APHC010057542025 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: 3277/2025 Between: 1. SREEDHAR ENGINEERING WORKS, REP. BY ITS MANAGING PARTNER, A. SRIDHAR, S/O. VENKAIAH, AGED ABOUT 47 YEARS, OCC CONTRACTOR, R/O.K.R.NAGAR, LANE, PADUGUPADU VILLAGE, KOVUR MANDAL, SPSR NELLORE DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION AND COMMAND AREA DEVELOPMENT DEPARTMENT, SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT. 2. THE COMMISSIONER, COMMAND AREA DEVELOPMENT AUTHORITY, VIJAYAWADA. 3. THE SUPERINTENDING ENGINEER, IRRIGATION CIRCLE, NELLORE SPSR NELLORE DISTRICT. 1. 4. THE EXECUTIVE ENGINEER, NELLORE CENTRAL DIVISION, NELLORE, SPSR NELLORE DISTRICT. 5. THE STATE OF ANDHRA PRADESH, REP. BY ITS 2 VS,J W.P.NO.3277 OF 2025 PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT, 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 issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents in withholding the undisputed bill amounts payable to the petitioner in respect of works i.e., 1) Oiling of screw shutters of inlet on Southern Channel in Buchireddypalem Mandal of SPSR Nellore District and 2) Repairs to shutters of Adda Kalava (D.J.S) regulator in Sangam Mandal of SPSR Nellore District vide Agreement Nos.252 O and M DN/2019-20 Dt 05.03.2020 and No.248 O and M/DN/2019-20 Dt 05.03.2020, even after finalizing the bills as illegal arbitrary and contrary to the Principles of natural justice and consequently direct the respondents to pay undisputed bill amounts of 1) Rs.8,46,824/- and 2) Rs.7,70,699/-, payable to the petitioner in respect of execution of afore mentioned work vide Agreement Nos.252 O and M DN/2019-20 Dt 05.03.2020 and No.248 O and M/DN/2019-20 Dt 05.03.2020 along with interest @ 18 percent p.a. from the date of recording of bills 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 pay undisputed bill amounts of 1) Rs.8,46,824/- and 2) Rs.7,70,699/-, payable to the petitioner in respect of works i.e., 1) Oiling of screw shutters of inlet on Southern Channel in Buchireddypalem Mandal of SPSR Nellore District and 2) Repairs to shutters of Adda Kalava (D.T.S) regulator in Sangam Mandal of SPSR Nellore District, vide Agreement No’s.252 0 & M DN/2019-20 Dt: 05.03.2020 and No.248 O & 3 VS,J W.P.NO.3277 OF 2025 M/DN/2019-20 Dt: 05.03.2020, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. C SUBODH Counsel for the Respondent(S): 1. C SUBODH 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.3277 OF 2025 ORDER:- This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “….issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents in withholding the undisputed bill amounts payable to the petitioner in respect of works i.e., 1) Oiling of screw shutters of inlet on Southern Channel in Buchireddypalem Mandal of SPSR Nellore District and 2) Repairs to shutters of Adda Kalava (D.J.S) regulator in Sangam Mandal of SPSR Nellore District vide Agreement Nos.252 O and M DN/2019-20 Dt 05.03.2020 and No.248 O and M/DN/2019-20 Dt 05.03.2020, even after finalizing the bills as illegal arbitrary and contrary to the Principles of natural justice and consequently direct the respondents to pay undisputed bill amounts of 1) Rs.8,46,824/- and 2) Rs.7,70,699/-, payable to the petitioner in respect of execution of afore mentioned work vide Agreement Nos.252 O and M DN/2019-20 Dt 05.03.2020 and No.248 O and M/DN/2019-20 Dt 05.03.2020 along with interest @ 18 percent p.a. from the date of recording of bills 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 certificates to a tune of Rs.8,46,824/- and Rs.7,70,699/- respectively. As the payment 5 VS,J W.P.NO.3277 OF 2025 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 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 certificates filed by the petitioner to a tune of Rs.8,46,824/- and Rs.7,70,699/- respectively. 6 VS,J W.P.NO.3277 OF 2025 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 certificates dated 06.07.2022 issued by the respondents within a period of four (04) 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.3277 OF 2025 167 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 3277/2025 29.10.2025 LSP