APHC010217062025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY,THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 11364/2025 Between: 1. B RAVI KUMAR REDDY, S/O. VENKATA REDDY, AGED ABOUT 51 YEARS, OCC. CONTRACTOR, D.NO. 13/1, PAPIREDDIGARIPALLI, VEERABALLI MANDAL, YSR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY, DEPARTMENT OF IRRIGATION,(WRD), SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 2. THE DISTRICT COLLECTOR, ANNAMAYYA DISTRICT @ RAYACHOTY. 3. EXECUTIVE ENGINEER, RWS ANDS DIVISION, RAJAMPET. 4. DEPUTY EXECUTIVE ENGINEER, RWSANDS, SUB DIVISION, RAYACHOTY. 5. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE 2 VS,J W.P.NO.11364 OF 2025 AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR 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 of mandamus or any other appropriate writ or direction declaring the action of the Respondents in withholding the payment of 1st and final bill amount of Rs.5,44,445.83/- even after finalizing the bills, payable to the petitioner in relation to the work i.e. Providing CC drains from main road to last street in gandlapalli, H/o. Adavikammapalli of sambepalli mandal vide Agreement No./23- 24, dt.28.02.2024, is questioned, as the same is illegal, arbitrary and consequently direct the respondents to consider for payment of balance amount of Rs.5,44,445.83/- with interest @12percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith 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 Counsel for the Petitioner: 1. SURESH KUMAR REDDY KALAVA 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.NO.11364 OF 2025 ORDER:- This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “….to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents in withholding the payment of 1st and final bill amount of Rs.5,44,445.83/- even after finalizing the bills, payable to the petitioner in relation to the work i.e. Providing CC drains from main road to last street in gandlapalli, H/o. Adavikammapalli of sambepalli mandal vide Agreement No./23-24, dt.28.02.2024, is questioned, as the same is illegal, arbitrary and consequently direct the respondents to consider for payment of balance amount of Rs.5,44,445.83/- with interest @12% per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith...” 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.4,60,138.00/-. As the payment of the said amounts have 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 money, no payment is being made. The 4 VS,J W.P.NO.11364 OF 2025 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, on 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, the respondents admitted the amount payable to the petitioner as per the quality control certificate filed by the petitioner to a tune of Rs. 4,60,138.00/-. 6. Though the petitioner claimed an amount of Rs.5,44,445.83/- as per the agreements, however, agreed to dispose of Writ Petition basing upon the quality control certificate issued by the respondents dated 24.05.2024 to a tune of Rs.4,60,138.00/- within a period of two (02) months. 5 VS,J W.P.NO.11364 OF 2025 7. 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 clear the admitted bill payable to the petitioner as expeditiously as possible, preferably, 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 :04.11.2025 LSP 261 6 VS,J W.P.NO.11364 OF 2025 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 11364/2025 04.11.2025 LSP