APHC010446062022 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: 28054/2022 Between: 1. TALLURI UMA MAHESWARA RAO, TALLURI UMA MAHESHWARA RAO, A CHANDRA RAO, 0CC . CONTRACTOR, R/O. D.NO. 4-10-6/2, NIDUBROLU (V), PONNURU(M), GUNTUR DIST ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY, IRRIGATION, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DIST., 2. THE PRINCIPLE SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI GUNTUR DIST., 3. THE ENGINEER IN CHIEF, IRRIGATION DEPARTMENT, 27-20-44, MUSEUM RD, VENKATESHWARA RAO STREET, GOVERNORPETA, VIJAYAWADA, ANDHRA PRADESH 520 00., 4. THE DISTRICT COLLECTOR, GUNTUR DIST., 5. THE SUPERINTENDENT ENGINEER, IRRIGATION CIRCLE, GUNTUR DIST., 6. THE EXECUTIVE ENGINEER, , K.W DIVISION, TENALI, GUNTUR DIST., ...RESPONDENT(S): 2 VS, J W.P.NO.28054 of 2022 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 hereby prayed that this Hon'ble Court may 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 vide (1) Agreement No.47.KW/2020-21, Total Final amount of Rs.14,65,678/- to the petitioner with 24percent 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 24 percent interest and to pass IA NO: 1 OF 2022 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 be pleased to direct the respondents to release the amount of Rs.14,65,678/- towards payment of above final bills for the contract works under taken by the petitioner long back pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. K L N SWAMY Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING 2. GP FOR IRRIGATION COMM AREA DEV The Court made the following: 3 VS, J W.P.NO.28054 of 2022 ORDER: The present writ petition came to be 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 vide (1) Agreement No.47.KW/2020-21, Total Final amount of Rs.14,65,678/- to the petitioner with 24 percent….” 2. The petitioner had been awarded the contract of work i.e., “O & M – Embankments repairs to Commamuru Canal and Weed removal from Km.38.600 to Km.58.000 of Commamuru Canal” vide Agreement No.47.KW/2020-21 dated 03.07.2020 by the 6th respondent. After execution of the aforementioned contract work, the respondents issued quality control certificate dated 20.08.2021 for a sum of Rs.10,86,325/-. 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. 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 4 VS, J W.P.NO.28054 of 2022 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., 20.08.2021 for a sum of Rs.10,86,325/-. 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.14,65,678/-, 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 20.08.2021 for a sum of Rs.10,86,325/-. 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., 20.08.2021 for a sum of Rs.10,86,325/- issued by the respondents, within a period of two (02) 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. 5 VS, J W.P.NO.28054 of 2022 Consequently, Miscellaneous Petitions, if any, pending shall stand closed. ______________________ JUSTICE V.SUJATHA Date: 03.11.2025 CAB/KGR