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2025 DAILYLAW 41986 (AP)

VASALA NARASIMHA RAO v. THE STATE OF ANDHRA PRADESH

WP/24205/2025 · 2025-10-28

V Sujatha

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010446092025 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: 24205/2025 Between: 1. VASALA NARASIMHA RAO, S/O VENKATARAO PONNAMANDA R/O. D NO 7-108/2, NEAR MODUGU CENTER, PONNAMANDA VILLAGE , RAZOLE,DR B.R.AMBEDKAR KONASEEMA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, WATER RESOURCES AND IRRIGATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI. 2. THE DISTRICT COLLECTOR, DR BR AMBEDKAR KONASEEMA DIST, AMALAPURAM. 3. THE CHIEF ENGINEER, GODAVARI HEAD WORKS DOWILESWARAM, RAJAMAHENDRAVARAM, EAST GODAVARI DIST. 4. THE COMMISSIONER COMMAND AREA DEVELOPMENT AUTHORITY CADA, WATER RESOURCES DEPARTMENT, IRRIGATION BHAVAN, VIJAYAWADA, 2 VS,J W.P.NO.24205 OF 2025 NTR DIST. 5. THE EXECUTIVE ENGINEER, GODAVARI CENTRAL DIVISION, AMALAPURAM, DR BR AMBEDKAR KONASEEMA DIST. 6. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT BUILDINGS, 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 toPleased to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus to declaring declaring the action on the part of the respondents herein, not releasing and pay the bill amounts worth of Rs. 13,51,072/- with interest to the petitioner even though total works were executed and completed as illegal, arbitrary and violation of Article 14 and 21 of The Constitution of India and Consequentially to direct the respondents to release and pay the bill amounts worth of Rs. 13,51,072/ with interest to the petitioner forthwith 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 respondents to release and pay the bill amounts worth of Rs 13,51,072/- with interest to the petitioner forthwith, pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. BOKKA SATYANARAYANA KAMLA Counsel for the Respondent(S): 3 VS,J W.P.NO.24205 OF 2025 1. GP FOR IRRI AND CAD 2. GP FOR FINANCE PLANNING The Court made the following: 4 VS,J W.P.NO.24205 OF 2025 ORDER:- This writ petition is 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 to declaring the action on the part of the respondents herein, not releasing and pay the bill amounts worth of Rs.13,51,072/- with interest to the petitioner even though total works were executed and completed as illegal, arbitrary and violation of Article 14 and 21 of The Constitution of India and consequentially to direct the respondents to release and pay the bill amounts worth of Rs. 13,51,072/ with interest to the petitioner 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.3,08,856/-, Rs.2,46,189/-, Rs.2,79,122/- and Rs.3,09,666/- 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 5 VS,J W.P.NO.24205 OF 2025 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. 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.3,08,856/-, Rs.2,46,189/-, Rs.2,79,122/- and Rs.3,09,666/- 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 27.05.2025 issued by 6 VS,J W.P.NO.24205 OF 2025 the respondents within a period of two (02) 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. 8. 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.24205 OF 2025 177 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 24205/2024 29.10.2025 LSP