APHC010553032025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] FRIDAY,THE THIRTY FIRST DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 28975/2025 Between: 1. MEKA RAMA KRISHNA, S/O. VENKATA RAJU, OCC- CONTRACTOR, R/O. H.NO. 3-2,MEKA VARI STREET, KARAKUDURU VILLAGE, PEDAPUDI MANDAL, EAST GODAVARI DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, 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, KAKINADA DISTRICT 3. THE ENGINEER IN CHIEF, MINOR AND MAJOR IRRIGATION DEPARTMENT GOVERNMENT OF ANDHRA PRADESH IRRIGATION BHAVAN VIJAYAWADA 4. THE SUPERINTENDING ENGINEER, SUPERINTENDING ENGINEER IRRIGATION AND WATER RESOURCES DEPARTMENT IRRIGATION CIRCLE OFFICE, DOWLAISWARAM. 5. THE EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, G E DIVISION RAMACHANDRAPURAM 6. THE COMMISSIONER, CAD WATER RESOURCES DEPARTMENT GOVERNMENT OF ANDHRA PRADESH VIJAYAWADA 2 VS, J W.P.No.28975 of 2025 7. THE PAY AND ACCOUNTS OFFICER, SURYAPETA NEAR ANDHRA HOSPITAL VIJAYAWADA N T R DISTRICT 8. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY FINANCE AND PLANNING DEPARTMENT SECRETARIAT BUILDINGS VELAGAPUDI AMARAVATI GUNTUR DIST ...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 appropriate Writ, Order or direction more particularly one m the nature of Writ of Mandamus declaring action of the Respondents in not releasing the bill amount for work done under Agreement Vide Agreement No. 73b /2023-24 dated. 30.08.2023 for Removal of weed growth in kaikavolu,lanka bodhi,and kaikakuduru, boodi -channel, Robertson channel during kharrif and rabi season 2023-24 of Tosipudi vide work id No.EE/GE.DIVN/RCP/DB/ATO/732 DATE 30.8.2023 Grant for Agreement Vide Agreement No. 73b/2023-24 dated. 28.08.2023 for the works and estimate cost of Rs.4,03,000 lakhs sanctioned under Grant,- Administrative approval accorded by the minutes of the 1st CAD committee held on 18.4.2023 in the chamber of Engineering in Chief(AW) Vijayawada AP on O and M action plan of 2023-24 vide item no75/96 with interest even though total works were completed within time as illegal, arbitrary and violation of Article 14, 16 and 21 of Constitution of India and consequently direct the respondents to release the an amount of Rs. 4,03,000/- vide work ID No.EE/GE.DIVN/RCP/DB/ATO/732 DATE 30.8.2023 payable to the petitioner herein with interest @ 24percent per annum for the delayed amount till date of realization for the works executed by the petitioner forthwith 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 release an amount of Rs. 4,03,000 /- vide work ID No.EH/GE.DIVN/RCP/DB/ATO/732 DATE 30.8.2023 payable to the petitioner herein with interest @ 24% per annum for the delayed amount till date of realization for the works executed by the petitioner forthwith pending disposal of the writ petition and pass Counsel for the Petitioner: 3 VS, J W.P.No.28975 of 2025 1. Kagita Indu Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR IRRI AND CAD 3. GP FOR FINANCE PLANNING The Court made the following: 4 VS, J W.P.No.28975 of 2025 ORDER: The present writ petition came to be 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 action of the Respondents in not releasing the bill amount for work done under Agreement Vide Agreement No. 73b /2023-24 dated. 30.08.2023 for Removal of weed growth in Kaikavolu,lanka bodhi, and kaikakuduru, boodi -channel, Robertson channel during kharrif and rabi season 2023-24 of Tosipudi vide work id No.EE/GE.DIVN/RCP/DB/ATO/732 dated 30.8.2023 Grant for Agreement Vide Agreement No. 73b/2023-24 dated. 28.08.2023 for the works and estimate cost of Rs.4,03,000 lakhs sanctioned under Grant,- Administrative approval accorded by the minutes of the 1st CAD committee held on 18.4.2023 in the chamber of Engineering in Chief(AW) Vijayawada AP on O and M action plan of 2023-24 vide item no. 75/96 with interest even though total works were completed within time as illegal, arbitrary and violation of Articles 14, 16 and 21 of Constitution of India and consequently direct the respondents to release an amount of Rs.4,03,000/- vide work ID No.EE/ GE.DIVN/ RCP/ DB/ ATO/732 dated 30.08.2023 payable to the petitioner herein with interest @ 24% per annum for the delayed amount ….” 2. The petitioner had been awarded the contract of work i.e., “Removal of weed growth in kaikavolu, lanka bodhi, and kaikakuduru, boodi channel, Robertson channel during kharrif and rabi season 2023-24 of Tosipudi”, vide agreement No.73b/2023-24 dated 30.08.2023 by the respondents. After execution of the aforementioned contract work, the respondents issued quality control certificate dated 07.10.2023 for a sum of Rs.3,40,307/-. 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. 5 VS, J W.P.No.28975 of 2025 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. 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. Learned Assistant Government Pleader on oral instructions, submits that the admitted amount payable to the petitioner as per the quality control certificate i.e., dated 07.10.2023 for a sum of Rs.3,40,307/-. 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. Though the petitioner claims to be entitled to Rs.4,03,000/-, the learned counsel for the petitioner has admitted that the writ petition may be disposed of based on the quality control certificate issued by the respondents dated 17 dated 07.10.2023 for a sum of Rs.3,40,307/-. 7. In view of the facts and circumstances of the case, 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 6 VS, J W.P.No.28975 of 2025 quality control certificate i.e., dated 07.10.2023 for a sum of Rs.3,40,307/- issued by the respondents, within a period of one month 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 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: 31.10.2025 CAB/KGR