APHC010467872025 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: 24397/2025 Between: 1. S. BUJJAIAH, S/O SARABU SIDDAIAH AGE 70 YEARS OCC CONTRACTOR R/O. D.NO.30/582, GANDHI NAGAR NANDYAL, NANDYAL DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION AND WATER RESOURCE DEPARTMENT, A.P. SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, A.P. SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI. 3. THE CHIEF ENGINEER, (PROJECTS), WATER RESOURCE DEPARTMENT, KURNOOL, KURNOOL DISTRICT. 4. THE SUPERINTENDING ENGINEER, WRD SRBC CIRCLE NO.1 NANDYAL NANDYAL DISTRICT. 2 VS,J W.P.NO.24397 OF 2025 5. THE EXECUTIVE ENGINEER, WRD SRBC DIVISION NO.3 NANDYAL.. NANDYAL 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 action of the respondents in not releasing an amount for the works executed by the petitioner for providing (i) Repairs to damaged Inspection Path from Nandyal to Gorukallu Balancing Reservoir (GBR) from Km. 0.550 to Km. 0.900 (Reach - 1) in Nandyal District, through the Agreement No. 08EE/2022-23 Dt 13-02-2023 for an amount Rs. 17,96,245/-, (ii) Repairs to damaged Inspection Path from Nandyal to Gorukallu Balancing Reservoir (GBR) from Km. 0.950 to Km. 1.800 (Reach -11) in Nandyal District through the Agreement No. 09EE/2022- 23 Dt 13-02-2023 for an amount Rs.17,86,811/-, (iii) Repairs to damaged Inspection Path from Nandyal to Gorukallu Balancing Reservoir (GBR) from Km. 1.900 to Km. 2.240 (Reach - Ill) in Nandyal District through the Agreement No. 10EE/2022-23 Dt 13- 02-2023 for an amount Rs. 17,80,807/-, for a total amount of Rs. 53,63,863/-, is illegal, arbitrary and contrary to law and un constitution and violation of Article 14 of Constitution of India and consequently direct the respondent authorities to release an amount of Rs. 53,63,863/- with 18PERCENT Per annum to the petitioner in respect of the execution of aforementioned work 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 respondent authorities to release the bill amount of Rs. 53,63,863/- with interest at 18% for the works executed by the petitioner for providing (i) Repairs to damaged Inspection Path 3 VS,J W.P.NO.24397 OF 2025 from Nandyal to Gorukallu Balancing Reservoir (GBR) from Km. 0.550 to Km. 0.900 (Reach -1) in Nandyal District, through the Agreement No. 08EE/2022-23 Dt: 13-02-2023 for. an amount Rs. 17,96,245/-, (ii) Repairs to damaged Inspection Path from Nandyal to Gorukallu Balancing Reservoir (GBR) from Km. 0.950 to Km. 1.800 (Reach - II) in Nandyal District through the Agreement No. 09EE/2022-23 Dt: 13-02-2023 for an amount Rs. 17,86,811/-, (iii) Repairs to damaged Inspection Path from Nandyal to Gorukallu Balancing Reservoir (GBR) from Km. 1.900 to Km. 2.240 (Reach - III) in Nandyal District through the Agreement No. 10EE/2022-23 Dt; 13-02-2023 for an amount Rs.17,80,807/- and to pass Counsel for the Petitioner: 1. MARELLA RADHA 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.24397 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, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not releasing an amount for the works executed by the petitioner for providing (i) Repairs to damaged Inspection Path from Nandyal to Gorukallu Balancing Reservoir (GBR) from Km. 0.550 to Km. 0.900 (Reach - 1) in Nandyal District, through the Agreement No. 08EE/2022-23 Dt 13-02-2023 for an amount Rs.17,96,245/-, (ii) Repairs to damaged Inspection Path from Nandyal to Gorukallu Balancing Reservoir (GBR) from Km. 0.950 to Km. 1.800 (Reach -II) in Nandyal District through the Agreement No.09EE/2022-23 Dt.13-02-2023 for an amount Rs.17,86,811/-, (iii) Repairs to damaged Inspection Path from Nandyal to Gorukallu Balancing Reservoir (GBR) from Km. 1.900 to Km. 2.240 (Reach - Ill) in Nandyal District through the Agreement No. 10EE/2022-23 Dt 13-02-2023 for an amount Rs.17,80,807/-, for a total amount of Rs.53,63,863/-, is illegal, arbitrary and contrary to law and un constitution and violation of Article 14 of Constitution of India and consequently direct the respondent authorities to release an amount of Rs. 53,63,863/- with 18% Per annum to the petitioner in respect of the execution of aforementioned work forthwith...” 5 VS,J W.P.NO.24397 OF 2025 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.16,33,056/-, Rs.Rs.16,24,396/- and Rs.16,19,046/- respectively. As the payment of the said amounts have 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. On the other hand, learned Government Pleader furnished a copy of written instructions of 5th respondent vide letter No.EE/SRBC3/NDL/AB/A4/Court Cases/Srisailam DMD Camp1 6 VS,J W.P.NO.24397 OF 2025 M, dated 02.11.2025, wherein the details of the works executed by the petitioner and the amounts payable to the petitioner are as under:- Sl.No. Name of work Agreement No. Gross Bill Amount Rs. Net bill Amount Rs. 1 Repairs to damaged Inspection Path from Nandyal to Gorukallu Balancing Reservoir from Km. 0.550 to Km. 0.900 (Reach - 1) 08EE/2022- 23 Dt 13-02- 2023 19,76,899 18,08,967 2. Repairs to damaged Inspection Path from Nandyal to Gorukallu Balancing Reservoir from Km. 0.950 to Km. 1.800 (Reach -II) 09EE/2022- 23 Dt.13-02- 2023 19,67,669 17,99,486 3 Repairs to damaged Inspection Path from Nandyal to Gorukallu Balancing Reservoir from Km. 1.900 to Km. 2.240 (Reach - Ill) 10EE/2022- 23 Dt 13-02- 2023 19,59,843 17,93,439 Total 54,01,892 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 direction to the respondents to release the admitted bill amounts to the petitioner, as indicated in the written instructions, within a period of six (06) months from the date of receipt of a copy of this order. No costs. 7 VS,J W.P.NO.24397 OF 2025 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 8 VS,J W.P.NO.24397 OF 2025 181 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 24397/2025 03.11.2025 LSP