APHC010382292025 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: 20591/2025 Between: 1. MAHANANDIESWARA CONSTRUCTIONS, REP BY. S.RAMESH NAIDU, S/O. NAGALINGAMAIAH, AGED ABOUT 43 YEARS, R/O. D.NO. 25/427-10-A3-A-1, R.S.ROAD, NANDYAL, NANDYAL DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION AND WATER RESOURCE DEPARTMENT A.P. SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, A.P. SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI. 3. THE CHIEF ENGINEER, WATER RECOURSE DEPARTMENT, KURNOOL KURNOOL DISTRICT. 4. THE DISTRICT COLLECTOR, NANDYAL. NANDYAL DISTRICT. 2 VS,J W.P.NO.20591 OF 2025 5. THE SUPERINTENDING ENGINEER, TELUGU GANGA PROJECT, NANDYAL, NANDYAL DISTRICT. 6. THE EXECUTIVE ENGINEER, W.R.D. TGP DIVISION, ALLAGADDA, NANDYAL, 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 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 payments for the works executed by the petitioner for Providing (i)Repairs and Restoration to the TGP BlockNo.30 Major Distributory from KM 7.943 to KM 10.114 through the Agreement No. 92/2023- 24 District 29-05-2023 for an amount of Rs. 17,25,212/- , (ii) Repairs and restoration to the TGP block no. 30 major distributory from Km 10.114 to Km 11.670 through the Agreement No.93 /2023-24, dated 29.05.2023 for an amount of Rs.17,13,691/-, (iii) Repairs and Restoration to the TGP Block No.30 Major Distributory from KM 3.854 to KM 6.093 through the Agreement No.90/2023-24, dated 29.05.2023 for an amount of Rs. 17,44,335/-, (iv) Repairs and restoration to the TGP block no. 30 major distributory from Km 11.670 to Km 14.290 through the Agreement No.94/2023-24, dated 29.05.2023 for an amount of Rs. 17,26,104/-, and (v) Repairs and Restoration to the TGP Block no.31 Major Distributory From Chainage Km 0.000 to Km 2.450 AND Block No.32 Major Distributory From Chainage Km 0.000 to Km 1.625 through the Agreement No.85/2023-24, dated 29.05.2023 for an amount of Rs. 17,35,549/-, totaling the works amount to Rs.86,44,891/- is illegal, arbitrary and contrary to law and un constitution and violation of Article 14 of Constitution of India and consequently direct the respondent authorities to release an amount of Rs. 86,44,891/- with 18 PERCENT Per annum to the petitioner in respect of the execution of aforementioned work forthwith and to pass 3 VS,J W.P.NO.20591 OF 2025 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 respondent authorities to release an amount of Rs. 86,44,891/- with interest at 18% for the works provided by the petitioner (i) Repairs and Restoration to the TCP BlockNo.30 Major Distributory from KM 7.943 to KM 10.114 through the Agreement No. 92/2023-24 District: 29-05-2023 for an amount of Rs. 17,25,212/- , (ii) Repairs and restoration to the TGP block no. 30 major distributory from Km 10.114 to Km 11.670 through the Agreement No.93 /2023-24, dated 29.05.2023 for amount of Rs. 17,13,691/-, (iii) Repairs and Restoration to the TGP Block No.30 Major Distributory from KM 3.854 to KM 6.093 through the Agreement No.90/2023-24, dated 29.05.2023 for an amount of Rs. 17,44,335/-, Repairs and restoration to the TGP block no. 30 major distributory from Km 11.670 to Km 14.290 through the Agreement No.94/2023-24 29.05.2023 for an amount of Rs. 17,26,104/-, and (v) Repairs and Restoration to the TGP Block no.31 Major Distributory From Chainage Km 0.000 to Km 2.450 & Block No.32 Major Distributory From Chainage Km 0.000 to Km 1.625 through the Agreement No.85/2023-24, dated 29.05.2023 for an amount of Rs. 17,35,549/-, and to pass Counsel for the Petitioner: 1. MARELLA RADHA 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.20591 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 not releasing the payments for the works executed by the petitioner for Providing (i)Repairs and Restoration to the TGP BlockNo.30 Major Distributory from KM 7.943 to KM 10.114 through the Agreement No. 92/2023-24 dated 29-05-2023 for an amount of Rs. 17,25,212/- , (ii) Repairs and restoration to the TGP block no. 30 major distributory from Km 10.114 to Km 11.670 through the Agreement No.93 /2023-24, dated 29.05.2023 for an amount of Rs.17,13,691/-, (iii) Repairs and Restoration to the TGP Block No.30 Major Distributory from KM 3.854 to KM 6.093 through the Agreement No.90/2023-24, dated 29.05.2023 for an amount of Rs. 17,44,335/-, (iv) Repairs and restoration to the TGP block no. 30 major distributory from Km 11.670 to Km 14.290 through the Agreement No.94/2023-24, dated 29.05.2023 for an amount of Rs.17,26,104/-, and (v) Repairs and Restoration to the TGP Block no.31 Major Distributory From Chainage Km 0.000 to Km 2.450 AND Block No.32 Major Distributory From Chainage Km 0.000 to Km 1.625 through the Agreement No.85/2023-24, dated 29.05.2023 for an amount of Rs.17,35,549/-, totaling the works amount to Rs.86,44,891/- is illegal, arbitrary and contrary to law and un constitution and violation of Article 14 of Constitution of India and consequently direct the 5 VS,J W.P.NO.20591 OF 2025 respondent authorities to release an amount of Rs. 86,44,891/- with 18 PERCENT Per annum to the petitioner in respect of the execution of aforementioned work 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.16,55,886/-, Rs.16,45,795/-, Rs.16,75,364/- Rs.16,56,935/- and Rs.16,57,764/- respectively. 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. 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. 6 VS,J W.P.NO.20591 OF 2025 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.16,55,886/-, Rs.16,45,795/-, Rs.16,75,364/- Rs.16,56,935/- and Rs.16,57,764/- respectively 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 26.10.2023 issued by the respondents within a period of six (06) 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. 7 VS,J W.P.NO.20591 OF 2025 8. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ____________________ JUSTICE V.SUJATHA Date :29.10.2025 LSP 8 VS,J W.P.NO.20591 OF 2025 174 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 9232/2025 29.10.2025 LSP