APHC010290952025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY,THE THIRD DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 14754/2025 Between: 1. VKR CONSTRUCTIONS, FLAT NO. 401, KRISHNA SAI RESIDENCY, STREET, NETHAJI NAGAR, A.K. NAGAR, NELLORE REPRESENTED BY ITS MANAGING PARTNER S. VENKATA KRISHNA REDDY. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, IRRIGATION AND CAD DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT 2. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT VELAGAPUDI, GUNTUR DISTRICT. 3. THE COMMISSIONER, CADA, VIJAYAWADA, NTR DISTRICT. 4. THE SUPERINTENDING ENGINEER, NELLORE CENTRAL DIVISION, NELLORE. 2 VS,J W.P.NO.14754 OF 2025 5. THE EXECUTIVE ENGINEER, WRD, NELLORE CENTRAL DIVISION, NELLORE. ...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 order, writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not paying the bills pertaining to works executed by the petitioner vide (i) Repairs to damaged Inspection path on Southern channel near Pothireddypalem Village in Kovur Mandal of SPSR Nellore District under Agreement No. 344/O AND M/ DN/2020-21 dated 17.12.2020 for an amount of Rs. 4,02,609/- and (ii) Removal of weed from the bed of Irrigation channels AND Repairs to Non inspection paths near Pothireddypalem Village in Kovur Mandal of SPSR Nellore District under Agreement No. 344/O ANDM/DN/2019- 2020 dated 28.03.2020 for an amount of Rs. 8,52,267/-, in spite of approval as illegal, arbitrary, irresponsible, against to the principles of natural justice and violation of Article 21 of the Constitution of India and consequently direct the respondents to pay the amounts of Rs. 4,02,609/- and Rs. 8,52,267/- for the works executed by 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 pleasedto direct the respondents herein to pay the amounts of Rs. 4,02,609/- and Rs. 8,52,267/- for the works executed by the petitioner herein under Agreements No. 344/0&M/ DN/2020-21 dated 17.12.2020 and 344/O&M/DN/2019-2020 dated 28.03.2020 forthwith, pending disposal of the writ petition and pass Counsel for the Petitioner: 3 VS,J W.P.NO.14754 OF 2025 1. RAMESH BABU TALLURI Counsel for the Respondent(S): 1. GP FOR IRRIGATION COMM AREA DEV 2. GP FOR FINANCE PLANNING The Court made the following: 4 VS,J W.P.NO.14754 OF 2025 ORDER:- This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “….to issue order, writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not paying the bills pertaining to works executed by the petitioner vide (i) Repairs to damaged Inspection path on Southern channel near Pothireddypalem Village in Kovur Mandal of SPSR Nellore District under Agreement No.344/O AND M/DN/2020-21 dated 17.12.2020 for an amount of Rs.4,02,609/- and (ii) Removal of weed from the bed of Irrigation channels & Repairs to Non inspection paths near Pothireddypalem Village in Kovur Mandal of SPSR Nellore District under Agreement No. 344/O&M/DN/2019-2020 dated 28.03.2020 for an amount of Rs. 8,52,267/-, in spite of approval as illegal, arbitrary, irresponsible, against to the principles of natural justice and violation of Article 21 of the Constitution of India and consequently direct the respondents to pay the amounts of Rs. 4,02,609/- and Rs. 8,52,267/- for the works executed by 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.4,02,609/- and Rs.8,52,267/- 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 5 VS,J W.P.NO.14754 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 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.4,02,609/- and Rs.8,52,267/- 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 6 VS,J W.P.NO.14754 OF 2025 with the quality control certificates dated 17.03.2021 and 22.03.2022 issued by 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 :03.11.2025 LSP 7 VS,J W.P.NO.14754 OF 2025 145 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 14754/2025 03.11.2025 LSP