APHC010102632024 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: 5499/2024 Between: 1. PUDU SEETHA RAM,, S/O. LATE P.APPALA SWAMY, AGED ABOUT 54 YEARS, OCC CONTRACTOR, R/O. VELAMA VEEDHI, TUMBALI, JIYYAMAVALASA MANDAL, PARVATHIPURAM MANYAM DISTRICT - 535526 (ERSTWHILE VIZIANAGARAM DISTRICT). ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, A.P. SECRETARIAT BUILDINGS, VELAGAPUDI VILLAGE, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, WATER RESOURCES (I AND CAD) DEPARTMENT, A.P. SECRETARIAT BUILDINGS, VELGAPUDI VILLAGE, AMARAVATHI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, PARVATHIPURAM MANYAM DISTRICT, (ERSTWHILE VIZIANAGARAM 2 VS,J W.P.NO.5499 OF 2024 DISTRICT). 4. THE SUPERINTENDING ENGINEER, WATER RESOURCES DEPARTMENT, IRRIGATION CIRCLE, BOBBILI-535558. 5. THE EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, PARVATHIPURAM MANYAM DISTRICT, (ERSTWHILE VIZIANAGARAM DISTRICT). 6. THE DEPUTY EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, PARVATHIPURAM MANYAM DISTRICT, (ERSTWHILE VIZIANAGARAM 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 a writ, order or direction more particularly one in the nature of the writ of Mandamus, direct the respondents to deposit the total amount of Rs. 10,48,676/- (Ten Lakhs forty eight thousand six hundred and seventy six only) 1. Agreement 502/2017 - 2018 date 30-12-2017 for Rs.4,96,403/-(Rupees four lakhs Ninety Six thousand four hundred and three only) 2. Agreement No.503/2017 - 2018 date 30-12-2017, for Rs.5,52,273/- (Rupees five lakhs fifty two thousand two hundred and seventy three only) with regard to the execution of works under De-silting and improvements to the Cascade tank of Konda Banda of Tumbali (V) in J.M.Valasa (M) of Kurupam Constituency, and De- silting and improvements to the Seetammabanda of Tumbali (V) in J.M.Valasa (M) of Kurupam Constituency, as illegal arbitrary and consequently direct the respondents to release the payment of above said bill amount along with interest 18percent p.a. to the petitioner, and pass IA NO: 1 OF 2024 3 VS,J W.P.NO.5499 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 pass an interim order direct the respondent authorities to disburse the amount of Rs. 10,48,676/- (Ten Lakhs forty eight thousand six hundred and seventy six only) 1.Agreement 502/2017 - 2018 date 30-12-2017 for Rs.4,96,403/-(Rupees four lakhs Ninety Six thousand four hundred three only) 2. Agreement No.503/2017 - 2018 date 30-12-2017, for Rs.5,52,273/- (Rupees five lakhs fifty two thousand two hundred and seventy three only) with regard to the execution of works under De-silting and improvements to the Cascade tank of Konda Banda of Tumbali (V) in J.M.Valasa (M) of Kurupam Constituency, and De-silting and improvements to the Seetammabanda of Tumbali (V) in J.M.Valasa (M) of Kurupam Constituency, to the account of the petitioner, pending disposal of the main Writ Petition to and pass Counsel for the Petitioner: 1. P RAJESWARI Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING 2. GP FOR IRRIGATION COMM AREA DEV The Court made the following: 4 VS,J W.P.NO.5499 OF 2024 ORDER:- This writ petition is 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 the writ of Mandamus, direct the respondents to deposit the total amount of Rs. 10,48,676/- (Ten Lakhs forty eight thousand six hundred and seventy six only) 1. Agreement 502/2017 - 2018 date 30-12-2017 for Rs.4,96,403/- (Rupees four lakhs Ninety Six thousand four hundred and three only) 2. Agreement No.503/2017 - 2018 date 30-12-2017, for Rs.5,52,273/- (Rupees five lakhs fifty two thousand two hundred and seventy three only) with regard to the execution of works under De-silting and improvements to the Cascade tank of Konda Banda of Tumbali (V) in J.M.Valasa (M) of Kurupam Constituency, and De-silting and improvements to the Seetammabanda of Tumbali (V) in J.M.Valasa (M) of Kurupam Constituency, as illegal arbitrary and consequently direct the respondents to release the payment of above said bill amount along with interest 18% p.a. to the petitioner ....” 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.4,27,213/- and Rs.5,20,494/- respectively. As the payment 5 VS,J W.P.NO.5499 OF 2024 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 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. Respondent No.5 has filed a counter stating that the Writ Petition is not maintainable, either on facts or on law laid down by the Hon’ble Supreme Court. It is categorically held that the dispute with regard to payments could not be raised by way of a writ petition on disputed question of fact. But however, it is stated that the respondent No.5 has uploaded bills into CFMS vide CFMS Id:2018-1609602 for an amount of Rs.5,82,953/-; CFMS Id:2018-1609607 for an amount of Rs.4,42,593/-. It is submitted that admitted bills to an tune of Rs.10,25,546/- have been 6 VS,J W.P.NO.5499 OF 2024 uploaded and processed further to the respondent (Finance Department). It is submitted that the said admitted bills, which have been uploaded and processed further to the respondent (Finance Department), will be paid, after due verification. 6. In view of the counter affidavit filed by the 5th respondent and as well as the submissions made by the learned Assistant Government Pleader, this writ petition is disposed of with a direction to the respondents to clear the bill amount of Rs. 10,25,546/- payable to the petitioner, as expeditiously as possible, preferably within a period of three (03) 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. 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.5499 OF 2024 163 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 5499/2024 Date :03.11.2025 LSP