APHC010254632024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY,THE TENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 12719/2024 Between: 1. OBULESWARA SWAMY CONSTRUCTIONS, DR.NO.4/42, PARVATHAREDDYGARIPALLI (V AND P), LAKKIREDDYPALLI (M), YSR KADAPA DISTRICT, ANDHRA PRADESH, REP.BY ITS MANAGING PARTNER, D.HARANATH REDDY, S/O NARAYANA REDDY, AGED 53 YEARS. MANAGING PARTNER, R/O DR.NO.3-72, PARVATHAREDDYGARI PALLI, LAKKIREDDYPALLI, Y.S.R. KADAPA DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY, IRRIGATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH. 3. THE DISTRICT COLLECTOR, Y.S.R. KADAPA DISTRICT 4. THE ENGINEER IN CHIEF, MINOR IRRIGATION AND WATER RESOURCE DEPARTMENT. KRISHNA DISTRICT AT VIJAYAWADA. 5. THE SUPERINTENDING ENGINEER, WRD IRRIGATION CIRCLE, KADAPA, Y.S.R. DISTRICT. 6. THE EXECUTIVE ENGINEER, WATER RESOURCE DEPARTMENT, 2 VS,J W.P.No.12719 of 2024 KADAPA DIVISION, Y.S.R. KADAPA DISTRICT. 7. THE DEPUTY EXECUTIVE ENGINEER, WATER RESOURCE DEPARTMENT, PULIVENDULA, Y.S.R. KADAPA 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 in the nature of Writ of Mandamus declaring the action of the respondents in not releasing the balance amount for the contract works executed by the petitioner i.e. Construction of Protection Wall along the Damaged portions of Vadde Vanka in Surabhi (GP) And Nerusupalli (GP) of Chakrayapet Mandal in Y.S.R Kadapa District in the state of Andhra Pradesh for the year 2022-23, for an amount of Rs. 17,67,744/- (Rupees Seventeen Lakhs Sixty seven thousand seven hundred and forty four Only) as illegal, arbitrary, violation of principles of natural justice, contrary to the Rules And Regulations and consequently, direct the respondents to pay an amount of Rs. 17,67,744/- (Rupees Seventeen Lakhs Sixty seven thousand seven hundred and forty four Only) with interest and to 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 to direct the 1 to 7 Respondents to release the funds of Rs. 17,67,744/- (Rupees Seventeen Lakhs Sixty seven thousand seven hundred and forty four Only) into the petitioner account forthwith pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. DASARI S V V S V PRASAD 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.12719 of 2024 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 not releasing the balance amount for the contract works executed by the petitioner i.e. Construction of Protection Wall along the Damaged portions of Vadde Vanka in Surabhi (GP) & Nerusupalli (GP) of Chakrayapet Mandal in Y.S.R Kadapa District in the state of Andhra Pradesh for the year 2022-23, for an amount of Rs.17,67,744/- (Rupees Seventeen Lakhs Sixty seven thousand seven hundred and forty four Only) as illegal, arbitrary, violation of principles of natural justice, contrary to the Rules And Regulations and consequently, direct the respondents to pay an amount of Rs.17,67,744/- (Rupees Seventeen Lakhs Sixty seven thousand seven hundred and forty four Only) with interest….” 2. The petitioner had been awarded the contract of works i.e., “Construction of Protection Wall along the Damaged portions of Vadde Vanka in Surabhi (GP) & Nerusupalli (GP) of Chakrayapet Mandal in Y.S.R Kadapa District” vide Agreement No.01 SE/2022-23, dated 25.04.2022 for final bills amount of Rs.17,67,744/- by the respondents. After execution of the aforementioned contract works, the respondents issued quality control certificate i.e., dated 02.02.2024 for a sum of Rs.10,02,608/-. As the payment of the said amount has not been made by the respondents, the petitioner has approached this Court by way of this writ petition. 4 VS,J W.P.No.12719 of 2024 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 on oral instructions, submits that the admitted amount payable to the petitioner as per the quality control certificate i.e., dated 02.02.2024 for a sum of Rs.10,02,608/-. 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. Though the petitioner claims to be entitled to Rs.17,67,744/-, the learned counsel for the petitioner has admitted that the writ petition may be disposed of based on the quality control certificate issued by the respondents dated 02.02.2024 for a sum of Rs.10,02,608/-. 7. 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 respondents to release the amounts to the petitioner in accordance with the 5 VS,J W.P.No.12719 of 2024 quality control certificate i.e., dated 02.02.2024 for a sum of Rs.10,02,608/- issued by the respondents, within a period of two (02) 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: 10.12.2025 KGR