APHC010507732025 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: 26469/2025 Between: 1. Y VENKATA REDDY, S/O. V. SUBBA REDDY, AGE-48 YEARS, D/O.4-1-763/2,ANJINEYA NAGAR ,BADVEL ,KADAPA DISTRICT ...PETITIONER AND 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, FOR IRRIGATION DEPORTMENT, SECRETARIAT BUILDING, VELAGAPUDI AMARAVATHI,GUNTUR. 2. THE CHIEF ENGINEER, AND DWRO, WATER RESOURCE DEPARTMENT KURNOOL DISTRICT. 3. THE EXECUTIVE ENGINEER, TBP DIVISION ,ADONI, KURNOOL DISTRICT. 4. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT ...RESPONDENT(S): 2 VS,J W.P.NO.26469 OF 2025 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 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 Rs. 48,51,108/- (Forty Eight Lakhs, Fifty One Thousand One Hundred and Eight only) even after finalizing the bills payable to the petitioner in relation to the works i.e. . I. Resectioning of canal including strengthening of existing banks in vulnerable reaches in between Km 0.00 to Km.2.00 of DP-82 And between Km.0.00 to Km.1.500 of TBP LLC Project , Agreement no.25/2020- 21,Date 28.05.2020 (Rs.8,67,702/-) ,11. Resectioning and strengthening of existing bank in vulnerable reaches in between Km. 6.500 to Km.9.450 Gangavaram Major Distributary of TBP LLC Project, Agreement o.20/2020-21, Date 8.05.2020,(Rs.19,94,596/-),III.Resectioning of canal to the originally designed standards to 3R Wet of MSP Major of TBP LLC Project, Agreement no.27/2020-21,Date- 28.05.2020(Rs.19,88,810/-) 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. 48,51,108/- (Forty Eight Lakhs, Fifty One Thousand One Hundred and Eight only) 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 3 VS,J W.P.NO.26469 OF 2025 2. GP FOR FINANCE PLANNING The Court made the following: 4 VS,J W.P.NO.26469 OF 2025 ORDER:- This writ petition is 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 Rs. 48,51,108/- (Forty Eight Lakhs, Fifty One Thousand One Hundred and Eight only) even after finalizing the bills payable to the petitioner in relation to the works i.e. “I. Resectioning of canal including strengthening of existing banks in vulnerable reaches in between Km 0.00 to Km.2.00 of DP-82 And between Km.0.00 to Km.1.500 of TBP LLC Project, Agreement no.25/2020-21,Date 28.05.2020 (Rs.8,67,702/-) ,II. Resectioning and strengthening of existing bank in vulnerable reaches in between Km.6.500 to Km.9.450 Gangavaram Major Distributary of TBP LLC Project, Agreement No.20/2020-21, Date 28.05.2020,(Rs.19,94,596/-),III. Resectioning of canal to the originally designed standards to 3R Wet of MSP Major of TBP LLC Project, Agreement no.27/2020-21,Date- 28.05.2020(Rs.19,88,810/-)...” 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.8,20,969/-, Rs.18,88,145/- and Rs.18,72,347/- respectively. As the payment of the said amounts have not been made by the respondents, the petitioner has approached this Court by way of this writ petition. 5 VS,J W.P.NO.26469 OF 2025 3. Though the petitioner had claimed an amount of Rs.48,51,108/-, learned counsel for the petitioner has stated that they have already received part payment, and now an amount of Rs.18,72,347/- is only payable to the petitioner as per the quality control certificate dated 22.07.2021, filed along with memo dated 07.10.2025. 4. 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. 5. 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. 6. On the other hand, learned Government Pleader, on 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 6 VS,J W.P.NO.26469 OF 2025 the petitioner, however, admitted the amount payable to the petitioner as per the quality control certificate filed by the petitioner to a tune of Rs.18,72,347/-. 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 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 22.07.2021 issued by the respondents within a period of three (03) months from the date of receipt of a copy of this order. No costs. 8. 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 :29.10.2025 LSP 7 VS,J W.P.NO.26469 OF 2025 230 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 26469/2025 29.10.2025 LSP