APHC010213012025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY,THE THIRD DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 11401/2025 Between: 1. DEVARAKONDA VENKATA SIVA RAMANJANEYULU, S/O.D. VENKATESWARA RAO, AGED 34 OCC CONTRACTOR, R/O. D.NO.4-716, POTHUMERAKA (V), THUMMALA, REPALLE (M), BAPATLA DISTRICT., ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY, IRRIGATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DIST., 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DIST., 3. THE ENGINEER IN CHIEF, IRRIGATION DEPARTMENT, AMARAVATHI, GUNTUR DIST., 4. THE DISTRICT COLLECTOR, BAPATLA, BAPATLA DIST., 5. THE SUPERINTENDENT ENGINEER, IRRIGATION 2 VS,J W.P.NO.11401 OF 2025 CIRCLE, GUNTUR, GUNTUR DIST., 6. THE EXECUTIVE ENGINEER, DRAINAGE DIVISION, REPALLE, BAPATLA DIST ...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 order or orders, direction or directions, Writ or Writs particularly one in the nature Writ of Mandamous or any appropriate writ declare the action of the respondents in not paying the bills for execution of works by the Petitioner works under 1. Agreement No. 28 of 2023-24, Dt 29-06-2023 2. Agreement No. 29 of 2023-24, Dt 29- 06-2023 3. Agreement No 54 of 2023-24, Dt 29-08-2023 4. Agreement No. 55 of 2023-24, Dt 29-08-2023 5. Agreement No. 60 of 2023-24, Dt 29-08-2023 6. Agreement No. 61 of 2023-24, Dt 29-08-2023 7. Agreement No. 62 of 2023-24, Dt 08-09-2023 8. Agreement No. 70 of 2023-24 Dt 27-11-2023 Total eight works amount of Rs.55,13,035/- to the petitioner with 6percent interest till to day from the date of completion of respective works as illegal, arbitrary violation of principles of natural justice and violative of Article 14, 19 (i) g, 21 of the Constitution of India, consequently direct the respondents to release the bills for the above completed works immediately with 6percent interest 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 amount of Rs.55,13,035/- towards payment of above final bills for the contract works under taken by the petitioner long back, pending disposal of main writ petition pending disposal of the above writ petition and to pass such Counsel for the Petitioner: 3 VS,J W.P.NO.11401 OF 2025 1. K L N SWAMY Counsel for the Respondent(S): 1. GP FOR IRRIGATION COMM AREA DEV 2. GP FOR FINANCE PLANNING The Court made the following: 4 VS,J W.P.NO.11401 OF 2025 ORDER:- This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “….to issue order or orders, direction or directions, Writ or Writs particularly one in the nature Writ of Mandamous or any appropriate writ declare the action of the respondents in not paying the bills for execution of works by the Petitioner works under 1. Agreement No. 28 of 2023-24, Dt 29-06-2023 2. Agreement No. 29 of 2023-24, Dt 29-06-2023 3. Agreement No 54 of 2023-24, Dt 29-08- 2023 4. Agreement No. 55 of 2023-24, Dt 29-08-2023 5. Agreement No. 60 of 2023-24, Dt 29-08-2023 6. Agreement No. 61 of 2023-24, Dt 29-08-2023 7. Agreement No. 62 of 2023-24, Dt 08-09-2023 8. Agreement No. 70 of 2023-24 Dt 27-11-2023 Total eight works amount of Rs.55,13,035/- to the petitioner with 6% interest till to day from the date of completion of respective works as illegal, arbitrary violation of principles of natural justice and violative of Article 14, 19 (i) g, 21 of the Constitution of India, consequently direct the respondents to release the bills for the above completed works immediately with 6% interest...” 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.4,50,717/-, Rs.7,95,514/-, Rs.14,99,555/-, Rs.11,90,658/-, Rs.4,73,365/-, Rs.2,48,253/-, Rs.4,44,876/- and Rs.4,10,097/- respectively. As the payment of the said amounts has not been 5 VS,J W.P.NO.11401 OF 2025 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 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 placed 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 certificates filed by the petitioner to a tune of Rs.4,50,717/-, Rs.7,95,514/-, Rs.14,99,555/-, Rs.11,90,658/-, Rs.4,73,365/-, Rs.2,48,253/-, Rs.4,44,876/- and Rs.4,10,097/- respectively. 6 VS,J W.P.NO.11401 OF 2025 6. 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 certificates dated 17.02.2025, 17.02.2025, 28.02.2025,28.02.2025, 24.12.2024, 17.02.2025, 17.02.2025 and 17.02.2025 issued by the respondents within a period of six (06) 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 :03.11.2025 LSP 7 VS,J W.P.NO.11401 OF 2025 150 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 11401/2025 03.11.2025 LSP