APHC010543812025 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: 28277/2025 Between: 1. K JANAIAH, S/O.JANU, AGED ABOUT 59, R/O.SARANGAPALLI AGRAHARAM, MADINAPADU VILLAGE, DACHEPALLI MANDAL, GUNTUR DISTRICT (NOW PALNADU). ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION AND CAD DEPARTMENT, SECRETARIAT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT 2. THE PRINCIPAL SECRETMY FINANCE AND PLANNING DEPARTMENT GOVERNMENT OF ANDHRA PRADESH, SECRETARIAT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. THE SPECIAL CHIEF SECRETARY, WATER RESOURCES DEPARTMENT, SECRETARIAT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT 4. THE COMMISSIONER CADA, WATER RESOURCES DEPARTMENT, 3RD FLOOR, VYSYA BHAVAN, HANUMANPET, VIJAYAWADA, KRISHNA DISTRICT. 5. THE CHIEF ENGINEER, NS PROJECT, GUNTUR DISTRICT (NOW PALNDAU DISTRICT). 6. THE SUPERINTENDING ENGINEER, NSJC O AND M CIRCLE, LINGAMGUNTLA, NARASARAOPET, GUNTUR DISTRICT (NOW 2 VS, J W.P.No.28277 of 2025 PALNADU). 7. THE EXECUTIVE ENGINEER, NSJC O AND M DIVISION, PWD COLONY-MACHERLA, GUNTUR DISTRICT (NOW PALNADU). ...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 Pleased to issue an order, writ or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in not paying the bill amount of Rs.2,24,700/- to the Petitioner in respect of the works executed by the Petitioner i.e.. Urgent repairs for the work of rectification to the damaged portion on Tangeda Major canal which is illegal, arbitrary, against to the principles of natural justice, contrary to law and in violation of Article 14, 21 and 19(g) of the Constitution of India and consequently direct the Respondents to pay the contract bill amount in respect of the works executed by the Petitioner as per the Agreements forthwith in the interest of justice 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 take steps for payment of bills to the petitioner i.e., Rs.2,24,700/- in relation to the works executed by the Petitioner pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. MANIKANTA THOTA 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.28277 of 2025 ORDER: The present writ petition came to be filed under Article 226 of the Constitution of India seeking the following relief: “…to Pleased to issue an order, writ or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in not paying the bill amount of Rs.2,24,700/- to the Petitioner in respect of the works executed by the Petitioner i.e., Urgent repairs for the work of rectification to the damaged portion on Tangeda Major canal which is illegal, arbitrary, against to the principles of natural justice, contrary to law and in violation of Article 14, 21 and 19(g) of the Constitution of India and consequently direct the Respondents to pay the contract bill amount in respect of the works executed by the Petitioner as per the Agreements….” 2. The petitioner had been awarded the contract of six works as per the agreements dated 07.04.2023 by the 7th respondent. After execution of the aforementioned contract works, the respondents issued six quality control certificates i.e., dated 11.03.2024 for a sum of Rs.37,236/-, Rs,38,199/-, Rs.36,915/-, Rs.36,273/-, Rs.38,199/- and Rs.37,878/- 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 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.28277 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 Assistant Government Pleader on oral instructions submits that the admitted amount payable to the petitioner as per the quality control certificates i.e., dated 11.03.2024 for a sum of Rs.37,236/-, Rs,38,199/-, Rs.36,915/-, Rs.36,273/-, Rs.38,199/- and Rs.37,878/- respectively. 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 11.03.2024 for a sum of Rs.37,236/-, Rs,38,199/-, Rs.36,915/-, Rs.36,273/-, Rs.38,199/- and Rs.37,878/- respectively 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.28277 of 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: 29.10.2025 CAB/KGR