APHC010514532024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY,THE TENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 26666/2024 Between: 1. NARINA VENKATA NAGENDRA KUMAR, S/O SRIRAMA MURTHY, AGED ABOUT 52 D NO 12-42/1, RAMALAYAM VEEDHI, VALLURU THOTA, VALLURU, WEST GODAVARI DIST. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP, BY ITS PRINCIPAL SECRETARY, WATER RESOURCES AND IRRIGATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI. 2. THE COMMAND DEVELOPMENT AUTHORITY, REP.BY ITS COMMISSIONER,GOVERNMENT OF A.P, IRRIGATION BHAVAN, VIJAYAWADA, NTR DIST. 3. THE DISTRICT COLLECTOR, EAST GODAVARI DISTRICT, RAJAHMAHANDAVARAM. 4. THE CHIEF ENGINEER, GODAVARI DELTA SYSTEM, DOWLAISWARAM, EAST GODAVARI DISTRICT. 5. THE SUPERINTENDENT ENGINEER, , IRRIGATION CIRCLE OFFICE, DOWLAISWARAM,EAST GODAVARI DISTRICT. 2 VS, J W.P.26666 of 2024 6. THE EXECUTIVE ENGINEER, GODAVARI CENTRAL DIVISION, AMALAPURAM, DR.BR.KONASEEMA DIST. 7. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. ...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 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 total bill amounts worth of Rs.5,96,597 /- along with interest @ 6percent per annm , in view of the judgement of the Hon'ble Division Bench of this court in Writ Appeal No.724/2021 and batch dt 12-10- 2023 petitioner for execution of the work as illegal, arbitrary and violative of Article 14, 16 and 21 of the Constitution of India and consequentially to direct the respondents to release and pay the total bill amounts worth of Rs.5,96,597 /- along with interest @ 6 percennt per annm , to the petitioner forthwith and to pass IA NO: 1 OF 2024 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 total bill amounts worth of Rs.5,96,597 /- along with interest @ 6% per annm , 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): 1. GP FOR FINANCE PLANNING 2. GP FOR IRRIGATION COMM AREA DEV The Court made the following: 3 VS, J W.P.26666 of 2024 ORDER: The present writ petition came to be 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 total bill amounts worth of Rs.5,96,597 /- along with interest @ 6percent per annm , in view of the judgement of the Hon'ble Division Bench of this court in Writ Appeal No.724/2021 and batch dt 12-10-2023 petitioner for execution of the work as illegal, arbitrary and violative of Article 14, 16 and 21 of the Constitution of India and consequentially to direct the respondents to release and pay the total bill amounts worth of Rs.5,96,597 /- along with interest @ 6 percent per annum , to the petitioner forthwith and to pass ….” 2. The petitioner had been awarded the contract of work i.e., “Embankment repairs to Gannavaram Canal L/B at K.M 27.00 & 38.00 & repairs to shutters near Gopalapuram & Bellampudi village limits” vide agreement No.58/2021-22, dated 19.01.2022 by the respondents. After execution of the aforementioned contract work, the respondents issued quality control certificate dated 30.06.2023 for a sum of Rs.5,15,488/-. As the payment of the said amount 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- 4 VS, J W.P.26666 of 2024 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 Assistant Government Pleader on oral instructions submits that the admitted amount payable to the petitioner as per the quality control certificate dated 30.06.2023 for a sum of Rs.5,15,488/-. 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. 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 certificate dated 30.06.2023 for a sum of Rs.5,15,488/- issued by the respondents, within a period of two (2) months from the date of receipt of a copy of this order. As far as interest component is concerned, if there is any subsisting clause in the agreement/work order envisaging payment of interest upon any 5 VS, J W.P.26666 of 2024 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: 10.12.2025 KGR