APHC010565422025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY,THE EIGHTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 29413/2025 Between: 1. NAS BABU CONSTRUCTIONS PRIVATE LTD, REP BY ITS MANAGING DIRECTOR, N.V.V. NAGENDRAM, S/O. VENKATESWARA RAO AGED ABOUT 55 YEARS, OCC CONTRACTOR, R/O. H.NO. 10/150-A2, RAJENDRA NAGAR, GUDIVADA, KRISHNA DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP BY ITS. PRINCIPAL SECRETARY TO GOVERNMENT, IRRIGATION AND CAD WATER RESOURCES DEPARTMENT, SECRETARIAT BUILDINGS, A.P. SECRETARIAT, VELAGAPUDI AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, GUNTUR DISTRICT AT GUNTUR. 3. THE ENGINEERINCHIEF, MINOR AND MAJOR IRRIGATION DEPARTMENT, STATE OF ANDHRA PRADESH, IRRIGATION BHAVAN VIJAYAWADA, N.T.R. DISTRICT. 2 VS,J W.P.NO.29413 OF 2025 4. THE SUPERINTENDNETING ENGINEER, IRRIGATION AND WATER RESOURCES DEPARTMENT, IRRIGATION CIRCLE OFFICE, GUNTUR, GUNTUR DISTRICT. 5. THE EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, DRAINAGE DIVISION , CHIRALA, BAPATIA DISTRICT., PREVIUSLY PRAKASAM DISTRICT. 6. THE COMMISSIONER, COMMAND DEVELOPMENT AUTHORITY (CAD) WATER RESOURCES DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, VIJAYAWADA, N.T.R. DISTRICT 7. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS VELAGAPUDI, AMARAVATI, 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 inaction of the respondents in withholding the payment of proposed balance amount of Rs.4,98,587/- even after finalizing the bills, payable to the work for Neeru- Chettu programmee - Desilting and of the Nakkvagu drain @ k.m.14.100 to k.m.15.600 nearjaladi (v) Ediapadu (m), Guntur District vide Agreement. No. 53SE/17-18 dt. 23.06.2017, D.R.No. 27SE/17-18, Q.C.No. 10/19-20 dt. 13.5.2019 and M.B.Book.No. 1126/DDC/18 Under Irrigation Department as per agreement to the petitioner till today and causing heavy loss with interest even though total works were completed as per the agreement as illegal, arbitrary and violation of Articles 14, 16 and 21 of the Constitution of India and consequentially to direct the respondents releasing the proposed balance amount of 3 VS,J W.P.NO.29413 OF 2025 Rs.4,98,587/- for execution of completion of works as per agreement 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 the proposed balance amount of Rs.4,98,587/- for execution of completion of works as per agreement to the petitioner forthwith, pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. PAMARTHI KAMESWARA RAO Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD 2. GP FOR FINANCE PLANNING The Court made the following: 4 VS,J W.P.NO.29413 OF 2025 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 29413/2025 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 inaction of the respondents in withholding the payment of proposed balance amount of Rs.4,98,587/- even after finalizing the bills, payable to the work for Neeru- Chettu programmee - Desilting and of the Nakkvagu drain @ k.m.14.100 to k.m.15.600 nearjaladi (v) Ediapadu (m), Guntur District vide Agreement. No.53SE/17-18 dt.23.06.2017, D.R.No.27SE/17-18, Q.C.No.10/19-20 dt.13.5.2019 and M.B.Book.No.1126/DDC/18 Under Irrigation Department as per agreement to the petitioner till today and causing heavy loss with interest even though total works were completed as per the agreement as illegal, arbitrary and violation of Articles 14, 16 and 21 of the Constitution of India and consequentially to direct the respondents releasing the proposed balance amount of Rs.4,98,587/- for execution of completion of works as per agreement to the petitioner forthwith...” 2. The present writ petition is filed challenging the action of the respondents in withholding the payment of the balance amount of Rs.4,98,587/- even after finalizing the bills. But however, the petitioner has filed a Quality Control Certificate issued by the respondents dated 13.05.2019 to the tune of Rs.23,71,847/-. 5 VS,J W.P.NO.29413 OF 2025 3. Learned counsel for the petitioner states that the remaining amount has been paid and the balance due and withheld by the respondents is to a tune of Rs.4,98,587/-. 4. In view of the same, the Writ Petition is disposed of directing the respondents to pay the admitted amount to the petitioner within a period of two (02) months. No costs. 5. 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. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ____________________ JUSTICE V.SUJATHA Date :18.11.2025 JLV 6 VS,J W.P.NO.29413 OF 2025 154 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 29413/2025 18.11.2025 JLV