APHC010643872025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY,THE TWENTY THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 33352/2025 Between: 1. SOMU INFRA AND ENGINEERS, MANAGING PARTNER S. SATYANARAYANA S/O.SOMU VEERAJU RAO,AGE-65 YEARS, DOOR NO.2-1-73/A, CHALLAVARI STREET, PITHAPURAM MANDAL ,KAKINADA DISTRICT ...PETITIONER AND 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF IRRIGATION , SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR. 2. THE DISTRICT COLLECTOR, KAKINADA, KAKINADA DISTRICT. 3. THE EXECUTIVE ENGINEER, Y.L.DIVISION, PEDDAPURAM, KAKINADA DISTRICT. 4. THE COMMISSIONER CADA, VIJAYAWADA. 5. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FINANCE 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 to issue an appropriate Writ Order or direction more particularly one 2 VS, J W.P.No.33352 of 2025 in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the payments of pending amounts of Rs. 20,29,304/- (Twenty Lakhs,Twenty nine thousand. Three hundred and Four Rupees only) even after finalizing the bills payable to the petitioner in relation to the works i.e. I. Restoration of irrigation system for effective water regulation including monitoring and management of channels in veeravaram WUA in kirlampudi mandal in Kakinada district,Agreement no.159/2024-25,Date 16.11.2024 (Rs.2,07,655/-),ll. Restoration of irrigation system for effective water regulation including monitoring and management of channels in Jagapathinagaram W.U.A In pithapuram mandal in Kakinada district , Agreement no.164/2024-25,Date 16.11.2024(Rs.5,84,570/- ),lll. Restoration of irrigation system for effective water regulationincluding monitoring and management of channels in P.Donthamuru W.U.A in kirlampudi mandal in Kakinada district,Agreement no.163/2024-25,Date16.11.2024(Rs.6,33,647/- ),iV. Restoration of irrigation system for effective water regulation including monitoring and management of channels in W.U.A Kirlampudi in kirlampudi mandal in Kakinada district ,Agreement no.160/2024-25,Date 16.11.2024(Rs.6,03,482/-) 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 direct the respondents to forthwith consider releasing the amounts Rs.20,29,304/- (Twenty and Four Rupees only) Lakhs,Twenty nine thousand, Three hundred payable to the petitioner herein, pending disposal of the writ petition and pass Counsel for the Petitioner: 1. DEVASRI ROSHAN KANCHARLA 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.33352 of 2025 ORDER: The present writ petition came to be filed under Article 226 of the Constitution of India seeking the following relief: “to issue an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the payments of pending amounts of Rs. 20,29,304/- (Twenty Lakhs, Twenty nine thousand. Three hundred and Four Rupees only) even after finalizing the bills payable to the petitioner in relation to the works i.e. I. Restoration of irrigation system for effective water regulation including monitoring and management of channels in veeravaram WUA in kirlampudi mandal in Kakinada district, Agreement no.159/2024-25, Date 16.11.2024 (Rs.2,07,655/-), ll. Restoration of irrigation system for effective water regulation including monitoring and management of channels in Jagapathinagaram W.U.A In pithapuram mandal in Kakinada district , Agreement no.164/2024-25,Date 16.11.2024(Rs.5,84,570/-), lll. Restoration of irrigation system for effective water regulationincluding monitoring and management of channels in P.Donthamuru W.U.A in kirlampudi mandal in Kakinada district,Agreement no.163/2024-25,Date16.11.2024(Rs.6,33,647/-), IV. Restoration of irrigation system for effective water regulation including monitoring and management of channels in W.U.A Kirlampudi in kirlampudi mandal in Kakinada district ,Agreement no.160/2024-25,Date 16.11.2024(Rs.6,03,482/-) and pass ….” 2. The petitioner had been awarded the four contract of works vide Agreements dated 16.11.2024 by the respondents. After execution of the aforementioned contract works, the respondents issued quality control certificates i.e., dated 07.11.2025 for a sum of Rs.2,07,655/-, Rs.5,34,570/- and Rs.6,03,432/- and dated 22.01.2025 for a sum of Rs.5,65,154/-. As the 4 VS, J W.P.No.33352 of 2025 above said amounts have not been paid 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 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 for Irrigation on oral instructions, submits that the admitted amounts payable to the petitioner as per the quality control certificates i.e., dated 07.11.2025 for a sum of Rs.2,07,655/-, Rs.5,34,570/- and Rs.6,03,432/- and dated 22.01.2025 for a sum of Rs.5,65,154/-. 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. 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 respondent Nos. 2 to 5 to release the amounts to the petitioner in accordance with the quality control certificates i.e., dated 07.11.2025 for a sum of 5 VS, J W.P.No.33352 of 2025 Rs.2,07,655/-, Rs.5,34,570/- and Rs.6,03,432/- and dated 22.01.2025 for a sum of Rs.5,65,154/- issued by the respondents, within a period of three (03) 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. Consequently, Miscellaneous Petitions, if any, pending shall stand closed. ______________________ JUSTICE V.SUJATHA Date: 23.12.2025 KGR