSR Nellore District, vide Agreement No.51 SE/2022-23, dated 11.07.2022 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to consider for payment of amounts of Rs.92,89,451/- vide CFMS No.2023-433217 with interest @24% per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith and pass….” 2. The petitioner was awarded the contract work i.e., FDR-11/2021- Temporary Restoration of Closing Breach No.1 of Pennar left flood bank near Zonnawada (V) in Buchireddypalem (M) of SPSR Nellore District, under Agreement No.51 SE/2022-23, dated 11.07.2022, for an amount of Rs.92,89,431/-. After execution of the aforementioned contract work, the respondents issued quality control certificate dated 28.02.2023 for a sum of Rs.88,06,665/-. 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. 4 VS, J W.P.No.6966 of 2024 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. Learned Assistant Government Pleader on oral instructions, submits that the admitted amount payable to the petitioner as per the quality control certificate i.e., dated 28.02.2023 is a sum of Rs.88,06,665/-. 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 to be entitled to Rs.92,89,431/-, the learned counsel for the petitioner has admitted that the writ petition may be disposed of based on the quality control certificate issued by the respondents dated 28.02.2023, for a sum of Rs.88,06,665/-. 7. In view of the facts and circumstances of the case, 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 5 VS, J W.P.No.6966 of 2024 quality control certificate i.e., dated 28.02.2023 for a sum of Rs.88,06,665/- issued by the respondents, within a period of five (05) 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: 18.11.2025 KGR