APHC010540052025 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: 28138/2025 Between: 1. SRI SAI SAMHITHA CONSTRUCTIONS, REP ITS MANAGING PARTNER, K.V.G.KRISHNA REDDY, S/O DARMA REDDY, AGED ABOUT 52 YEARS, OCC BUSINESS, R/O D.NO.6-294, RAVULAPALEM VILLAGE AND MANDAL, EAST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, THE STATE OF ANDHRA PRADESH REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION AND COMMAND AREA DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT 3. THE CHIEF ENGINEER, GODAVARI DELTA SYSTEM, DOWALESWARAM (GDS) EAST GODAVARI DISTRTICT. 2 VS,J W.P.NO.28138 OF 2025 4. THE DISTRICT COLLECTOR, AMALAPURAM, DR.BR. AMBEDKAR KOONASEEEMA DISTRICT. 5. THE SUPERINTENDENT OF ENGINEER, IRRIGATION CIRCLE, DAWALESWARAM, EAST GODAVARI DISTRICT. 6. THE EXECUTIVE ENGINEER, GODAVARI CENTRAL DIVISION, AMALAPURAM DR. B.R.AMBEDKAR KONASEEMA 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 or order or a direction more particularly one in the nature of writ of MANDAMUS declaring the action of the respondents, in non payment of amount due to me even after finalizing the bills, payable to them in relation to the works executed by them under Removal of Weed growth from Gannavaram Canal, Bank Canal, Amalapuram Canal and LHL Channel in the Jurisdiction of Irrigation Section Atreyapuram for the year 2023-2024 for both Kharif and Rabi Seasons Programmed in Godavari Central Division, Amalapuram, Dr.B.R.Ambedkar Konaseema District as illegal, arbitrary, unjust, unreasonable and unconstitutional and consequently direct the respondents to consider the payment of amount due to the petitioner in respect of execution of works 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 consider the payment of amount payable to the petitioner in Removal of Weed growth from Gannavaram Canal, Bank Canal, Amalapuram Canal and LHL Channel in the Jurisdiction of Irrigation Section Atreyapuram for the year 2023- 3 VS,J W.P.NO.28138 OF 2025 2024 for both Kharif and Rabi Seasons Programmed in Godavari Central Division, Amalapuram, Dr.B.R.Ambedkar Konaseema District immediately, pending disposal of the main writ petition and pass. Counsel for the Petitioner: 1. SRIDHAR TUMMALAPUDI 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.28138 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 or order or a direction more particularly one in the nature of writ of MANDAMUS declaring the action of the respondents, in non-payment of amount due to me even after finalizing the bills, payable to them in relation to the works executed by them under Removal of Weed growth from Gannavaram Canal, Bank Canal, Amalapuram Canal and LHL Channel in the Jurisdiction of Irrigation Section Atreyapuram for the year 2023-2024 for both Kharif and Rabi Seasons” Programmed in Godavari Central Division, Amalapuram, Dr.B.R.Ambedkar Konaseema District as illegal, arbitrary, unjust, unreasonable and unconstitutional and consequently direct the respondents to consider the payment of amount due to the petitioner in respect of execution of works 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 certificate to a tune of Rs.12,79,311/-. 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 the aforesaid sum of money, no payment is being made. The 5 VS,J W.P.NO.28138 OF 2025 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 certificate filed by the petitioner to a tune of Rs.12,79,311/-. 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 27.04.2024 issued by the 6 VS,J W.P.NO.28138 OF 2025 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.28138 OF 2025 164 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 28138/2025 03.11.2025 LSP