APHC010441762025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY,THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 23371/2025 Between: 1. APR CONSTRUCTION LTD, REP. BY ITS PROJECT MANAGER, PACHIPALA KOTAREDDY, S/O P. BALI REDDY, AGED ABOUT 66 FLAT NO.404,5TH FLOOR,BHAN ENCLAVE, SUNDAR NAGAR, ERRAGADDA, HYDERABAD. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF IRRIGATION, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR 2. THE CHIEF ENGINEER, N.T. R. TELUGU GANGA PROJECT THIRUPATHI, CHITTOOR DISTRICT. 3. THE EXECUTIVE ENGINEER, SSLC AND SB DIVISION NO.2, NELLORE, SPSR NELLOREDISTRICT. 4. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FINANCE AND PLANNING SECRETARIAT BUILDINGS, 2 VS,J W.P.NO.23371 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 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 withholding the payments of pending amounts of Rs.6,13,27,114,/- Six Crores Thirteen Lakhs, Twenty Seven Thousand, One Hundred and Fourteen Rupees only), even after finalizing the Part - X bills payable to the petitioner in relation to the works TGP-Package No.9- Additional work Construction of spillway across kandaleru reservoir on the left flack fora discharge of 50,OOOc/s and excavation of surplus course on D/S Of Spillway for a discharge of 50,OOOC/S including investigation Design and Estinnation.(Balance work) and 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 forthwith consider releasing the amountsRs.6,13,2 7,114,/- ( Six Crores Thirteen Lakhs, Twenty Seven Thousand, One Hundred and Fourteen Rupees only) payable to the petitioner herein, pending disposal of the writ petition and pass Counsel for the Petitioner: 1. DEVASRI ROSHAN KANCHARLA 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.23371 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 payments of pending amounts of Rs.6,13,27,114,/-(Six Crores Thirteen Lakhs, Twenty Seven Thousand, One Hundred and Fourteen Rupees only), even after finalizing the Part - X bills payable to the petitioner in relation to the works “TGP-Package No.9- Additional work Construction of spillway across kandaleru reservoir on the left flack for a discharge of 50,000c/s and excavation of surplus course on D/S Of Spillway for a discharge of 50,000C/S including investigation Design and Estimation.(Balance work)...” 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.2,98,79,778/- and Rs.3,14,47,336/- 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 4 VS,J W.P.NO.23371 OF 2025 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. 5. On the other hand, learned Government Pleader, on 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.2,98,79,778/- and Rs.3,14,47,336/- 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 5 VS,J W.P.NO.23371 OF 2025 with the quality control certificates dated 21.08.2024, 29.08.2024 issued by the respondents within a period of eight (08) 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 :04.11.2025 LSP 6 VS,J W.P.NO.23371 OF 2025 273 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 23371/2025 04.11.2025 LSP