APHC010316722024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY,THE TWENTY FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 15994/2024 Between: 1. G V V SATYANARAYANA, S/O PATTABHIRAM, AGED ABOUT 45 YEARS, OCC-CONTRACTOR, R/O D NO. 10.09.021 MAIN ROAD, KANAKALAPET, YANAM DISTRICT, PONDICHERRY ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MINISTRY OF WATER RESOURCES AND IRRIGATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI,. 2. THE ENGINEERINCHIEF MINOR AND MAJOR, IRRIGATION DEPARTMENT, GOVERNMENT OF A.P, IRRIGATON BHAVAN, VIJAYAWADA, NTR DIST. 3. THE DISTRICT COLLECTOR, EAST GODAVARI DISTRICT, RAJAHMAHANDAVARAM. 4. THE CHIEF ENGINEER, GODAVARI DELTA SYSTEM, DOWLAISWARAM, EAST GODAVARI DISTRICT. 5. THE SUPERINTENDENT ENGINEER, IRRIGATION CIRCLE OFFICE, DOWLAISWARAM, EAST GODAVARI DISTRICT. 6. THE EXECUTIVE ENGINEER, GODAVARI EASTERN DIVISION, DOWLAISWARAM, EAST GODAVARI DISTRICT. (PRESENTLY RAMACHANDRAPURAM, DR.BR.AMBEDKAR KONASEEMA DIST.) VS,J W.P Noo.15994 of 2024 2 7. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MINISTRY OF FINANCE AND PLANNING DEPARTMENT, 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 tomay be pleased to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus to declaring the inaction on the part of the respondents herein not releasing and pay the total bill amounts worth of Rs.Rs. 15,47,946/- with interest, to the petitioner for execution of the work as illegal, arbitrary and violative of Article 14,16 and 21 of the Constitution of India and consequentially to direct the respondents to release and pay the total bill amounts worth of Rs. 15,47,946/- with interest, to the petitioner forthwith and pass IA NO: 1 OF 2024 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 and pay the total bill amounts worth of Rs. 15,47,946/- with interest, to the petitioner 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 pleased to grant leave to the Respondent No.5 to file Counter Affidavit in W.P.No. 15994 of 2024 and to pass Counsel for the Petitioner: 1. BOKKA SATYANARAYANA KAMLA Counsel for the Respondent(S): 1. GP FOR IRRIGATION COMM AREA DEV 2. GP FOR FINANCE PLANNING VS,J W.P Noo.15994 of 2024 3 The Court made the following 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 to declaring the inaction on the part of the respondents herein not releasing and pay the total bill amounts worth of Rs. 15,47,946/- with interest, to the petitioner for execution of the work as illegal, arbitrary and violative of Article 14,16 and 21 of the Constitution of India and consequentially to direct the respondents to release and pay the total bill amounts worth of Rs. 15,47,946/- with interest, to the petitioner forthwith and pass....” 2. The petitioner had been awarded the contract of work i.e., Replace the damaged pipes of outfall Sluice at K.M.29.840 of PIP flood bank and strengthening the bank in kesanakurru village limits of I.Polavaram Mandal in East Godavari District, by the Irrigation Department. After execution of the said contract, the respondents also issued quality control certificate dated 01.07.2022 to a tune of Rs.13,36,780/-. 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. 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 VS,J W.P Noo.15994 of 2024 4 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. Respondent No.5 has filed a counter stating that the petitioner has executed the above work, and it was completed in all aspects on 25.09.2020. The first and final work bill was prepared for a Gross amount of Rs.15,47,946/- (Rupees Fifteen Lakhs Forty-seven thousand Nine hundred and Forty-six only). Necessary proposals were already submitted to the Commissioner, CADA, W.R. Department, Vijayawada for release of funds in the name of Executive Engineer, Godavari Head Works Division, Dowlaiswaram (DDO code:03431210004) to clear the above pending bill. Soon after release of the funds by the Government, the above bills will be paid to the petitioner. The delay is not deliberate but is a consequence of the required administration process for budget release. 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 certificate dated 01.07.2022 issued by the respondents within a period of two (02) months from the date of receipt of a copy of this order. No costs. VS,J W.P Noo.15994 of 2024 5 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. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ____________________ JUSTICE V.SUJATHA Date:24.12.2025 Ksj