APHC010340552025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY, THE EIGHTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 17149/2025 Between: 1. NARRA MURALI KRISHNA, S/O. VENUGOPALA RAO AGED ABOUT 60 YEARS, OCC CONTRACTOR, R/O. D.NO. 3-34, NEAR RAMALAYAM, OLD KURUMADDALI PAMARRU MANDALAM, KRISHNA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT IRRIGATION AND CAD WATER RESOURCES DEPARTMENT, SECRETARIAT BUILDINGS, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR IRRIGATION WING, KRISHNA DISTRICT AT MACHILIPATNAM. 3. THE ENGINEERINCHIEF, MINOR AND MAJOR IRRIGATION DEPARTMENT GOVERNMENT OF ANDHRA PRADESH, IRRIGATION BHAVAN, VIJAYAWADA, N.T.R. DISTRICT, 4. THE SUPERINTENDING ENGINEER, SUPERINTENDING ENGINEER IRRIGATION AND. WATER RESOURCES DEPARTMENT, IRRIGATION CIRCLE OFFICE, VIJAYAWADA, N.T.R. DISTRICT. 5. THE EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, K.E.DIVISION , VIJAYAWADA, N.T.R. DISTRICT. 6. THE COMMISSIONER, COMMAND DEVELOPMENT AUTHORITY (CAD) WATER RESOURCES DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, VIJAYAWADA, N.T.R. DISTRICT. 7. THE STATE OF ANDHRA PRADESH, REP. BY IT'S PRINCIPAL 2 VS,J W.P.No.17149 of 2025 SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR 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 to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declare the inaction on part of the respondents herein not releasing the final bills amount worth of total an amount of Rs.17,04,906/- Agreement No.10/2024-25, dated 12.07.2024 and D.R.No. 31/2024-25, dt. 24.06.2024 with interest of execution of completion of O and M works under Irrigation Department as per agreement to the petitioner till today and causing heavy loss with interest even though total work was completed as per the agreement as illegal, arbitrary and violative of Articles 14, 16 and 21 of the Constitution of India and consequentially to direct the respondents releasing the final bill of total amount worth of Rs.17,04,906/- for execution of completion of Irrigation works under Irrigation Department as per agreement to the petitioner 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 to direct the respondents releasing the Final Bill amount of Rs.17,04,906/- Agreement No.10/2024-25, dated 12.07.2024 and D.R.No. 31/2024-25, dt. 24.06.2024 for execution of completion of Irrigation works under Irrigation Department as per agreement to the petitioner forthwith, pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. PAMARTHI KAMESWARA RAO Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD 2. GP FOR FINANCE PLANNING The Court made the following: 3 VS,J W.P.No.17149 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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declare the inaction on part of the respondents herein not releasing the final bills amount worth of total an amount of Rs.17,04,906/- Agreement No.10/2024-25, dated 12.07.2024 and D.R.No. 31/2024-25, dt. 24.06.2024 with interest of execution of completion of O&M works under Irrigation Department as per agreement to the petitioner till today and causing heavy loss with interest even though total work was completed as per the agreement as illegal, arbitrary and violative of Articles 14, 16 and 21 of the Constitution of India and consequentially to direct the respondents releasing the final bill of total amount worth of Rs.17,04,906/- for execution of completion of Irrigation works under Irrigation Department as per agreement to the petitioner forthwith….” 2. The petitioner had been awarded the contract of work i.e, “O&M such as annual weed free maintenance of bantumili Main Canal from Km.66.600 to Km. 80.400 for the year 2024-25” vide agreement No.10/2024-25, dated 12.07.2024 and D.R.No.31/2024-25, dated 24.06.2024, for a final bills amount of Rs.17,04,906/- by the respondents. After execution of the aforementioned contract work, the respondents issued quality control certificate dated 11.09.2025 for a sum of Rs.24,09,669/-. As the payment of the said amount has not been made by the respondents, the petitioner has approached this Court by way of this writ petition. 4 VS,J W.P.No.17149 of 2025 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 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. Learned Assistant Government Pleader on oral instructions, submits that the admitted amount payable to the petitioner as per the quality control certificate i.e., dated 11.09.2025 for a sum of Rs.24,09,669/-. 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 petitioner has filed a memo dated 15.09.2025 stating that though the petitioner claims to be entitled to Rs.17,04,906/-, but however, as per the quality control certificate dated 11.09.2025, it appears that the final bill amount is Rs.24,09,669/-. Learned counsel for the petitioner has stated that the part bill amount has already paid to the petitioner and only the balance amount is payable to the petitioner. 7. In view of the facts and circumstances of the case, and the directions of this Court in various cases and after hearing the submissions of learned 5 VS,J W.P.No.17149 of 2025 counsel for the petitioner, this Writ Petition is disposed of with a direction to respondent Nos.2 to 7 to release the admitted balance amount to the petitioner within a period of three (03) 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: 18.11.2025 KGR