APHC010542642025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] THURSDAY, THE THIRTIETH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 28327/2025 Between: 1. GUNTUPALLI SRINIVASA RAO, S/O.ANANTAIAH, AGED ABOUT 57 YEARS, R/O.D.NO.2-221, KOTHURU MUNDLAPADU VILLAGE, PENUGACHIPROLU MANDAL, NTR DISTRICT, ANDHRA PRADESH- 521190. 2. GINJUPALLI PURNACHANDRA RAO, S/O.VENKATESWARARAO R/O.NAWABPETA VILLAGE, JAGGAIAHPETA MANDAL, NTR DISTRICT, ANDHRA PRADESH-521185. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, WATER RESOURCES DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. THE EXECUTIVE ENGINEER, NSC OANDM - DIVISION, WATER RESOURCES DEPARTMENT JAGGAYYAPETA, NTR 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 2 VS,J W.P.No.28327/2025 pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents in not releasing admitted bill amounts of Rs.4,58,888/- for the works executed under Agreement Nos. 07EE/2022-23dt.23.07 .2022 06/20-21dt.09.10.2020 and 13/2021-22dt.20.01.2022 despite uploading same bills in Nidhi Portal maintained under supervision of 2nd Respondent is illegal. irrational, arbitrary, and in violation of principles of natural justice and offends Articles 14,19 and 21 of Constitution of India consequently direct the respondents to release admitted bill amounts Rs.4,58,888/- for the works executed under Agreement 07EE/2022-23dt.23.07.2022 06/20- 21dt.09.10.2020 and 13/2021-22dt.20.01.2022 along with interests at 12percentage to the Petitioners Company and to 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 direct the respondents to release admitted bill amounts Rs.4,58,888/- for the works executed under Agreement Nos. 07EE/2022- 23dt.23.07.2022 06/20-21dt.09.10.2020 and 3/2021-22dt 20.01.2022 along with interests at 12 percentage to the Petitioners Company and to pass Counsel for the Petitioner(S): 1. V.N.V.SURYA DATTU 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.28327/2025 ORDER: The present writ petition came to be filed under Article 226 of the Constitution of India seeking the following relief: “…to issue an order, writ or direction, more particularly one in the nature of Writ of Mandamus declaring the action on the part of the respondents herein in not releasing and paying the bills of total an amount of Rs.15,76,384/- (Fifteen Lakhs Seventy six Thousand Three hundred and Eighty Four Rupees) with interest as per the agreement to the petitioner of completion of Drainage works for removal of Weed from the Drains as illegal, arbitrary, contrary to the principles of natural justice and in violation of the Art. 14, 19 and 21 of the constitution of India and Consequentially direct the respondents to make the payment along with an interest of 18% per annum forthwith ….” 2. The petitioner had been awarded the contract of three works as per the agreements dated 09.10.2020, 20.01.2022 and 01.10.2022 respectively by the Irrigation Department. After execution of the aforementioned contract works, the respondents issued quality control certificates i.e., dated 30.11.2020, for a sum of Rs.1,14,465/-, dated 28.02.2022 for a sum of Rs.1,46,893/- and dated 13.03.2023 for a sum of Rs.1,02,010/-. 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 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 VS,J W.P.No.28327/2025 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 Assistant Government Pleader on oral instructions submits that the admitted amount payable to the petitioner as per the quality control certificates i.e., dated 30.11.2020, for a sum of Rs.1,14,465/-, dated 28.02.2022 for a sum of Rs.1,46,893/- and dated 13.03.2023 for a sum of Rs.1,02,010/-. 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. Learned counsel for the petitioner agreed for payment of final bill as per the quality control certificates as stated by the learned Assistant Government Pleader. 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 amounts to the petitioner in accordance with the quality control certificates i.e., dated 30.11.2020, for a sum of Rs.1,14,465/-, dated 28.02.2022 for a sum of Rs.1,46,893/- and dated 13.03.2023 for a sum of Rs.1,02,010/- issued by the respondents, within a period of two (2) months from the date of receipt of a copy of this order. 5 VS,J W.P.No.28327/2025 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: 30.10.2025 KAS 6 VS,J W.P.No.28327/2025 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 28327/2025 Date: 30.10.2025 KAS