APHC010499652025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY,THE TWENTY NINETH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 26347/2025 Between: 1. NADIMPALLI VENKATARAJU, S/O. SATYA NARAYANA RAJU OCC: CONTRACTOR, R/O D.NO 1-78, RYALLI ROAD, UBALANKA (V), RAVULAPALEM (M), DR. BR AMBEDKAR KONASEEMA DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION AND WATER RESOURCES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DIST., 2. THE PRINCIPAL SECRETARY, FINANCE & PLANNING DEPARTMENT, THE GOVERNMENT OF ANDHRA PRADESH 2ND BLOCK, 1ST FLOOR, ROOM NO.287, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DIST., 3. THE ENGINEER - IN - CHIEF, IRRIGATION AND WATER RESOURCES DEPARTMENT, AMARAVATHI, GUNTUR DIST., 4. THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT AT BHIMAVARAM. 5. THE SUPERINTENDENT ENGINEER, IRRIGATION & WATER RESOURCES DEPARTMENT, VIJAYAWADA. 6. THE EXECUTIVE ENGINEER, IRRIGATION & WATER RESOURCES DEPARTMENT, DRAINAGE DIVISION, BHIMAVARAM, BHIMAVARAM DISTRICT. ...RESPONDENT 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 2 VS, J W.P.No.26347 of 2025 pleased to issue a Writ, Order or direction more particularly one in the nature of writ of Mandamus by declaring the action of the Respondents in not paying the admitted bill amounts payable to the Petitioner vide Agreement No. 12/2024-25 dt: 09.07.2024, Agreement No. 13/2024-25 dt: 09.07.2024, Agreement No. 14/2024-25 dt: 09.07.2024, Agreement No. 15 /2024-25 dt: 09.07.2024 Agreement No. 16 /2024-25 dt: 09.07.2024 and Agreement No. 17/2024-25 dt: 09.07.2024 for removal of weed growth in the respective places in the drainage division, Bhimavaram for the year 2024-25 for the amount payable of Rs. 73,45,040/-, as illegal, arbitrary and in violation of Articles 14, 19 (i) (g), 21, 300-A of the Constitution of India and consequently direct the respondents to release the bills for the subject completed works immediately with 6% interest as held by the Hon'ble Divisional Bench of the High Court of Andhra Pradesh vide Writ Appeal No 724 / 2021, and to pass such other order or orders this Hon'ble Court may deem fit and proper in the circumstances of the case. 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 to direct the respondents to pay the amount of Rs.73,45,040/- along with interest for the work execution by the petitioner pursuant to the Agreement No. 12/2024-25 dt: 09.07.2024, Agreement No. 13/2024-25 dt: 09.07.2024, Agreement No. 14/2024-25 dt: 09.07.2024, Agreement No. 15 /2024-25 dt: 09.07.2024 Agreement No. 16 /2024-25 dt: 09.07.2024 and Agreement No. 17/2024-25 dt: 09.07.2024 for removal of weed growth in the respective places in the drainage division, Bhimavaram for the year 2024-25, Pending disposal of the main writ petition and pass Counsel for the Petitioner: 1. MSVS SUDHA RANI Counsel for the Respondent: 1. GP FOR IRRI AND CAD The Court made the following: 3 VS, J W.P.No.26347 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 a Writ, Order or direction more particularly one in the nature of writ of Mandamus by declaring the action of the Respondents in not paying the admitted bill amounts payable to the Petitioner vide Agreement No. 12/2024-25 dt: 09.07.2024, Agreement No.13/2024-25 dt: 09.07.2024, Agreement No. 14/2024-25 dt: 09.07.2024, Agreement No. 15 /2024-25 dt: 09.07.2024 Agreement No. 16 /2024-25 dt: 09.07.2024 and Agreement No. 17/2024-25 dt: 09.07.2024 for removal of weed growth in the respective places in the drainage division, Bhimavaram for the year 2024- 25 for the amount payable of Rs. 73,45,040/-, as illegal, arbitrary and in violation of Articles 14, 19 (i) (g), 21, 300-A of the Constitution of India and consequently direct the respondents to release the bills for the subject completed works immediately with 6% interest….” 2. The petitioner had been awarded the contract of six works as per the agreements dated 09.07.2024 by the respondents. After execution of the aforementioned contract works, the respondents issued six quality control certificates i.e., 1) dated 12.09.2025 for a sum of Rs.6,60,000/-, 2) dated 10.09.2025 for a sum of Rs.16,87,371/-, 3) dated 02.09.2025 for a sum of Rs.7,47,276/-, 4) dated 02.09.2025 for a sum of Rs.8,49,325/-, 5) dated 29.08.2025 for a sum of Rs.4,85,565/- and 6) dated 12.09.2025 for a sum of Rs.10,58,218/-. 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 4 VS, J W.P.No.26347 of 2025 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. 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 certificates i.e., 1) dated 12.09.2025 for a sum of Rs.6,60,000/-, 2) dated 10.09.2025 for a sum of Rs.16,87,371/-, 3) dated 02.09.2025 for a sum of Rs.7,47,276/-, 4) dated 02.09.2025 for a sum of Rs.8,49,325/-, 5) dated 29.08.2025 for a sum of Rs.4,85,565/- and 6) dated 12.09.2025 for a sum of Rs.10,58,218/-. 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. Learned counsel for the petitioner agreed for payment of final bill as per the quality control certificates as stated by the learned Assistant Government Pleader. 7. 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 5 VS, J W.P.No.26347 of 2025 direction to the respondents to release the amounts to the petitioner in accordance with the quality control certificates i.e., 1) dated 12.09.2025 for a sum of Rs.6,60,000/-, 2) dated 10.09.2025 for a sum of Rs.16,87,371/-, 3) dated 02.09.2025 for a sum of Rs.7,47,276/-, 4) dated 02.09.2025 for a sum of Rs.8,49,325/-, 5) dated 29.08.2025 for a sum of Rs.4,85,565/- and 6) dated 12.09.2025 for a sum of Rs.10,58,218/- issued by the respondents, within a period of six (6) 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 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: 29.10.2025 CAB/KGR