APHC010557442025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] FRIDAY, THE THIRTY FIRST DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 29158/2025 Between: 1. VALLANNAIDU MODALAVALASA, S/O LATE SATYANARAYANA, AGE. 75 YEARS, R/O 2-49, PEDDA VEEDHI, MODALAVALASA, SRIKAKULAM, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, IRRIGATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT 2. THE EXECUTIVE ENGINEER, W. R. DEPT., IRRIGATION DIVISION, SRIKAKULAM. 3. THE DEPUTY EXECUTIVE ENGINEER, W. R. DEPT., IRRIGATION SUB-DIVISION, SRIKAKULAM. 4. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, 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 pleased to issue a WRIT OF MANDAMUS declaring the action of the Respondents herein, in withholding the payment of bills of i) Rs. 7,68,764/- and ii) Rs. 6,45,480/- totally an amount of Rs. 14,14,244/- even after finalizing the bills by entering in the M-Book, issuing Quality Control 2 VS,J W.P.No.29158 of 2025 Certificates and even after completion of the works to the prescribed standards and within the stipulated time in relation to the works i.e., ' i) O and M to Kinthali branch channel, Pichukalagedda, Donibatti from 0M to 450M, Modalavalasa branch channel, Singuru branch channel in Kintali, Kanimetta(v) limits under Kinthali WUA in Pondurumandal and Dolapeta, Ibrahimbad(v) limits under Duppalavalasa WUA in Etcherla Mandal of Srikakulam District as per the Agreement No. 21/2021-2022, Dt 7.02.2022 and ii) O and M to Yerribatti, Yerribatti to Ballavani tank, Kuselapuramchannel, Ponnada branch channel in Ibrahimbada, Kuselapuram, Ponnada(v) limits under Pudivalasa WUA 85 Ponnada WUAs in Etcherla Mandal of Srikakulam District as per the Agreement No. 22/2021- 2022, Dt. 7.02.2022' is questioned, as the same is illegal and arbitrary apart from violative of Articles 14, 16, 19 and 300-A of The Constitution of India and consequently direct the respondents to issue the Bill pass Orders and consider for payment of bills of i) Rs. 7,68,764/- and ii) Rs. 6,45,480/- totally an amount of Rs. 14,14,244/- with an interest @24 percent 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 pleased to DIRECT the Respondents to consider for payment of bills of i) Rs. 7,68,764/- and ii) Rs. 6,45,480/- totally an amount of Rs. 14,14,244/- with an interest @24% per annum for the delayed amount to the petitioner in relation to the works i.e.. i) O & M to Kinthali branch channel, Pichukalagedda, Donibatti from OM to 450M, Modalavalasa branch channel, Singuru branch channel in Kintali, Kanimetta(v) limits under Kinthali WUA in Pondurumandal and Dolapeta, Ibrahimbad(v) limits under Duppalavalasa WUA in Etcherla Mandal of Srikakulam District as per the Agreement No. 21/2021-2022, Dt. 7.02.2022 and ii) O 85 M to Yerribatti, Yerribatti to Ballavani tank, Kuselapuramchannel, Ponnada branch channel in Ibrahimbada, Kuselapuram, Ponnada(v) limits under Pudivalasa WUA 85 Ponnada WUAs in Etcherla Mandal of Srikakulam District as per the Agreement No. 22/2021- 2022, Dt. 7.02.2022”, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. CHAITANYA PALISETTY 3 VS,J W.P.No.29158 of 2025 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.29158 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 a WRIT OF MANDAMUS declaring the action of the Respondents herein, in withholding the payment of bills of i) Rs. 7,68,764/- and ii) Rs. 6,45,480/- totally an amount of Rs. 14,14,244/- even after finalizing the bills by entering in the M-Book, issuing Quality Control Certificates and even after completion of the works to the prescribed standards and within the stipulated time in relation to the works i.e., “i) O and M to Kinthali branch channel, Pichukalagedda, Donibatti from 0M to 450M, Modalavalasa branch channel, Singuru branch channel in Kintali, Kanimetta(v) limits under Kinthali WUA in Pondurumandal and Dolapeta, Ibrahimbad(v) limits under Duppalavalasa WUA in Etcherla Mandal of Srikakulam District as per the Agreement No. 21/2021-2022, Dt 7.02.2022 and ii) O and M to Yerribatti, Yerribatti to Ballavani tank, Kuselapuramchannel, Ponnada branch channel in Ibrahimbada, Kuselapuram, Ponnada(v) limits under Pudivalasa WUA & Ponnada WUAs in Etcherla Mandal of Srikakulam District as per the Agreement No. 22/2021- 2022, Dt. 07.02.2022' is questioned, as the same is illegal and arbitrary apart from violative of Articles 14, 16, 19 and 300-A of The Constitution of India and consequently direct the respondents to issue the Bill pass Orders and consider for payment of bills of i) Rs. 7,68,764/- and ii) Rs. 6,45,480/- totally an amount of Rs. 14,14,244/- with an interest @24 % per annum ….” 2. The petitioner had been awarded the contract of two works as per the agreements dated 07.02.2022 by the respondents. After execution of the aforementioned contract works, the respondents issued two quality control certificates i.e., dated 18.05.2022 for a sum of Rs.7,86,342/- and Rs.9,26,469/- respectively. As the payment of the said amounts has not been made by the 5 VS,J W.P.No.29158 of 2025 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. On the other hand, learned Assistant Government Pleader on oral instructions submits that the admitted amount payable to the petitioner as per the quality control certificates i.e., dated 18.05.2022 for a sum of Rs.7,86,342/- and Rs.9,26,469/- respectively. 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. Learned counsel for the petitioner agreed for payment of final bill as per the quality control certificates as stated by the learned Assistant Government Pleader. 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 6 VS,J W.P.No.29158 of 2025 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 certificates i.e., dated 18.05.2022 for a sum of Rs.7,86,342/- and Rs.9,26,469/- respectively, within a period of three (3) 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: 31.10.2025 CAB/KGR