APHC010505942025 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: 26484/2025 Between: 1. J LAVANYA REDDY, W/O. VENKATESWARA REDDY, AGED ABOUT 45 YEARS, OCC CONTRACTOR, R/O. D.NO.11-33-951, TEACHERS COLONY, VENGALA RAO NAGAR, KAVALI, SPSR NELLORE DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP, BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, WATER RESOURCES DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. SUPERINTENDENT ENGINEER, WATER RESOURCES DEPARTMENT, IRRIGATION CIRCLE/NELLORECIRCLE, SPSR NELLORE DISTRICT. 4. EXECUTIVE ENGINEER, W.R.D, NELLORE CENTRAL DIVISION NELLORE, SPSR NELLORE DISTRICT. 5. DEPUTY EXECUTIVE ENGINEER, IRRIGATION SUB-DIVISION, BUCHHIREDDYPALEM, SPSR NELLORE. 6. PAY AND ACCOUNTS OFFICER, WORKS ACCOUNTS, NELLORE, 2 VS, J W.P.26484 of 2025 SPSR NELLORE 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 topleased to issue a Writ, order or direction more particularly in the nature of WRIT OF MANDAMUS aggrieved by the action of the Respondents in not releasing the net amount of Rs.48,82,090/- along with interest for the work executed by the Petitioner pursuant to the agreement bearing No. 44 SE/2022-2023, dated 24.05.2022 for FDR-11/2021-Temporary Restoration of Pennar Left flood bank near Minagallu Village, Buchhireddypalem Mandal, SPSR Nellore District, as illegal, irregular, irrational and violation of Article 14, 19(1)(g) and 21 of the Constitution of India, and Consequently direct the Respondents to pay the of Rs.48,82,090/- along with interest for the delaying the payment to the petitioner for the said work executed by the petitioner and 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 to pay the amount of Rs.48,82,090/- along with interest for the work executed by the petitioner pursuant to the agreement bearing No. 44 SE/2022-2023, dated 24.05.2022 for “FDR- 11/2021-Temporary Restoration of Pennar Left flood bank near Minagailu Village, Buchhireddypalem Mandal, SPSR Nellore District”, Pending disposal of the main writ petition and pass Counsel for the Petitioner: 1. MALIREDDY GOWTHAM 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.26484 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 a Writ, order or direction more particularly in the nature of WRIT OF MANDAMUS aggrieved by the action of the Respondents in not releasing the net amount of Rs.48,82,090/- along with interest for the work executed by the Petitioner pursuant to the agreement bearing No. 44 SE/2022-2023, dated 24.05.2022 for FDR-11/2021-Temporary Restoration of Pennar Left flood bank near Minagallu Village, Buchhireddypalem Mandal, SPSR Nellore District, as illegal, irregular, irrational and violation of Article 14, 19(1)(g) and 21 of the Constitution of India, and Consequently direct the Respondents to pay the of Rs.48,82,090/- along with interest ….” 2. The petitioner had been awarded the contract of work i.e., “FDR- 11/2021-Temporary Restoration Pennar Left flood bank near Minagallu Village, Buchhireddypalem Mandal, SPSR Nellore District”, vide agreement No.44 SE/2022-23 dated 24.05.2022 by the 3rd respondent. After execution of the aforementioned contract work, the respondents issued quality control certificate dated 17.04.2023 for a sum of Rs.45,78,627/-. 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. 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 VS, J W.P.26484 of 2025 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., 17.04.2023 for a sum of Rs.45,78,627/-. 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.48,82,090/-, 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 17.04.2023 for a sum of Rs.45,78,627/-. 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 quality control certificate i.e., 17.04.2023 for a sum of Rs.45,78,627/- issued by the respondents, within a period of six (6) months from the date of receipt of a copy of this order. 5 VS, J W.P.26484 of 2025 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: 29.10.2025 CAB/KGR