APHC010404772025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY,THE THIRD DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 20890/2025 Between: 1. M/S TSR NIRMAN PVT LTD,, REP.BY. MANAGING DIRECTOR, TIMMIREDDY SURESH KUMAR REDDY , R/O. 8-2-277/2,POIT NO.2, ROAD NO 3, UBI COLONY KHAIRATABAD, HYDERABAD BANJARA HILLS, TELANGANA -500034. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF IRRIGATION, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR. 2. THE SUPERINTENDING ENGINEER, DEPARTMENT OF IRRIGATION CIRCLE SPSR NELLORE DISTRICT. 3. THE EXECUTIVE ENGINEER WRD, DEPARTMENT OF IRRIGATION, KAVALI NORTH DIVISION, NELLORE , SPSR NELLORE DISTRICT. 4. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FINANCE AND PLANNING SECRETARIAT BUILDINGS, 2 VS,J W.P.NO.20890 OF 2025 VELAGAPUDI, 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 tomaybe 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 withholding the part IV payments of pending amounts of Rs. 1,44,11,947/- (One Crore Forty Four Lakhs, Eveven Thousand Nine Hundred And Forty Seven Rupees only) vide CFMS Token Details 2025 - 648061, even after finalizing the bills payable to the petitioner in relation to the works i.e. APILIP- ll-Phase-ll- Modernization of DRand DM CHANNEL FROM K.M.0.000 TO K.M.18.000 OF DM CHANNEL IN DAGADARTHI,BOGOLE and KAVALI MANDALS OF SPSR NELLORE DISTRICT UNDER JICA ASSISTANCE and pass any other order or orders as this Honble Court may deem fit and proper in the interest of Justice. 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 may be pleased to direct the respondents to forthwith consider releasing the amounts Rs. 1,44,11,947/- (One Crore Forty Four Lakhs, Eveven Thousand Nine Hundred And Forty Seven Rupees only) payable to the petitioner herein, pending disposal of the writ petition and pass such Counsel for the Petitioner: 1. DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S): 1. GP FOR IRRIGATION COMM AREA DEV 3 VS,J W.P.NO.20890 OF 2025 2. GP FOR FINANCE PLANNING The Court made the following: 4 VS,J W.P.NO.20890 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 part IV payments of pending amounts of Rs. 1,44,11,947/- (One Crore Forty Four Lakhs, Eleven Thousand Nine Hundred And Forty Seven Rupees only) vide CFMS Token Details 2025 - 648061, even after finalizing the bills payable to the petitioner in relation to the works i.e. “APILIP-ll-Phase-ll-Modernization of DR & DM CHANNEL FROM K.M.0.000 TO K.M.18.000 OF DM CHANNEL IN DAGADARTHI, BOGOLE and KAVALI MANDALS OF SPSR NELLORE DISTRICT UNDER JICA ASSISTANCE...” 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 certificate to a tune of Rs.1,21,74,369/-. As the payment 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. 5 VS,J W.P.NO.20890 OF 2025 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 certificate filed by the petitioner to a tune of Rs.1,21,74,369/-. 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 certificate dated 27.12.2024 issued by the respondents within a period of six (06) months from the date of receipt of a copy of this order. No costs. 6 VS,J W.P.NO.20890 OF 2025 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 :03.11.2025 LSP 7 VS,J W.P.NO.20890 OF 2025 140 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 20890/2025 03.11.2025 LSP