APHC010045772024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY,THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 2490/2024 Between: 1. M/S.SRI SAI KRISHNA CONSTRUCTIONS, REP. BY ITS MANAGING PARTNER SNNT. G. PRATHIMA, W/O. G.MURALI KRISHNA REDDY, 53 YEARS, OFFICE AT 2ND FLOOR, PLOT NO.230, SHIVA NAGAR, HYDERGUDA, RAJENDRA NAGAR MANDAL, HYDERABAD-500048. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY FINANCE AND PLANNING DEPARTMENT SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT.(A.P.). 2. THE STATE OF ANDHRA PRADESH, REP. BY IT'S PRINCIPAL SECRETARY TO GOVERNMENT WATER RESOURCE DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVTHI, GUNTUR DISTRICT. (A.P.). 3. CHIEF ENGINEER MINOR AND MEDIUM IRRIGATION, 2 ND FLOOR, VYSHYA BHAVAN,GOPAL RAO STREET, HANUMANPET, VIJAYAWADA. 4. THE CHIEF ENGINEER, , N.T.R.TELUGU GANGA PROJECT, OLD ALIPIRI ROAD, TIRUPATHI. 5. SUPERINTENDING ENGINEERFAC, IRRIGATION CIRCLE, NELLORE. 2 VS,J W.P.No.2490 of 2024 6. EXECUTIVE ENGINEER, S.P.DIVISION NO.1 SOMASILA, ANANTHASAGARAM MANDALAM, S.P.S. NELLORE DISTRICT. 7. THE DIRECTOR OF TREASURIES AND ACCOUNTS, IBRAHIMPATNAM, KRISHNA DISTRICT. 8. THE CHIEF EXECUTIVE OFFICER COMPREHENSIVE FINANCIAL MANAGEMENT SYSTEM, CFMS 6 TH FLOOR, C- BLOCK, ANJANEYA TOWERS, IBRAHIMPATNAM , KRISHNA DISTRICT. DISTRICT COLLECTOR, S.P.S.NELLORE DISTRICT, 9. THE SUPERINTENDING ENGINEER, IRRIGATION CIRCLE, DARGAMITTA , NELLORE 10. EXECUTIVE ENGINEER, IRRIGATION SUB-DIVISION , NELLORE 11. DEPUTY EXECUTIVE ENGINEER, W.R.D. IRRIGATION SUB- DIVISION, NELLORE. RR 9 TO 11 ARE IMPLEADED AS PER THE COURTS ORDER DT 12.03.2024 VIDE ORDERS PASSED IN I.A.NO 02 OF 2024 ...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 a writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not paying certified bills for an amount of Rs.5,27,82,494/- ( Rupees Five Crores Twenty Seven Lakhs Eighty Two Thousand Four Ninety Four Only) in respect of work relating to Construction of Retaining Walls for Jaffer Saheb Canal from KM 1.150 TO KM 2.200 in SPSR Nellore District, under Agreement No. 53 - SE/202-23 DT. 13.07.2022 of SE, IC, Nellore as illegal, arbitrary, vindictive, mala fide, discriminatory and violative of fundamental rights guaranteed under Articles 14, 21 and 19(l)(g) and 300-A of the Constitution of India and consequently direct the respondents to release and pay to the petitioner an amount of Rs.5,27,82,494/- ( Rupees Five Crores Twenty Seven Lakhs Eighty Two Thousand Four Ninety Four Only) along with 18 percent interest from 16-04-2023when bill was certified and passed.and 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 3 VS,J W.P.No.2490 of 2024 direct the 3rd and 4th respondents to grant interim custody of Tivo Tractors bearing Registration Nos. AP 27 BS 5641 with trolley, AP 26 TF 4696 with trolley, Tipper bearing Registration No. MH 40 N 5867 and KOBALCO PROCLAIN of the petitioners pending disposal of the Writ Petition and pass IA NO: 2 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 implead the proposed respondents 9 & 11 as respondents 9 & 11 in the W.P. No. 2490 of 2024 as well as in its relevant Interlocutory Applications and pa 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 to discharge the Respondent No.6 from the present Writ petition and pass Counsel for the Petitioner: 1. JANARDHANA REDDY PONAKA Counsel for the Respondent(S): 1. GP FOR IRRIGATION COMM AREA DEV 2. GP FOR FINANCE PLANNING (AP) The Court made the following: 4 VS,J W.P.No.2490 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 a writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not paying certified bills for an amount of Rs.5,27,82,494/- (Rupees Five Crores Twenty Seven Lakhs Eighty Two Thousand Four Ninety Four Only) in respect of work relating to “Construction of Retaining Walls for Jaffer Saheb Canal from KM 1.150 TO KM 2.200 in SPSR Nellore District”, under Agreement No. 53 - SE/202-23 DT. 13.07.2022 of SE, IC, Nellore as illegal, arbitrary, vindictive, mala fide, discriminatory and violative of fundamental rights guaranteed under Articles 14, 21 and 19(1)(g) and 300-A of the Constitution of India and consequently direct the respondents to release and pay to the petitioner an amount of Rs.5,27,82,494/- (Rupees Five Crores Twenty Seven Lakhs Eighty Two Thousand Four Ninety Four Only) along with 18% interest from 16-04-2023 when bill was certified and passed.….” 2. The petitioner had been awarded the contract for work “Construction of Retaining Walls for Jaffer Saheb Canal from KM 1.150 TO KM 2.200 in SPSR Nellore District”, as per the Agreement No. 53 - SE/202-23 dated 13.07.2022 of SE, IC, Nellore by the respondents. The grievance of the petitioner is that, in spite of completion of the aforesaid work, the respondent authorities have not released an amount of Rs.5,27,82,494/- in favour of the petitioner. Challenging which, the present writ petition is filed. 5 VS,J W.P.No.2490 of 2024 3. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Irrigation & C.A.D. representing the respondents. 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. In pursuance of the orders passed by this Court on 24.12.2025, the 5th respondent appeared before this Court and also filed a counter affidavit vide WPUSR No.155459 of 2025 wherein it is stated that the respondent authorities have processed the petitioner’s bill for an amount of Rs.5,27,84,527/- and uploaded in the CFMS portal vide CFMS No:2023-385183, dated:16.04.2023 but the bill have been closed due to year end activity during 3/2025 and subsequently the same bill have been uploaded in the NIDHI portal vide CFMS No:2025-1059810, dated:09.07.2025, at present the bill is in the RBI waiting for the fund clearance. 6 VS,J W.P.No.2490 of 2024 7. 6 VS,J W.P.No.2490 of 2024 7. In view of the same, the Writ Petition is disposed of, directing the 5th respondent to pay the admitted amount to the petitioner within a period of six (6) months from the date of receipt of a copy of this order. No costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________ JUSTICE V.SUJATHA Dated: 31.12.2025 PBS