APHC010178032025 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: 9232/2025 Between: 1. SK. ALTHAF BASHA,, S/O HUMAYUN, AGED ABOUT 45 YEARS, CONTRACTOR, D.NO. 24/84/, ROTTELA STREET, RAMAIAH SCHOOL, MULAPET, NELLORE, SPSR NELLORE DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRI. SECRETARY, WATER RESOURCES DEPARTMENT, AP SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRI. SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, AP SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE SUPERINTENDENT ENGINEER, IRRIGATION AND COMMAND AREA DEVELOPMENT, IRRIGATION CIRCLE, NELLORE, SPSR NELLORE DISTRICT. 4. THE EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, NELLORE CENTRAL DIVISION, 2 VS,J W.P.NO.9232 OF 2025 NELLORE, 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 tomay be pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in non- payment an amount of Rs.7,77,175/- in total due for the last Four years even after finalizing the bills, payable to the petitioner after the successful completion of the execution of works i.e., Repairs to Channel Banks of Koduru Canal near Chinthopu Village in T. P Gudur Mandal of SPSR Nellore District vide Agreement No. 174/ O and M / DN / 2020-21, dated 17.10.2020 duly approved by the respondents, as illegal, arbitrary, unjust, unreasonable and violative of fundamental rights guaranteed to the Petitioner under Articles 14 and 21 of the Constitution of India and consequently direct the respondents to release an amount of Rs.7,77,175/- towards the works executed by the petitioner along with 12percent interest per annum 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 may be pleased to direct the respondents to pay the amount of Rs.7,77,175/- in total due for the last Two years even after finalizing the bills, payable to the petitioner after the successful completion of the execution of works i.e., “Repairs to Channel Banks of Koduru Canal near Chinthopu Village in T. P Gudur Mandal of SPSR Nellore District vide Agreement No. 174/ O&M / DN / 2020-21, dated 17.10.2020” forthwith, pending disposal of the main writ petition and pass Counsel for the Petitioner: 3 VS,J W.P.NO.9232 OF 2025 1. SIVAPRASAD REDDY VENATI Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD 2. GP FOR FINANCE PLANNING The Court made the following: 4 VS,J W.P.NO.9232 OF 2025 ORDER:- This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “….to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in non- payment an amount of Rs.7,77,175/- in total due for the last Four years even after finalizing the bills, payable to the petitioner after the successful completion of the execution of works i.e., Repairs to Channel Banks of Koduru Canal near Chinthopu Village in T. P Gudur Mandal of SPSR Nellore District vide Agreement No. 174/ O and M / DN / 2020-21, dated 17.10.2020 duly approved by the respondents, as illegal, arbitrary, unjust, unreasonable and violative of fundamental rights guaranteed to the Petitioner under Articles 14 and 21 of the Constitution of India and consequently direct the respondents to release an amount of Rs.7,77,175/- towards the works executed by the petitioner along with 12% interest per annum...” 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 certificate to a tune of Rs.7,77,175/-. 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. 5 VS,J W.P.NO.9232 OF 2025 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 certificate filed by the petitioner to a tune of Rs.7,77,175/- 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 6 VS,J W.P.NO.9232 OF 2025 respondents to release the amount to the petitioner in accordance with the quality control certificate dated 30.11.2020 issued by the respondents within a period of two (02) 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 :29.10.2025 LSP 7 VS,J W.P.NO.9232 OF 2025 170 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 9232/2025 29.10.2025 LSP