APHC010102472024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY,THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 5498/2024 Between: 1. GUNTREDDI KRISHNA MURTHI NAIDU,, S/O. .LATE G.SWAMI NAIDU, AGED ABOUT 72 YEARS, OCC- CONTRACTOR, R/O. PEDAKUDAMA, JIYYAMAVALASA MANDAL, PARVATHIPURAM MANYAM DISTRICT - 535525 (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, AMAMRAVATHI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, PARVATHIPURAM MANYAM DISTRICT, (ERSTWHILE VIZIANAGARAM 2 VS,J W.P.NO.5498 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 tomay be pleased to issue 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.9,25,346/- (Rupees Nine lakhs Twenty five thousand three hundred and forty six only) along with interest 18percent per annum for the date of execution of the works executed at Improvements to the tamara tank of Pedakudama (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 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 may be pleased to pass an interim order directing the respondent authorities to disburse the amount of Rs.9,25,346/- (Rupees Nine lakhs Twenty five thousand three hundred and forty six only) along with interest 3 VS,J W.P.NO.5498 OF 2024 18% per annum for the date of execution of the works executed at “Improvements to the Cascade tank of Tamara tank of Pedakudama (V) in J.M.Valasa (M) of Kurupam Constituency, to the account of the petitioner 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.5498 OF 2024 ORDER:- This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “….to issue 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.9,25,346/- (Rupees Nine lakhs Twenty five thousand three hundred and forty six only) along with interest 18% per annum for the date of execution of the works executed at “Improvements to the tamara tank of Pedakudama (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 certificate to a tune of Rs.8,66,278/-. 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 5 VS,J W.P.NO.5498 OF 2024 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:2018-2705160 for an amount of Rs.9,70,231/-. It is submitted that admitted bills to an tune of Rs.9,70,231/- have been 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 6 VS,J W.P.NO.5498 OF 2024 Government Pleader, this writ petition is disposed of with a direction to the respondents to clear the bill amount of Rs. 9,70,231/- payable to the petitioner, as expeditiously as possible, preferably 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 :04.11.2025 LSP 7 VS,J W.P.NO.5498 OF 2024 257 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 5498/2024 04.11.2025 LSP